Wrongful termination can be difficult to prove since at-will employment is common within Texas. At-will employment essentially states that you or your employer may end your employment at any time without any reason.
At the heart of a successful wrongful termination case is proving your employer violated the law in the course of firing you, according to the Texas Workforce Commission.
Legal exceptions
One legal exception to at-will employment is if you have an employment contract. Your employer must honor the terms of your contract. Firing you without cause under the contract is a breach.
Another legal exception is firing you for refusing to do something illegal. For example, if your employer wanted you to falsifying legal documents, that would be a criminal act. If you refuse to do it and your employer fires you, then this is wrongful termination.
Protected actions
There are also some protections you have under the law that allow you to claim wrongful termination if an employer fires you. The most common one is discrimination. If your employer fires you due to a protected status, then you have a valid case.
The law also protects you from retaliation. For example, if you report a safety hazard that results in your employer receiving a fine from OSHA, your employer cannot fire you because you made the report.
If you file other types of claims, such as a workers’ compensation claim, then you have protection under the law and your employer cannot fire you for that.
Other protected actions include attending jury duty, serving the military, participating in a union or voting. If your employer fires you for a protected action, then you have a solid case for wrongful termination.
