Texas is an “at-will” state which means that employers can terminate an employee from his/ her position for almost any reason as long as it is legal.
Illegal termination of an employee is referred to as wrongful termination. The most common examples of wrongful termination are discrimination, breach of an employment contract and refusal to do a job or complaining because the employer is itself doing something that violates public policy or is illegal.
However, there are circumstances under Texas law which permit workers to challenge a discharge or termination from a job.
If you believe you have suffered wrongful termination of your employment you do have legal options but it is better to talk to an employment lawyer before filing a complaint with a state or federal agency.
Types of Wrongful Termination
There are laws in Texas that protect workers from losing their jobs due to wrongful termination in certain situations which are:
- any type of discrimination;
- breach of an existing employment contract;
- retaliation for doing something perfectly legal;
- violating state or federal public policy.
Discrimination
There are both state and federal laws that stop employers from discriminating against their employees. The most common forms of discrimination which are considered illegal are:
- religion;
- racial origin;
- pregnancy;
- political affiliation;
- gender;
- sexual orientation;
- disability;
- age.
If an employer decides to terminate a worker based on any form of discrimination then this could be considered a wrongful termination.
Breach of Contract
If an employer has drawn up an employment agreement or contract with an employee then the terms and conditions of this agreement or contract determine the role of the employee.
The employment is no longer at-will, so the employer cannot just fire an employee without a justifiable reason as determined by the agreement. If an employee is fired for a reason which breaches the employment contract then this could be considered a wrongful termination under Texas law.
Retaliation
Retaliation could be for many other things such as the employee complaining that the employer is doing something illegal. This isn’t a valid reason for terminating a worker’s employment so it could be considered a wrongful termination.
Violation of Public Policy
An employer is not allowed to terminate or fire an employee if the termination violates public policy. Public policy is violated when an employer does something illegal such as asking the employee to falsify a report or submit a fraudulent tax document.
An employee cannot be terminated for refusing to participate in this act. Similarly, if the employee reports to the relevant authority that his/her employer has engaged in an illegal activity s/he cannot be terminated.
How to Sue for Wrongful Termination
If you have been wrongfully terminated, the first step to take is to discuss the termination with your employer or the company’s HR department.
The termination may just have been an overreaction on the part of your employer and just a short discussion with your employer may put you back in your job.
If this method is unsuccessful it is a good idea to discuss the matter with an employment lawyer before taking any action yourself.
The next step is to submit a complaint with either a state or federal agency. If you have been terminated due to a complaint you have filed with OSHA regarding a violation of a safety rule in your workplace, you should discuss your wrongful termination with OSHA.
An OSHA officer will take up your case and find a resolution. If your employer will not co-operate OSHA may take the matter to court.
If you believe that you were fired due to discrimination such as becoming pregnant you would file a complaint with the federal Equal Employment Opportunities Commission (EEOC) if your workplace had more than 15 employees.
If the EEOC officer responsible for your case fails to get your job back because your employer refuses to co-operate your employment lawyer can help you file a lawsuit directly against your employer for compensation for wrongful termination. Included in the compensation claim could be any of the following:
- lost wages;
- back pay;
- lost benefits;
- court costs or attorneys’ fees;
- pain and suffering such as emotional stress caused by the termination;
- out of pocket expenses related to the claim.
Get Help Today
It can be difficult complaining about wrongful termination in Texas without seeking help from an experienced employment lawyer. You are advised to talk to a lawyer before filing a complaint with a government agency. Fill out a free case evaluation.
