How to File a Wrongful Termination Claim in Texas

Filing a Wrongful Termination Claim in Texas

Texas is an “at-will” employment state, meaning employers can terminate employees for almost any reason—or no reason at all. However, terminations based on unlawful motives or in violation of employment contracts are considered wrongful termination and may entitle you to compensation or reinstatement. Here's how to take action if you believe you were wrongfully terminated:

---

1. Gather Documentation

Collect all relevant documents and evidence to support your claim:

• Termination Letter or Email: Any written communication regarding your dismissal.
• Employment Contract or Offer Letter: Especially if it contains terms related to termination or job security.
• Performance Reviews: Particularly those that contradict the stated reason for your termination.
• Internal Communications: Emails, texts, or memos that suggest a discriminatory or retaliatory motive.
• Witness Statements: Coworkers or supervisors who can testify to what occurred.

---

2. Request a Written Reason for Termination

While not legally required, you can request a written explanation from your employer stating why you were terminated. This document may clarify the employer's reasoning or expose inconsistencies.

---

3. Identify the Legal Basis for Your Claim

Your next steps depend on why you believe your termination was unlawful:

• Discrimination or Retaliation: If you suspect you were fired due to race, gender, age, disability, religion, national origin, or for reporting harassment or unsafe conditions, you may file a complaint with:

  • The Texas Workforce Commission Civil Rights Division (TWC-CRD), or
  • The Equal Employment Opportunity Commission (EEOC)
  • For more on recognizing workplace discrimination, see our dedicated guide.

• Breach of Contract: If your employer violated an explicit contract, you may need to pursue a civil lawsuit in court.

• Violation of Public Policy: This includes being terminated for refusing to commit illegal acts or for exercising legal rights (e.g., jury duty, military leave, whistleblowing).

---

4. Comply with Legal Deadlines

Timeliness is critical. Here are the standard deadlines:

• TWC-CRD: File within 180 days of the termination date.
• EEOC: File within 300 days of the termination date.
• Civil Lawsuits: Most wrongful termination lawsuits in Texas must be filed within 2 years, but this may vary depending on your claim.

---

5. Speak with an Employment Attorney

Although you are not legally required to hire an attorney, doing so can greatly improve your chances of success. An employment lawyer can:

• Assess the strength of your case
• Help you meet all deadlines
• Negotiate a settlement
• Represent you in hearings or litigation
• Consult a Texas employment attorney

---

Frequently Asked Questions

Do I need a lawyer to file a claim?

No, but working with an experienced employment attorney can help you gather strong evidence, meet legal deadlines, and maximize your chances of a successful outcome.

What if my claim is denied?

If your claim is denied, you may have the option to file an appeal or pursue a civil lawsuit against your employer in state or federal court, depending on the nature of the claim.

---

For help filing a wrongful termination claim in Texas, contact us or call (888) 970-8627 to speak with an experienced employment law attorney.