Wrongful Termination
A narrow Texas concept, termination of employment in violation of a specific common-law exception or statutory protection limiting the at-will rule. Texas does not recognize a generalized cause of action for wrongful discharge based on broad public-policy grounds.
In Texas, a firing is legally wrongful only when it violates a specific statute, a contract or the narrow Sabine Pilot rule, so unfairness alone does not support a claim. A state-law discrimination claim begins with a sworn complaint to the Texas Workforce Commission within 180 days of the firing under Tex. Lab. Code § 21.202.
"Wrongful termination" in Texas is a narrow concept, termination of employment in violation of a specific common-law exception or statutory protection limiting the at-will rule. Texas does not recognize a generalized cause of action for "wrongful discharge" based on broad public-policy grounds; the available causes of action are specifically defined and require careful claim selection.
- State filing deadline
- 180 days to file with the Texas Workforce Commission; 300 days for sexual harassment (Tex. Lab. Code § 21.202)
- Federal filing deadline
- Up to 300 days with the EEOC where a state agency also handles the claim (42 U.S.C. § 2000e-5(e)(1))
- Suit deadline
- 60 days after the right-to-sue notice, and no later than 2 years after the complaint (Tex. Lab. Code §§ 21.254, 21.256)
- Jury-service firing
- Reinstatement plus 1 to 5 years' pay; sue within 2 years (Tex. Civ. Prac. & Rem. Code § 122.002)
- Public whistleblower
- Grievance within 90 days, before suit (Tex. Gov't Code §§ 554.005-554.006)
Recognized causes of action
Sabine Pilot claim: termination because the employee refused to perform an act for which the employee would be personally criminally liable. Narrowly construed; the act must be criminal, not merely unethical or unwise.
Workers' compensation retaliation: termination for filing a workers' comp claim in good faith, hiring a lawyer to pursue a claim, or instituting or testifying in a workers' comp proceeding. Tex. Lab. Code § 451.001.
Anti-discrimination claims: termination based on a protected characteristic under federal or Texas anti-discrimination statutes. See Workplace Discrimination.
FMLA retaliation: termination for taking FMLA-protected leave (employers with 50+ employees).
Whistleblower claims: federal SOX, OSHA, and other statute-specific protections. The Texas Whistleblower Act covers only public employees, not private-sector workers. A public employee must invoke the employer's grievance or appeal procedure within 90 days after the violation occurred or was discovered, and must sue within 90 days, with time spent in that procedure excluded. Tex. Gov't Code §§ 554.005-554.006.
Damages
Vary by claim. Common categories: lost wages and benefits (back pay, front pay), emotional distress damages, punitive damages where authorized, attorney's fees under fee-shifting statutes.
Can you sue for getting fired in Texas?
Only if the firing fits a recognized claim. Texas employment is at will, so a lawsuit needs a statute, a contract or the Sabine Pilot exception behind it: discrimination or retaliation under Tex. Lab. Code ch. 21, retaliation for a workers' compensation claim under § 451.001, or firing for jury service under Tex. Civ. Prac. & Rem. Code § 122.001, among others. Chapter 21 claims run through a sworn complaint to the Texas Workforce Commission and a right-to-sue notice before suit ((§§ 21.201, 21.254)).
Can an employee sue for being fired for an unfair or untrue reason?
Not for unfairness alone. An at-will employer may fire for any reason or no reason, so a poor reason is not itself a claim. What matters is whether the real reason is one the law forbids, such as age, a good-faith workers' compensation claim, or jury service. In a workers' compensation retaliation case, Tex. Lab. Code § 451.002(c) places the burden of proof on the employee.
What are some examples of wrongful termination?
Texas statutes supply most of them. For an employer with 15 or more employees ((Tex. Lab. Code § 21.002(8))), firing someone because of race, color, disability, religion, sex, national origin or age violates (§ 21.051), and firing an employee for filing a workers' compensation claim in good faith, or for hiring a lawyer to pursue one, violates (§ 451.001). A private employer also may not fire a permanent employee for serving as a juror (Tex. Civ. Prac. & Rem. Code § 122.001) or penalize one for obeying a valid subpoena ((Tex. Lab. Code § 52.051)).
How hard is it to prove wrongful termination in Texas?
It depends on the claim, and the employee carries the burden. Chapter 21 discrimination claims also carry procedural deadlines that come before the merits: a sworn complaint within 180 days (300 for sexual harassment), then suit within 60 days after receiving the right-to-sue notice and no later than two years after the complaint was filed ((Tex. Lab. Code §§ 21.202, 21.254, 21.256)). The Texas Workforce Commission must dismiss an untimely complaint.
- Deadlines run from the firing: 180 days for a Chapter 21 complaint with the Texas Workforce Commission (300 for sexual harassment) (Tex. Lab. Code § 21.202), and 90 days for a public employee to start the employer's grievance process before a whistleblower suit (Tex. Gov't Code § 554.006).
- Final wages are due by the sixth day after discharge (Tex. Lab. Code § 61.014(a)). Unpaid wages have a separate 180-day wage claim deadline.
- Employees commonly gather the termination notice, pay records, and copies of any complaint, claim or subpoena that came before the firing.
- A Texas lawyer who handles employment matters can assess which statute, if any, fits the facts and which deadlines apply.
Texas's narrow approach to wrongful termination contrasts sharply with states recognizing a general public-policy exception. Many Texas employees who feel wrongly terminated have no legal cause of action because their grievance, perceived unfairness, bad management, personality conflicts, does not fit within a recognized statutory or common-law exception. Effective claim evaluation requires identifying which specific statutory protection or common-law exception applies, and whether the employee has the procedural prerequisites (EEOC charge, TWC complaint, or, for a public employee's whistleblower claim, the employer's grievance procedure) needed to proceed.
Companion article: Before Firing an Employee in Texas