Texas is considered an “at-will” employment state, meaning an employer can terminate an employee for any reason – no matter how trivial or irrational – or for no reason at all. Termination can happen at any time during an employee’s employment and for any legitimate purpose, which makes proving wrongful termination difficult. There are some exceptions that protect employees, including discriminating against or terminating an employee based on their national origin, gender, race, color, religion, disability, age, marital status, pregnancy, or citizenship status. It is important to understand what wrongful termination is in Texas as well as what is not considered wrongful termination under state and federal law. Here are some of the most important things you need to know about wrongful termination:
Many employees feel their termination from a job was unfair, irrational, or was done out of “nowhere.” Employers in Texas have the right to fire an employee for any reason. While there are a variety of exceptions to this rule, a termination is most often perfectly legal and wrongful termination does not apply.
If there is a written employment contract that promises an employee a job or job security, they are not considered an at-will employee in Texas. Implied employment contracts based on defined statements written in an employee handbook by an employer can also protect an employee from at-will termination. For example, if a company’s employee handbook states that employees can only be fired for “good cause, ” that may be considered an implied contract. If an employee is fired without good cause, they may be able to bring a legal claim for breach of contract in this situation.
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A public employee in Texas can sue for wrongful termination if they have been fired specifically for refusing to perform an illegal act. An “illegal act” is any action that would create criminal liability under state or federal law. This protection is not provided to employees of private companies.
Texas employers may not terminate an employee for filing a workers’ compensation claim. If an employee was terminated and believes the reason was their workers’ comp claim, they will have to show that they would not have been terminated if they had not made that claim for wrongful termination to apply.
Employers are not allowed to fire an employee who, in good faith, has reported any safety violations to the Occupational Safety and Health Administration (OSHA).
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Federal and state laws give employees the legal right to take time off from work in certain protected situations. Employers may not fire or discipline workers for exercising these rights. In Texas, this specifically includes taking time off for:
There are multiple state and federal laws governing how employers can handle their workers’ wages and hours. Employers are prohibited from firing employees in retaliation for exercising their rights under these laws. For example, if an employee works more than 40 hours per week, federal law requires their employer to pay them overtime. An employee cannot be terminated for asking for their rightfully owed overtime pay.
Wrongful termination claims in Texas depend on many factors, including whether any of the above exceptions apply to the termination. If an employer’s motivation for firing an employee is unlawful, the employee may be able to bring a wrongful termination claim even if their employment is considered at-will. Wrongful termination is a confusing area of employment law that is difficult to navigate on your own. An experienced Houston wrongful termination lawyer can determine if your termination was wrongful and if there is a legal basis for you to file a claim. The employment attorneys at & can also help an employer defend itself against a claim of wrongful termination.At Law Offices of Katrina Patrick, we offer our clients a wealth of legal experience combined with the care and attention needed given the circumstances. We handle employment litigation (discrimination based on, among other things, race, age, disability, national origin, religion or gender including but not limited to pregnancy and sexual harassment), premise liability (injury on property), sexual assault (unwanted touching by another) and wrongful death matters throughout Texas and beyond. What distinguishes us from many other law firms is the following:
Former Houston Methodist Employees Sue Hospital For Wrongful Termination Over Covid Vaccine Mandate
Unlike mega law firms with hundreds of attorneys, we personally and promptly handle the legal work for our clients. We feel that our clients deserve the best and that those needs are best served by experienced attorneys who will handle the matter from beginning to final resolution.
We primarily handle employment discrimination, premise liability, sexual assault and wrongful death matters. Therefore, our experience and focus are on those specialized areas.
We have the depth and breadth of expertise in representing both employers and employees in employment disputes. This affords us the unique perspective of understanding the strategy that will likely be used by the employer's attorney. It also gives us the advantage of being able to evaluate an employment dispute from the perspective of both the employer and the employee.
Understanding Wrongful Termination In Texas
We have experience in almost every facet of employment law, including but not limited to representing clients in court and before administrative agencies with respect to claims of gender (including pregnancy and sexual harassment), religion, age, disability and race discrimination, wage violations, wrongful firing, retaliation, and various common law causes of action such as fraud, employee theft, negligent hiring, retention and supervision of management and/or employees, breach of contract, assault, battery, intentional infliction of emotional distress, defamation, breach of a covenant not to compete, breach of fiduciary duty, business disparagement, tortious interference with contract, and trespass to real property, among others.
Because we have a small and specialized boutique litigation firm, we offer our clients unparalleled personal service and attention. Our clients do not represent a client number among hundreds of others, but a top priority! Let us offer you competence, compassion and commitment........yielding RESULTS.
Contact us today for legal advice and consultation. However please note that there is no attorney-client relationship until a written contract is executed by both attorney and client.
Wrongful Termination Lawyer Houston
Employment discrimination cases are, by design, complexbecause of the emotional and physicalinvestment that workers have made on behalf ofthe employer all in the name of earning an honest living. Based thereon, below are a few tips that may assist the worker in his or her claims:
Unlike mega law firms with hundreds of attorneys, we personally and promptly handle the legal work for our clients. We feel that our clients deserve the best and that those needs are best served by experienced attorneys who will handle the matter from beginning to final resolution.
We primarily handle employment discrimination, premise liability, sexual assault and wrongful death matters. Therefore, our experience and focus are on those specialized areas.
We have the depth and breadth of expertise in representing both employers and employees in employment disputes. This affords us the unique perspective of understanding the strategy that will likely be used by the employer's attorney. It also gives us the advantage of being able to evaluate an employment dispute from the perspective of both the employer and the employee.
Understanding Wrongful Termination In Texas
We have experience in almost every facet of employment law, including but not limited to representing clients in court and before administrative agencies with respect to claims of gender (including pregnancy and sexual harassment), religion, age, disability and race discrimination, wage violations, wrongful firing, retaliation, and various common law causes of action such as fraud, employee theft, negligent hiring, retention and supervision of management and/or employees, breach of contract, assault, battery, intentional infliction of emotional distress, defamation, breach of a covenant not to compete, breach of fiduciary duty, business disparagement, tortious interference with contract, and trespass to real property, among others.
Because we have a small and specialized boutique litigation firm, we offer our clients unparalleled personal service and attention. Our clients do not represent a client number among hundreds of others, but a top priority! Let us offer you competence, compassion and commitment........yielding RESULTS.
Contact us today for legal advice and consultation. However please note that there is no attorney-client relationship until a written contract is executed by both attorney and client.
Wrongful Termination Lawyer Houston
Employment discrimination cases are, by design, complexbecause of the emotional and physicalinvestment that workers have made on behalf ofthe employer all in the name of earning an honest living. Based thereon, below are a few tips that may assist the worker in his or her claims:
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