Wrongful termination can be confusing, especially in Texas, where at-will employment is the norm. If you believe that your employer wrongfully terminated you, it is important to understand how at-will employment comes into play.
What is at-will employment?
At-will employment means employers can fire employees at any time and for almost any reason, or no reason at all, without warning. Likewise, employees can leave their jobs at any time without reason or notice.
Exceptions to at-will employment
Even in an at-will state, there are situations where firing an employee is illegal:
- Discrimination: Employers cannot fire someone based on race, color, religion, sex, national origin, age, disability, or genetic information. This breaks federal and state discrimination laws.
- Retaliation: Employers cannot fire someone for using their legal rights, such as filing a workers’ compensation claim, reporting illegal activities (whistleblowing), or taking family and medical leave under the FMLA.
- Public policy: Employers cannot fire someone for refusing to do something illegal or for doing something legally required, like jury duty.
- Contracts: If there is an employment contract or a company policy that states specific reasons for firing, the employer must follow these rules. Breaking these rules can lead to wrongful termination claims.
Proving wrongful termination
To claim wrongful termination, employees must demonstrate that their firing fits into one of the exceptions. This can be done by collecting evidence such as emails, performance reviews, and witness statements that support the claim, as well as creating a detailed timeline of events leading up to the termination.
Navigating wrongful termination claims
Understanding wrongful termination in Texas means knowing about at-will employment and its exceptions. While employers have a lot of freedom to fire employees, certain protections exist to prevent unfair dismissals. If you think you were wrongfully fired, collecting evidence and being aware of the law can help you navigate your case. Staying informed and proactive helps protect your rights at work.
