At-Will Employment in Texas
Definition
Texas is an at-will employment state, meaning employers can terminate employees at any time for any reason, or no reason at all, without warning, as long as the reason is not illegal. Similarly, employees can quit their jobs at any time without notice or reason.
Exceptions to At-Will Employment
Discrimination
Federal and state laws prohibit termination based on discrimination. If you were fired due to your race, color, religion, sex, national origin, age (40 or older), disability, or genetic information, you might have grounds to sue. Relevant laws include:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Texas Labor Code Chapter 21
Retaliation
Employers cannot fire employees in retaliation for exercising their legal rights. If you were terminated for filing a complaint about workplace discrimination, participating in an investigation, or whistleblowing, you could have a case for retaliation.
Breach of Contract
If you have an employment contract that specifies terms for termination, such as requiring a warning or notice period, you might be able to sue for breach of contract if these terms were not followed. Employment contracts can include:
- Written Contracts
- Implied Contracts: Established through company policies, handbooks, or verbal agreements.
Public Policy Violations
Terminations that violate public policy are exceptions to at-will employment. Examples include firing an employee for:
- Refusing to perform an illegal act: Such as committing fraud or breaking the law.
- Fulfilling a legal obligation: Such as jury duty or military service.
- Reporting illegal activities: Such as safety violations or illegal practices.
Steps to Take If You Believe You Were Wrongfully Terminated
Gather Evidence
Collect all relevant documentation and evidence related to your termination, including:
- Employment Contract: If applicable.
- Company Policies: Employee handbooks or written policies.
- Correspondence: Emails, texts, or letters related to your termination.
- Witness Statements: Accounts from colleagues who can support your claims.
File a Complaint
If you believe you were discriminated against or retaliated against, you can file a complaint with the appropriate agency:
- Equal Employment Opportunity Commission (EEOC): For discrimination or retaliation claims.
- Texas Workforce Commission (TWC): For state-level claims.