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Reasons to Sue Your Employer in Texas: Understanding Your Legal Rights

Workplace issues happen more often than most people think. But in Texas—an at-will employment state—it can be difficult to know when your employer’s actions are illegal or simply unfair. If you’re wondering whether you can sue your employer, it’s important to understand your rights and the legal grounds for filing a claim.

In this guide, we break down the most common reasons to sue your employer in Texas, what the process looks like, and how employment lawyers can help.

Can You Sue Your Employer in Texas?

Yes, you can sue your employer in Texas if they violate federal or state employment laws. However, because Texas follows at-will employment, your employer can generally fire you for almost any reason—except if it’s based on discrimination, retaliation, or violates a contract or protected rights.

Top Reasons to Sue Your Employer in Texas

Here are the most common situations that may justify legal action:

1. Wrongful Termination

Texas is an at-will state, but firing someone for an illegal reason is still grounds for a lawsuit. You may have a wrongful termination case if you were fired for:

• Filing a workers’ compensation claim
  
  
• Reporting illegal activity (whistleblowing)
  
  
• Refusing to commit a crime
  
  
• Taking protected leave (under FMLA)
  
  
• Being part of a protected class (race, gender, age, etc.)
  
  

✅ Pro Tip: Keep documentation of your termination and any related communications.

2. Workplace Discrimination

Discrimination in hiring, firing, promotions, pay, or job assignments is illegal under both federal law (Title VII) and the Texas Labor Code.

Protected characteristics include:

• Race or ethnicity
  
  
• Gender or sex (including pregnancy)
  
  
• Age (40 or older)
  
  
• Disability
  
  
• Religion
  
  
• National origin
  
  
• Sexual orientation and gender identity
  
  

If you’re treated differently because of one of these traits, you may have a discrimination claim.

3. Harassment

Texas employees are protected from hostile work environments and harassment. This can include:

• Sexual harassment
  
  
• Racial slurs or jokes
  
  
• Offensive or demeaning comments
  
  
• Repeated unwelcome conduct
  
  

Employers have a legal duty to investigate complaints and take corrective action. If they fail to do so, they may be liable.

4. Unpaid Wages or Overtime Violations

Under the Fair Labor Standards Act (FLSA) and Texas Payday Law, employers must pay employees:

• Minimum wage
  
  
• Overtime (time-and-a-half for hours over 40 per week, unless exempt)
  
  
• All earned wages and bonuses
  
  

Failure to pay what you’re owed can result in a lawsuit, and you may be entitled to double damages in some cases.

5. Retaliation

Retaliation occurs when your employer punishes you for asserting your rights. For example:

• Reporting discrimination or harassment
  
  
• Filing a wage or safety complaint
  
  
• Taking medical or military leave
  
  
• Participating in an EEOC investigation
  
  

Retaliation can take many forms: demotion, pay cuts, job reassignments, or termination. If this happens, it’s not just unethical—it’s illegal.

6. Breach of Employment Contract

If you have a written employment contract, your employer must follow its terms. Suing may be appropriate if they:

• Fire you without cause (if the contract requires cause)
  
  
• Violate severance or bonus terms
  
  
• Break non-compete or confidentiality agreements
  
  

Unlike at-will employees, contract employees have specific legal protections.

7. Workplace Safety Violations

Texas employers must comply with OSHA (Occupational Safety and Health Administration) regulations. If you’re injured on the job or exposed to dangerous conditions, and your employer failed to follow proper protocols, you may have a case.

Examples include:

• Failure to provide protective equipment
  
  
• Ignoring hazardous work conditions
  
  
• Failing to report or investigate workplace injuries
  
  

8. Family and Medical Leave Act (FMLA) Violations

Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave for:

• Serious health conditions
  
  
• Pregnancy or childbirth
  
  
• Caring for a family member
  
  
• Certain military-related events
  
  

If your employer denies this leave or retaliates after you return, you may have legal grounds to sue.

9. Misclassification of Employees

Some employers intentionally misclassify workers as independent contractors to avoid paying benefits, overtime, or taxes. If this applies to you, you may be able to recover lost wages and benefits.

How to Sue Your Employer in Texas

✅ Step 1: Document Everything

• Save emails, texts, voicemails, and HR reports
  
  
• Make notes of dates, names, and incidents
  
  
• Keep copies of your pay stubs or employment contract
  
  

✅ Step 2: Report Internally

• File a complaint with HR or a manager
  
  
• Give the company a chance to correct the issue
  
  
• If they don’t, escalate legally
  
  

✅ Step 3: File with a Government Agency (If Required)

Some claims require filing with an agency before suing:

• EEOC – for discrimination, harassment, retaliation
  
  
• Texas Workforce Commission (TWC) – for wage claims
  
  
• OSHA – for safety violations
  
  

You’ll usually need a “Right to Sue” letter before filing a civil lawsuit.

✅ Step 4: Contact an Employment Lawyer

A qualified attorney can:

• Evaluate the strength of your case
  
  
• Help file complaints or lawsuits
  
  
• Negotiate settlements
  
  
• Represent you in court
  
  

What Damages Can You Recover?

If your claim is successful, you may be entitled to:

• Back pay (wages or benefits you should’ve received)
  
  
• Reinstatement (or front pay if not reinstated)
  
  
• Compensatory damages (emotional distress)
  
  
• Punitive damages (in egregious cases)
  
  
• Attorney’s fees and court costs
  
  

How Long Do You Have to Sue?

Statutes of limitations vary by claim type:

• Discrimination/harassment: 180 days to file with EEOC or TWC
  
  
• Wage claims: 2 years under FLSA (3 years if willful violation)
  
  
• Breach of contract: 4 years under Texas law
  
  
• Whistleblower claims: May have shorter deadlines—act fast
  
  

Always consult an attorney as soon as possible to avoid missing important deadlines.

How The Lange Firm Can Help

At The Lange Firm, we understand how difficult it can be to stand up to an employer. We advocate fiercely for workers across Texas facing unfair treatment, wage theft, and wrongful termination.

Our employment law team will help you evaluate your case, build your claim, and fight for the compensation you deserve.

Final Thoughts

Suing your employer is a serious step—but sometimes, it’s the only way to protect your rights and hold companies accountable. If you believe your employer broke the law, don’t stay silent.

Speak with a Texas employment lawyer and find out what options are available to you. Justice starts with information—and action.