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What are some factors that impact my wrongful termination claim?

| May 14, 2021 | employment law | 0 comments

Making a wrongful termination claim in Texas is difficult due to the employment laws. Like most states, Texas is an employment-at-will state.

According to the Texas Workforce Commission, employment at will means you and the employer may end your employment at any time for any reason. The only exception is if the termination violates other laws. For example, your employer cannot fire you because you are of a certain religion since discrimination laws protect against this.

At-will rules

Under the at-will employment rules, your employer can make any changes to your employment agreement as he or she wishes. This includes putting you in a different position, changing your work hours and adjusting your pay. Essentially, your employer can make changes of almost any kind as long as they are not due to discrimination or would cause you to involve yourself in criminal activity.  In addition, employers cannot retaliate for union activity, such as joining a union.

So, you cannot make a wrongful termination claim because your employer changed your work schedule, you refused to work the new schedule and your employer fired you.

Policies

While your employer can make changes to policies or agreements, you have the right to know about the changes. Your employer should give you access to policies and copies of new agreements. It cannot make changes in secret. However, do note that your employer does not have to give you advanced notice of changes or termination.

Due to this, you could make a wrongful termination claim if a change occurs and you were unaware of it and your employer fires you because you did not abide by the new policy.

Wrongful termination is a tricky claim, but it is not impossible to make. Understanding the employment laws can help you to know if your claim is valid.