By Evan Lange
Yes, it’s illegal in Texas to fire an employee for the sole reason that they refused to commit an illegal act that carries criminal penalties. The Texas Supreme Court created this narrow exception to at-will employment in Sabine Pilot Service, Inc. v. Hauck (1985). To win, you must prove by a preponderance of the evidence that your refusal was the only reason you were fired. The claim is a tort, so you may recover lost wages, other damages and, with proper proof, punitive damages. It protects refusing to break the law, not reporting someone else’s violations, which is covered by separate whistleblower laws.
“Falsify the logbook.” “Dump it in the drain.” “Sign off on the inspection anyway.” Houston employees in energy, trucking, healthcare, construction and finance are sometimes told to do something they know is illegal. When they say no, some get fired. Texas is an at-will state, but it does not let employers force you to choose between your job and committing a crime.
In Sabine Pilot, a deckhand was told to pump a boat’s bilge water into the water. He saw a posted notice that it was illegal, confirmed it with the U.S. Coast Guard, refused, and was fired. The Texas Supreme Court held that public policy, as expressed in criminal laws, requires a very narrow exception to at-will employment: an employer can’t fire an employee for the sole reason that the employee refused to perform an illegal act.
The court later confirmed in Safeshred, Inc. v. Martinez (2012) that the claim sounds in tort and can support punitive damages with proper proof.
Employers often point to another reason, such as performance, attendance or a policy violation. Strong reviews, close timing and inconsistent explanations can help show that the refusal was the only real reason. See when “cause” is a cover for an illegal firing.
Sabine Pilot protects refusing to break the law. It doesn’t cover being fired for reporting someone else’s illegal conduct. Texas has no general whistleblower law for private employees (the Texas Whistleblower Act covers public employees), but federal laws protect many reports, including workplace safety complaints, securities fraud and certain financial and environmental violations. Read more about whistleblower protections in Texas and retaliation in the workplace.
No. Under Sabine Pilot Service, Inc. v. Hauck, a Texas employer cannot fire an employee for the sole reason that the employee refused to perform an illegal act that carries criminal penalties.
It is a narrow exception to at-will employment created by the Texas Supreme Court in 1985. It protects employees fired solely because they refused to commit an illegal act.
You must prove by a preponderance of the evidence that you were asked to commit an act carrying criminal penalties, you refused, and the refusal was the sole reason you were fired.
Possibly. The Texas Supreme Court held in Safeshred, Inc. v. Martinez that a Sabine Pilot claim sounds in tort and allows punitive damages upon proper proof.
No. It protects refusing to commit an illegal act, not reporting one. Reports may be protected by federal whistleblower laws or, for public employees, the Texas Whistleblower Act.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review what you were asked to do, the timing of your firing and whether you have a Sabine Pilot or other wrongful termination claim. See also unlawful termination in Texas.
Your employer can ask a lot of you.
It can’t make breaking the law part of the job.
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