Before proceeding, please review the legal disclaimer.
Texas follows at-will employment, meaning that, in most cases, employers can fire employees without providing a reason. However, there are exceptions that protect workers from wrongful termination under specific circumstances.
At-will employment means an employer can terminate an employee at any time, for any reason, or for no reason at all—as long as it does not violate the law. Similarly, employees can quit their jobs without notice or reason.
Employers do not need to provide justification for termination.
Employees cannot sue just because they were fired without cause.
Employers can change job terms, wages, or benefits at any time (unless a contract states otherwise).
No prior warning is required before termination.
A termination does not need to be in writing unless required by an employment contract.
At-will employment gives Texas employers flexibility, but it also means employees may feel uncertain about job security. That’s why understanding the exceptions to at-will termination is crucial.
Even though Texas is an at-will state, certain laws protect employees from unfair termination. Employers cannot fire an employee for:
Under federal and state laws, firing someone due to their race, gender, age (40+), disability, religion, national origin, or pregnancy is illegal. The Texas Labor Code and federal Equal Employment Opportunity (EEO) laws protect employees from discrimination-based terminations.
An employer cannot fire an employee for reporting unlawful activities, such as:
Workplace discrimination
Sexual harassment
Wage violations
Unsafe working conditions
Whistleblowing on illegal business practices
If an employer fires an employee in response to a complaint or legal action, it could be classified as retaliatory termination, which is illegal.
Employees who suffer workplace injuries and file a workers’ compensation claim are legally protected. An employer cannot retaliate by firing them. Texas law prohibits termination based solely on an employee exercising their right to claim benefits.
If an employee has a written contract guaranteeing job security, they are not at-will and cannot be fired without cause. Some union agreements also provide protection against unjust termination.
Additionally, if an employer’s handbook or policy manual outlines termination procedures (such as progressive discipline or requiring just cause), those policies may be legally binding in some cases.
Firing an employee for refusing to commit an illegal act (such as fraud or perjury) is considered wrongful termination under Texas law.
While at-will employment allows for broad termination rights, employers cannot fire someone for illegal reasons, such as discrimination or retaliation.
No Texas law requires employers to give advance notice before firing an employee unless a contract states otherwise.
While some cases result in lawsuits, many wrongful termination disputes are resolved through mediation, settlements, or agency investigations.
If you believe you were fired illegally, consider these steps:
Keep records of termination notices, emails, performance reviews, and any discriminatory or retaliatory actions.
Document any conversations related to your firing.
Save any company policies that contradict your termination.
Depending on the reason for termination, you may file a complaint with:
The Texas Workforce Commission (TWC)
The Equal Employment Opportunity Commission (EEOC)
The U.S. Department of Labor
If your termination violates Texas or federal employment laws, you may be able to file a lawsuit for wrongful termination. Compensation may include lost wages, reinstatement, or damages for emotional distress.
If you lost your job through no fault of your own, you may qualify for unemployment benefits through the Texas Workforce Commission.
Consulting an employment lawyer can help determine whether you have a case and what legal actions you should take.
Yes, in Texas, you can be fired for no reason due to at-will employment laws. However, certain legal protections exist against discrimination, retaliation, and contract violations. If you believe your termination was unlawful, consulting with an employment attorney may help you seek justice.
Understanding your rights can help you protect yourself in the workplace. If you need legal assistance navigating wrongful termination claims in Texas, The Lange Firm can provide expert guidance.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
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