Can I Sue for Being Fired Without Warning in Texas?

TL;DR: Generally, no, you cannot sue for being fired without warning in Texas due to the state’s at-will employment doctrine. However, exceptions exist if the termination violated federal or state anti-discrimination laws, employment contracts, or public policy, or was retaliatory in nature.

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:

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.

Key Takeaways

KEY TAKEAWAYS
  • Texas is an at-will employment state, allowing termination without warning for most reasons.
  • Exceptions to at-will employment include discrimination, retaliation, breach of contract, and public policy violations.
  • Gather evidence and consult an attorney if you believe your termination was unlawful.
  • File a complaint with the EEOC or TWC for discrimination or retaliation claims.