What is considered Wrongful Termination in Texas?

Get to know What is considered Wrongful Termination in Texas.

For instance, it would be against the law for an employer to dismiss an employee based on factors such as race, religion, age, disability, or retaliation.

Additional instances could involve firing an employee due to revealing a pregnancy or making a complaint about workplace safety.

An image illustration of What is considered Wrongful Termination in Texas
What is considered Wrongful Termination in Texas
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Fired With or Without Cause

Firing without cause involves letting go without specific reasons, often due to factors like downsizing or cost-cutting.

Conversely, firing with cause results from serious contract breaches.

What is considered Wrongful Termination in Texas?

Employers in Texas can terminate at-will employees without providing a reason, as there is no legal requirement for an explanation.

Contracts may require explanations, but businesses often voluntarily explain to avoid legal issues or protect their reputation.

Legal Impact of Explanation

While not required by law in Texas, explaining termination can influence legal claims.

Firing without cause may raise suspicions, potentially leading to investigations and legal action.

Providing a justified reason shifts the burden to the employee to challenge the explanation for a wrongful termination claim.

Employer’s Strategy

Many employers, even when not legally obliged, choose to explain terminations to avoid negative perceptions, legal challenges, or damage to their reputation.

Offering a clear reason can be a strategic move to preemptively address potential wrongful termination claims.

Understanding Wrongful Termination in Texas

Various reasons can result in unjustifiable job loss, putting any dedicated employee at risk of unexpected termination.

Despite the employment-at-will policy, some employers incorrectly believe they have unrestricted authority to terminate employees for any reason.

However, both state and federal laws make it clear that terminating an employee for an illegal cause is prohibited and can result in legal consequences.

An image illustration of Wrongful Termination in Texas
Wrongful Termination in Texas
Source: (globalnews)

Discrimination-Related Wrongful Termination

Identifying the protected class and the type of discrimination is crucial if an employer dismisses an employee based on discriminatory reasons.

Common forms include race, national origin, religion, sexual orientation, gender, and disability.

Other Wrongful Termination Cases in Texas:

  • Retaliation for whistleblowing or workplace complaints
  • Political beliefs or involvement
  • Denial of legally entitled time off (e.g., FMLA)
  • Violation of WARN Act regarding mass layoffs notice
  • Dismissal for refusal to participate in illegal activities
  • Firing after filing a workers’ compensation claim

What is considered Wrongful Termination in Texas? Conclusion

1. What is considered wrongful termination in Texas?

Employers commit wrongful termination in Texas by unfairly firing someone based on factors like race, religion, gender, or other legal issues.

2. Is firing someone for whistleblowing wrong in Texas?

Yes, it’s wrong to fire someone in Texas for whistleblowing. If they report something wrong, it can’t lead to firing.

3. What else is wrongful termination in Texas?

Apart from discrimination and whistleblowing, it’s also wrong to fire for political beliefs, deny legal leave, WARN Act violations, or refuse illegal activities.

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