Although still used to describe a range of questionable employee firings, wrongful termination does not have the broad legal meaning many people believe it has. It is crucial to understand that Texas is an employment at will state. You can be fired from a job for many reasons — or even "no reason" — and still not have a wrongful termination case.
Employment discrimination against any member of a protected class is illegal. However, employers have extensive leeway in hiring and firing, so long as they do not violate laws against discrimination.
Under some circumstances, however, "whistleblowers" and other people who are not members of protected classes can file wrongful termination actions and lawsuits. Some of these situations, often involving protected activity and retaliatory discharge, are:
- When promises about your future employment have been made and broken
- When defamation or fraud plays a role in your termination
- When you are fired for questioning, exposing or reporting illegal activities occurring at or within the company, such as accounting problems or failure to disclose product safety issues
- When your employer retaliates against you for something you have done that is protected by law — like filing a workers' compensation claim or reporting sexual harassment.
Lawyers Who Respect Your Goals and Decisions
We are not in practice to generate legal cases. Our concern is to give solid, practical advice that will help you move on in your life and career. In fact, we warn anyone considering employment litigation that a long legal process will make it difficult to move on emotionally from the firing. You must consider questions, such as:
How long do you believe it will take you to find a comparable position with another company?
Is it unlikely, because of your age, market conditions or other factors, that you will be able to secure a job in your field that pays you comparably?
Beyond the loss of a paycheck, what problems have resulted from your termination or other adverse action?
Sometimes the right choice for you is just to move on from your old company and the entire situation as best you can. Our attorneys recognize this and will share their experience to help you make the best decision possible about whether to pursue your case.