Can You Get Fired Without a Written Warning in Texas?

An employee holding a box of their belongings.

Texas operates under at-will employment rules, which allow employers to fire employees whenever they choose, except when such termination breaches federal or state employment laws. 

This raises an important question: Is it legal for an employer to terminate employment without providing written notice to the employee? The short answer is yes, but there are exceptions to this rule.

If you believe you were wrongfully terminated or are unsure about your rights, contact Galo Law Firm today at 210-764-6135 for a confidential consultation. Our experienced employment law attorneys are here to help you navigate your legal options.

At-Will Employment in Texas

In at-will employment situations, employers have the right to terminate employees without giving them any advance notice or reason. An employee retains the ability to terminate their employment instantly without needing to provide advance notice. This law grants employers flexible termination options but poses legal risks because some firings can breach specific legal protections.

Many organizations establish disciplinary protocols, including verbal and written warnings, along with performance improvement plans to shield themselves against wrongful termination lawsuits. Documenting performance problems or misconduct enables employers to maintain valid justification for firing employees during legal challenges, should they arise.

Exceptions to At-Will Employment in Texas

 Although employers can terminate employees without notice, they cannot fire employees based on certain standards. There are a variety of illegal reasons employers could be held accountable for termination.

Discrimination

Employees cannot be fired based on discriminatory reasons. Under both federal and state laws, employees cannot be terminated due to their race, religion, gender, sexual orientation, age, disability, or pregnancy. 

An employee who thinks they lost their job because of these factors can submit a complaint to either the Equal Employment Opportunity Commission (EEOC).  

Retaliation 

The law prohibits employers from terminating employees who exercise their legal rights. Examples of protected employee actions include filing a workers’ compensation claim following a job-related injury, reporting illegal or unethical employer practices, and reporting workplace safety violations according to OSHA regulations. 

Employees who demonstrate that their dismissal resulted from retaliation for legally protected actions may establish a valid wrongful termination claim.

Breach of Contract

 Many workers in Texas have employment-at-will status, but some possess employment contracts that detail how termination should be handled. Employers must adhere to the termination process outlined in employment contracts when they require cause for firing employees. 

Some contracts mandate progressive discipline procedures, such as written warnings before an employee can be terminated. Employers who violate employment contracts risk facing breach of contract lawsuits from their employees.

What To Do If You Were Fired Without Warning

You have multiple options available if you were let go without prior notice and thought the termination was unjust or illegal. Begin by checking your employment agreement and company policy documents for any specified termination procedures. Violation of termination terms by your employer provides you with a possible basis for filing a wrongful termination lawsuit.

Asking your employer why they terminated your employment can assist you in assessing the legal legitimacy of their action. Employees who believe their termination stemmed from discrimination or retaliation or their refusal to commit illegal acts should file an official complaint through the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission. 

If you believe you were wrongfully terminated without notice, an attorney can help you seek justice. Galo Law Firm can help. Contact us today at 210-764-6135 to begin receiving the justice you deserve.