Understanding At Will Employment in Texas

at will employment texas

Texas operates under an at will employment framework. This means that your employer has the authority to terminate your employment for a good reason, a bad reason, no reason at all, or even an unethical reason. However, employers are not allowed to terminate employees for illegal reasons. Though many cases involve a wrongful termination (an unfair termination), a lot of times, a wrongful termination does not amount to an illegal termination.

What Are Illegal Reasons for Termination in Texas?

While Texas law supports at will employment, there are times where termination is deemed illegal. If you are fired for an illegal reason, you may consult with a Texas employment lawyer to “sue my employer.” Some of these illegal reasons include:

Discrimination

Illegal termination due to discrimination includes:

Protected Leave

Employers cannot terminate employees for:

  • Taking FMLA leave
  • Taking leave under the Americans with Disabilities Act (ADA)

Refusing Illegal Acts

If you refuse to commit illegal acts requested by your employer, your termination may be deemed unlawful.

Organized Labor and Union Activities

Employees engaged in union activities or other organized labor efforts are protected from retaliation.

Retaliation

Retaliation for specific actions is prohibited, including:

  • Complaining about discrimination
  • Reporting unpaid or improperly paid wages
  • Utilizing other legal employee protections

Whistleblowing

Whistleblowers are protected under:

  • Texas state laws (e.g., whistleblowers working for school districts or state entities)

Federal laws such as Sarbanes-Oxley

Why Doesn’t My Employer Need a Reason to Terminate Me?

The concept of at will employment reflects Texas’ political choice to minimize government interference in employment decisions. Employers can terminate employees for unethical or poor reasons, as long as those reasons are not illegal. However, employers who unjustly terminate high-performing employees may face consequences in the marketplace. In my experience, this theory makes little sense because employees do not have the same bargaining power as employers.

Was I Terminated Under At Will Employment?

Employment laws are complex, and illegal termination exceptions are varied. The above examples are not exhaustive. If you believe your termination falls under an exception to at will employment, contact The Lange Firm, with a Texas Employment Lawyer, to schedule a paid consultation.

By understanding the nuances of at will employment, you can better navigate the legal landscape and protect your rights as an employee in Texas.

For more employment law information visit the employment law home page.
 

Final Thoughts

Texas’ at will employment laws grant employers broad discretion, but employees still have legal protections against wrongful termination. If you believe your rights have been violated, take action to secure your future and ensure justice is served. Reach out to a trusted employment lawyer to guide you through the process.

 

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