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Losing a job is never easy, especially if you believe your employer fired you for an illegal reason. Texas is an at-will employment state, which generally means employers can terminate employees at any time, with or without cause. However, there are important exceptions to this rule. If your termination violated state or federal law, you may have grounds to bring a wrongful termination claim against your employer.
At The Galo Law Firm, our wrongful termination lawyers help Texas employees understand their rights and fight back when employers cross the line. Call us today at 210-764-6135.
Under the at-will doctrine, employers in Texas are not required to provide notice or a reason for termination. Similarly, employees may quit at any time without giving notice. While this offers flexibility, it also means that many firings, while unfair, are not legally actionable.
The key is whether your termination violated a specific legal protection. If it did, your firing may be considered “wrongful” under Texas or federal law.
It is illegal for Texas employers to terminate someone based on a protected characteristic under federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Protected categories include:
For example, if your employer fired you shortly after you disclosed a disability or announced a pregnancy, and there is evidence linking the decision to that fact, you may have a discrimination claim.
Both Texas and federal law prohibit employers from retaliating against employees who engage in legally protected activities. This includes:
If your termination occurred soon after such an action, and you can show a causal connection, you may have grounds for a retaliation claim.
Texas courts recognize a narrow “public policy” exception to at-will employment. An employer cannot fire you for refusing to perform an illegal act or for exercising a legal right. For example:
While most Texas employees do not have written employment contracts, some, particularly executives or specialized professionals, do. If your contract specifies termination conditions and your employer fires you outside of those terms, you may sue for breach of contract.
Under the federal Family and Medical Leave Act (FMLA), eligible employees may take up to 12 weeks of unpaid leave for specific medical and family reasons without losing their jobs. If you are fired for taking approved FMLA leave, that can be grounds for a wrongful termination claim.
If you believe you were wrongfully terminated for a discriminatory or retaliatory reason, you typically must file a charge with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission – Civil Rights Division before suing. Deadlines are strict:
Missing these deadlines can permanently bar your claim, leaving you with no legal options.
You may decide to move forward with a lawsuit when:
A lawsuit can seek remedies such as back pay, reinstatement, compensatory damages, and, in some cases, punitive damages.
While the law protects employees from certain types of firings, wrongful termination claims in Texas can be challenging to win. Employers often argue legitimate, non-discriminatory reasons for termination, such as poor performance or restructuring. The burden is on you to prove that the stated reason is false and that the real reason was unlawful.
This is why strong evidence, such as emails, witness statements, performance records, and timelines, is imperative to building your case.
In Texas, not every unfair firing is illegal. However, if your termination violated anti-discrimination laws, retaliation protections, contract terms, or public policy, you may have grounds for legal action. Taking prompt action, gathering evidence, and consulting an attorney can make the difference between a dismissed case and a successful claim.
If you believe you were wrongfully terminated, do not wait—your time to act is limited. Call The Galo Law Firm at 210-764-6135 or contact us online to speak with an experienced Texas employment lawyer today.