When an employee in Texas is terminated from employment, they understandably wonder if they may have been “wrongfully terminated” by their employer. Employers have a lot of freedom in deciding who to hire and fire and under what circumstances they choose to do so. But that discretion is not unlimited. Certain types of terminations are wrongful terminations because the state or federal legislature has passed a statute specifically prohibiting employers from firing an employer for a particular reason.

But how can you tell if your termination is an illegal, wrongful termination? Let’s explore this issue more.

At-Will Employment and Its Limitations

To assess whether or not an employee may have been “wrongfully terminated”, the analysis begins with the legal concept known in Texas as “employment at will”.

“At will” employment is extremely common. It is the default type of employment in Texas. At-will employers don't need to have a good reason for an at-will termination. Let me say that again because it’s important. In 49 of the 50 states of the U.S., and employer can fire an employee for almost any reason: a good reason, a bad reason, an totally unfair reason. We get calls all the time from people who have been treated terribly and fired for some really awful reasons. But most of the time, those reasons are not illegal.

So what is an illegal reason for an employer to fire an employee? I’m glad you asked.

If an employer fires someone because of his or her protected traits (race, age, disability, gender, religion, etc), or in retaliation for protected conduct, or in breach of a contract, then the termination is illegal and not subject to the "at will" doctrine. Additionally, an employer can't fire an employee in retaliation for reporting certain types of illegal activity or for refusing to engage in certain types of illegal conduct or for reporting Medicare or Medicaid fraud.

One of the most widely known forms of wrongful termination is terminating an employee based on discriminatory grounds (race, sex, religion, disability, religion, pregnancy, or age) instead of their performance. These terminations are illegal under state and federal law.

Employees who have been fired or penalized for a discriminatory reason likely need to file a charge of discrimination with the Equal Employment Opportunity Commission to preserve their claim. Employees who have been wrongfully terminated for discriminatory reasons should act quickly. Generally, claims are subject to strict time limits and must be made before further legal action can be taken. (Read More: “File An EEOC Charge ASAP Or Risk Losing Your Case”)

Retaliation

Employers can't fire employees for engaging in certain protected activities. The most common protected activities include reporting harassment or discrimination internally at their company, filing a complaint with the EEOC, or taking permitted medical leave under the FMLA. Additionally, many "whistleblower" statutes protect employees who report illegal or harmful activities, such as violations of environmental regulations or safety laws.

Termination in Violation of Employment Agreements

An employer who fires workers in violation of the terms of their employment contract may be engaging in wrongful termination. Written contracts or other statements that promise workers job security, regular advancement or specific termination procedures, provide evidence that employment is not at will. Usually these contracts are for a fixed term of time and spell out the specific reasons (sometimes called “causes”) for which the employee may be terminated.

If You've Been Wrongfully Terminated

If you believe you've been wrongfully terminated, you may be entitled back pay, reinstatement, compensatory damages, and other relief. Since the definition of wrongful termination varies a great deal depending on the facts of the situation, you should contact a wrongful termination attorney in your area if you believe you have been wrongfully terminated. An attorney can help you understand the laws in your specially local as well as what options may be available to you.