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Texas Wrongful Termination

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Texas wrongful termination lawsuits allege employees have been unfairly fired from their job. Although Texas is an at-will employment state, employees are protected from firing for certain reasons. If an employer violates these rules, employees can file a Texas wrongful discharge lawsuit against their employer.

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Texas At-Will Employment

texasstateflagTexas is an at-will employment state, meaning that employees who are not covered by a written contract can be fired for no reason or any reason at all. There are exceptions, however, to the at-will doctrine. Employees cannot be fired for reasons that are discriminatory (such as being fired for their age, gender, race, disability, national origin or other legally protected characteristic). They also cannot be fired for activities that are protected by law, such as filing a workers' compensation claim, firing a discrimination claim, refusing to perform an illegal act or reporting for jury service.

If the employee has a written contract with an employer, the employee cannot be fired for reasons or in a manner that violates that contract. Sometimes, this extends to oral agreements, but in such situations the employer must have stated that the employee will only be terminated under specific circumstances. Texas does not allow for an implied contract exception to employment at will.

Some government employees may also have rights beyond those included in the at-will exceptions. Civil service laws may offer additional protections—such as the right of due process or exercising their constitutional rights—for government employees.

Texas Wrongful Termination

Employees who feel they have been wrongfully terminated from their position may be able to file a lawsuit against their employer, but the statute of limitations for filing a lawsuit depends on the type of claim being made. An attorney can help determine whether the employee is eligible to file a lawsuit.

In 2013, Norma Parra was awarded $350,000 in her wrongful termination lawsuit against the Texas Department of Family and Protective Services. According to El Paso Times (11/26/13), Parra was fired in 2008 and alleged she was fired because she filed a worker's compensation claim following an on-the-job injury.



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READER COMMENTS

Posted by
Kathye
on
I've worked for a Texas State independent school district for over 10 years as an accounts payable clerk. During this time, my husband who was a coach at the same school passed away. Through three superintendents I was regarded a professional and hard working accounts payable clerk. Upon arrival of the forth superintendent, I was immediately demoted and moved from an office to a common area - making the job harder. All others in the administrative office were given a raise. I was publically humiliated when the superintendent made comments that my position was worthless and it was known that he wanted to replace me. He has a reputation gained at previous schools as a bully. the stress related to being a widow, facing home foreclosure and working in an environment where I knew I was not appreciated took its toll. I saw a doctor for a skin ailment that had intensified. My doctor determined that my condition was stress related. I was prescribed an extended sick time. I applied to FMLA. while attempting to get FMLA status sent from my doctors office to the school admin, my house was foreclosed on AND the superintendent sent me an email and letter making baseless charges of wrong doing by me concerning accounts payable actions. He also had me reassigned while he conducted his investigation. I have no access to files and I don't trust this man to do a real investigation. I fear I will be scape goated or that there will be wrong doing or improprieties attributed to me. His letter also denied my FMLA. My initial response was to send a letter of resignation. I haven't sent it yet. I am being bullied. I am inclined to give in. But I worry that attempts to find a new job may be difficult if this man's behavior isn't corrected. I don't know if I am the one to fight this fight. I'm stressed.

Posted by
Bruce Ramos
on
I am a civil service employee who is facing termination based on information that I disclosed during a polygraph exam while trying to apply for another position. The department that was administering my polygraph exam sent my results to my supervisor who then made me decide whether I resign or fight the case in arbitration.

Posted by
Anthony Lynn Newman
on
I work for a company that is a union job. I was terminated on September 3rd 2016 for something that the company is saying happened back in July. My union is helping me trying to get my job back with the back pay that I would have made or earned if I wasn't terminated.
The company terminated me for thief using a vendor self check out machine or register like you would use at a Walmart. There are cameras all over the area facing the register. The video shows me checking out the products that I purchased and using my bank card to make the purchase just like I've done many times before. For some reason or another the transaction didn't show up on the vendors server but, It did go through on my bank statement. I have given the company and copy of my bank statement that shows all the times I have purchased any items from that vendor. I've been waiting for the arbitration hearing date which was scheduled for December. Then it was postponed for February 2nd 2017. I received a phone call from the Union Rep. Saying that the company is offering to give me my job back to me. Then I asked about my back pay that I and the Union put down in writing on the Union Grevance Form, that I was to get paid if I got my job back. The Union Rep. said that the company wasn't welling to pay me the back pay. I've worked for this company for 10yrs and I've never have been wrote up for anything like this before.
This whole time I've been off of work I haven't been able to receive unemployment benefits due to the Texas Workforce and Unemployment Agency said that it was turned down due to the reason I was terminated and the Company has told the Union that they did not challenge or deny me my unemployment benefits. But, the Texas Workforce and Unemployment agency still will not pay me my unemployment benefits.
What I understand from my Union Rep. is that the company has to prove without a doubt that I'm guilty of the theft which I didn't do. But, a week before the scheduled
Arbitration hearing I receive a phone call saying that I've got my job back but not the back pay.
Something just doesn't sound or seem right with any of it.
It just seems that if the company can't and hasn't got the evidence to prove with out a shadow of doubt that I committed this theft
Why is it they offer my job back but, not my back pay. And why was I unable to receive unemployment benefits to begin with when the company says it didn't deny or challenge my benefits in the first place.
Now I have lost my house due to not being able to pay for it. I'm late and behind on my truck payment. I'm late and behind on my Child Support Payment along on other bills. I'm living with my mom and sister because of all of this. And when I go and apply for a new job, the employer that I'm trying to get a job with finds out that I've been terminated from last job for theft. I get turned down. This is a Union Jobs therefore we have a Employee and Union Handbook. Isn't that considered a employees contract?
Please!!! I need your help with this matter.

Posted by
Lulit Mekonnen
on
I worked for Travelers Insurance for 17 years & 7 months and never have even verbal warning but in August 8, 2016 they fired me please help me or I need your professional advice.
Thank you

Posted by
earron shepherd
on
I was wrongfully cuse of theift and I was termanated

Posted by
carmelo
on
Hello .my name is carmelo perez .and i was wondering if you can help me .if we can make a case of wrongful termination by racist act and said

Posted by
Deon
on
I worked for AMERITEX GUARD service and I have a complaint that I want to make..I have worked with company for 5months..I have been trying to understand why I got fired over the phone due to incident that occurred 3months ago I have been trying to get in touch with human resource but this company is very suspicious they will not allow me to speak to human resource they just direct me to my supervisors who pretty much makes the situation worse they very unprofessional please help me...

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