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Can You Sue for Wrongful Termination in Texas?

Losing a job unexpectedly can be a distressing experience, especially if you believe you were fired unfairly. Many employees wonder, can you sue for wrongful termination in Texas? The answer depends on various legal factors, including state and federal employment laws.

While Texas is an at-will employment state(link to page), meaning employers can terminate employees for almost any reason, there are exceptions. If you were fired under illegal circumstances, you might have grounds for legal action. Understanding these laws and how they apply to wrongful termination cases is crucial.

For legal guidance tailored to your situation, consider consulting with an employment lawyer who can assess the details of your case.

Understanding Wrongful Termination in Texas

Wrongful termination occurs when an employee is fired in violation of state or federal law. Since Texas follows at-will employment rules, employers can generally terminate workers without cause. However, certain terminations may be considered unlawful if they violate employment contracts, discrimination laws, or retaliation protections.

At-Will Employment and Wrongful Termination

What Is At-Will Employment?

Texas, like most U.S. states, follows the at-will employment doctrine. This means that an employer can fire an employee for any reason—or no reason at all—as long as the termination does not violate legal protections. Similarly, employees can quit their jobs at any time without notice.

Exceptions to At-Will Employment

Despite the broad power employers have under at-will employment, there are exceptions, including:

• Discrimination-Based Termination
• Retaliation for Protected Activities
• Breach of Employment Contracts
• Whistleblower Protections

If your termination falls under any of these categories, you may have grounds to sue for wrongful termination in Texas.

Can You Sue for Wrongful Termination in Texas Based on Discrimination?

Federal and State Anti-Discrimination Laws

Both federal and Texas laws prohibit firing employees based on protected characteristics, including:

• Race
• Color
• National origin
• Religion
• Sex (including pregnancy, gender identity, and sexual orientation)
• Age (40 and older)
• Disability
• Genetic information

If you were fired based on any of these protected categories, you may have a wrongful termination claim under laws such as:

• Title VII of the Civil Rights Act of 1964
• The Americans with Disabilities Act (ADA)
• The Age Discrimination in Employment Act (ADEA)
• The Texas Labor Code

Employees who suspect discrimination played a role in their termination should document incidents and consider filing a complaint with the Equal Employment Opportunity Commission (EEOC).

Can You Sue for Wrongful Termination in Texas Due to Retaliation?

Retaliation Protections for Employees

Retaliation occurs when an employer fires an employee for engaging in legally protected activities. Examples of protected activities include:

• Reporting workplace discrimination or harassment
• Filing a workers’ compensation claim
• Participating in an investigation against the employer
• Reporting safety violations or illegal activity

Under federal and state laws, it is illegal for an employer to terminate an employee in retaliation for exercising their rights. If you were fired shortly after engaging in a protected activity, this could be a sign of wrongful termination.

Can You Sue for Wrongful Termination in Texas if You Have a Contract?

Employment Contracts and Termination Protections

Some employees have written contracts outlining the terms of their employment. If a contract specifies that an employee can only be terminated for certain reasons, an employer who violates these terms may be subject to legal action.

Even without a written contract, implied contracts (such as statements in employee handbooks or verbal promises) may sometimes be considered legally binding.

Can You Sue for Wrongful Termination in Texas as a Whistleblower?

Whistleblower Protections in Texas

Employees who report illegal or unethical workplace conduct are protected under whistleblower laws. If an employer fires a worker for exposing fraud, corruption, or safety violations, it may be considered wrongful termination.

The Texas Whistleblower Act protects public employees, while various federal laws cover private-sector workers in specific industries, such as healthcare and finance.

How to Prove a Wrongful Termination Case in Texas

If you believe you were fired unlawfully, you must provide evidence to support your claim. Key evidence may include:

• Emails or written communication from the employer
• Performance reviews indicating satisfactory work
• Witness statements from coworkers
• Documentation of complaints or reports filed before termination

Since proving wrongful termination can be challenging, many employees seek legal counsel to evaluate their case.

Filing a Complaint for Wrongful Termination in Texas

Steps to Take After a Suspected Wrongful Termination

If you suspect you were wrongfully terminated, consider taking these steps:

1. Document the Incident: Keep records of termination-related communications.
2. File a Complaint: If discrimination or retaliation is involved, file a claim with the EEOC or the Texas Workforce Commission.
3. Seek Legal Advice: An employment attorney can help determine if you have a case and guide you through the legal process.

For personalized assistance, you can contact an employment lawyer in Houston at The Lange Firm.

How Long Do You Have to File a Wrongful Termination Claim?

Time Limits for Filing a Complaint

The statute of limitations for wrongful termination claims varies based on the type of violation:

• EEOC Discrimination Complaints: 180 days (may be extended to 300 days under federal law)
• Texas Workforce Commission Complaints: 180 days
• Breach of Contract Lawsuits: Typically four years

Since deadlines can vary, employees should act quickly to protect their rights.

Frequently Asked Questions

What qualifies as wrongful termination in Texas?
Wrongful termination occurs when an employer fires an employee for unlawful reasons, such as discrimination, retaliation, or breach of contract.

Can I sue for wrongful termination without a lawyer?
While it is possible to file a claim without a lawyer, having legal representation can improve your chances of a successful outcome.

What compensation can I receive for wrongful termination?
Employees who win wrongful termination claims may receive back pay, reinstatement, emotional distress damages, or legal fees.

Can I be fired for no reason in Texas?
Yes, Texas follows at-will employment laws, meaning employers can fire employees without providing a reason—unless the termination violates legal protections.

What should I do if I was fired illegally?
If you believe your termination was unlawful, document the situation, file a complaint with the appropriate agency, and consult with a lawyer.

For further assistance, contact The Lange Firm through their contact page.