Several laws exist in Texas covering when employers have the ability to terminate one of their employees and when they are not. For example, employers can’t let go of an employee because he or she is a particular race or because he or she was born in another country. When a breach of employment contracts occurs or other employment laws are disobeyed, employers may find themselves involved in a legal situation.
At-will Employment Law in Texas
Like in many other states, employers in Texas are expected to abide by at-will employment laws. Under these laws, employers have the legal right to fire an employee for any reason they see fit or for no reason at all. Despite the existence of these laws, exceptions still apply to termination situations that limit an employer’s ability to fire an employee under certain circumstances.
Wrongful Termination in Texas
Due to at-will employment laws in Texas, even though they allow employers to terminate employees as they see fit, employers can still find themselves on the receiving end of lawsuits if they are unaware of exceptions to laws. If an employee makes an employment claim against his or her employer, he or she may have the right to receive compensation for front pay, back pay and punitive damages. In some cases, the employee may also regain his or her position.
Breach of Contract: While terminating an employee, employers must adhere to any stipulations outlined in a contract that is in place, negating their ability to fire an employee for any reason or no reason at all. Employers should remember this refers to cases where a written or an oral contract has been established. Additionally, employers must be wary of cases where an implied stipulation exists. For example, if a contract outlines certain actions that could put an employee at risk of being fired, this implies no other actions exist that could legally allow the employer to terminate an employee.
Discrimination: In Texas, employers are not allowed to terminate an employee because of a disability. Additionally, employers can’t fire an employee when matters regarding compensation or the terms of employment develop. However, these antidiscrimination laws only apply to employers with 15 or more employees and to all state and local government authorities. On a federal level, employers don’t have the ability to terminate an employee on the basis of national origin, race, ethnicity, age, religion, color, pregnancy, genetic information or citizenship status.
Retaliation: Employers cannot terminate or retaliate against an employee in any way when he or she opposes discrimination in the workplace, participates in a discrimination proceeding or submits a complaint of distraction. This law also only applies to employers with 15 or more employees, and state and governmental agencies, regardless of how many employees they have. Protected activities that fall under the state’s anti-retaliation laws include assisting with discrimination complaints involving age, sex, race, disability, color or national origin.
Public Policy: Employers in Texas cannot terminate an employee because he or she exercised his or her rights under an existing public policy. For example, if an employee has to take time off of work to serve on a jury, his or her employer can’t legally move forward with the termination process. Other public policies that protect employees involve those regarding maternity leave, family and medical emergencies and military leave.
The state of Texas also has certain policies in place that protect specific types of employees. For instance, a physician who decides to report another physician to the State Board of Medical Examiners has the right to do so without the threat of termination.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.