Wrongful Termination in Texas: What Employees Need to Know
May 13, 2025
  • Evan Lange By Evan Lange
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Wrongful Termination in Texas: What Employees Need to Know

Getting fired from your job is never easy. But what if it was illegal? What if your termination violated state or federal law?

If you’re asking yourself whether you’ve been the victim of wrongful termination in Texas, you’re not alone—and you’re right to explore your legal options.

At The Lange Firm, we help Texas employees understand their workplace rights and take action when those rights are violated. In this blog, we’ll explain what counts as wrongful termination in Texas, what doesn’t, and what you can do if you’ve been fired unfairly.

Table of Contents

  • What Is Wrongful Termination in Texas?

  • At-Will Employment and Its Limits

  • Common Types of Wrongful Termination

  • Illegal Reasons for Firing an Employee

  • How to Prove Wrongful Termination

  • What to Do If You Were Fired Unfairly

  • How Long Do You Have to File a Claim?

  • What Compensation Can You Recover?

  • When to Contact a Wrongful Termination Attorney

  • How The Lange Firm Can Help

  • Final Thoughts

  • Related Blogs for Further Reading

What Is Wrongful Termination in Texas?

Wrongful termination occurs when an employer fires an employee for a reason that violates the law—either state or federal.

Texas is an at-will employment state, which means employers can fire employees for almost any reason. However, “almost” doesn’t mean “any.” There are exceptions where firing someone is against the law.

If you were fired due to discrimination, retaliation, refusal to perform illegal acts, or exercising your legal rights, you may have a valid claim.

At-Will Employment and Its Limits

In Texas, at-will employment means that:

  • An employer can terminate an employee at any time, for any reason or no reason at all

  • Likewise, an employee can quit without notice

But there are exceptions. Termination is illegal if it violates:

  • Federal anti-discrimination laws (e.g., Title VII, ADA, ADEA)

  • Texas Labor Code

  • Public policy (like whistleblower protections)

  • Employment contracts or union agreements

The at-will doctrine is broad—but not absolute.

Common Types of Wrongful Termination

Some of the most frequent grounds for wrongful termination cases in Texas include:

❌ Discrimination

Firing someone based on:

  • Race

  • Color

  • National origin

  • Sex or gender identity

  • Pregnancy

  • Religion

  • Age (40+)

  • Disability

Protected under federal laws like Title VII, ADA, and ADEA, as well as the Texas Labor Code Chapter 21.

❌ Retaliation

Firing someone for:

  • Reporting discrimination or harassment

  • Filing a workers’ compensation claim

  • Reporting unsafe working conditions

  • Filing a wage or overtime complaint

  • Requesting family or medical leave (FMLA)

❌ Whistleblower Termination

Firing someone for reporting illegal activity by the employer. Public employees in Texas are protected under the Texas Whistleblower Act.

❌ Refusing to Break the Law

You can’t be fired for refusing to commit an illegal act, such as falsifying documents or violating regulations.

❌ Breach of Employment Contract

If you were fired in violation of a written or implied contract, you may have a wrongful termination claim.

Illegal Reasons for Firing an Employee

To be clear, here are reasons employers cannot legally use to fire you:

Illegal Reason

Protected Under

Reporting sexual harassment

Title VII of the Civil Rights Act

Requesting disability accommodation

Americans with Disabilities Act (ADA)

Taking FMLA leave

Family and Medical Leave Act (FMLA)

Complaining about unpaid overtime

Fair Labor Standards Act (FLSA)

Reporting workplace safety violations

Occupational Safety and Health Act (OSHA)

Filing a discrimination complaint

EEOC / Texas Workforce Commission (TWC)

The Lange Firm can help you determine if your firing violated any of these legal protections.

How to Prove Wrongful Termination

To win a wrongful termination case, you must prove:

  • You were legally protected under a specific law

  • You were fired or retaliated against

  • The firing was linked to the protected activity or status

  • Your employer’s stated reason for firing is false or pretextual

✅ Common Types of Evidence:

  • Emails or text messages

  • Performance reviews

  • Witness statements

  • Timing of events (e.g., fired shortly after a complaint)

  • Employment contracts or handbooks

What to Do If You Were Fired Unfairly

  1. Write everything down
    Document the timeline, people involved, and what happened.

  2. Request your personnel file
    Texas law allows you to access certain employment records.

  3. Do not sign anything without review
    Severance agreements often include waivers—get legal advice first.

  4. File a complaint
    You may need to file with the EEOC or Texas Workforce Commission before filing a lawsuit.

  5. Talk to a wrongful termination attorney
    A lawyer can evaluate your claim, gather evidence, and represent you in negotiations or court.

How Long Do You Have to File a Claim?

  • 180 days from the date of termination to file with the Texas Workforce Commission

  • 300 days if filing with the EEOC (for federal claims)

  • 2 years for certain contract or retaliation claims under state law

⚠️ Don’t wait—missing your deadline could mean losing your right to sue.

What Compensation Can You Recover?

If your claim succeeds, you may recover:

  • Lost wages and benefits

  • Reinstatement to your job (in some cases)

  • Emotional distress damages

  • Punitive damages (if your employer acted maliciously)

  • Attorney’s fees and legal costs

  • Front pay if reinstatement isn’t feasible

✅ Settlements are also common and may include a monetary payout and a neutral job reference.

When to Contact a Wrongful Termination Attorney

You should contact an attorney immediately if:

  • You suspect discrimination or retaliation

  • You were fired after filing a complaint

  • You’ve been offered a severance agreement

  • You’re unsure whether your firing was legal

  • You’ve missed out on unemployment benefits

The Lange Firm offers confidential consultations to help you understand your rights and options under Texas and federal law.

How The Lange Firm Can Help

At The Lange Firm, we fight for employees who have been:

  • Wrongfully terminated

  • Retaliated against

  • Denied fair treatment in the workplace

We can help you:

  • Determine if you have a valid claim

  • File with the EEOC or TWC

  • Negotiate a fair severance or settlement

  • Represent you in state or federal court

We believe in holding employers accountable and protecting workers across Texas.

📞 Contact us today to schedule a consultation and protect your future.

Final Thoughts

So, what qualifies as wrongful termination in Texas?
✅ If your employer fired you for an illegal reason, in retaliation, or in violation of public policy, you may have a strong legal claim.

With The Lange Firm by your side, you can take action with confidence—and fight for the compensation and justice you deserve.

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