How to File a Wrongful Termination Claim in Texas

Understanding Wrongful Termination in Texas

Texas is an "at-will" employment state, meaning employers can generally terminate employees for any reason or no reason at all. However, this doesn't mean employers have unlimited power. Certain terminations violate Texas and federal employment laws, making them illegal wrongful terminations.

What Makes a Termination "Wrongful" in Texas?

Your termination may be wrongful if you were fired for:

Discrimination based on protected characteristics (race, gender, age, disability, religion, national origin, pregnancy)
Retaliation for filing complaints, reporting violations, or exercising legal rights
Breach of contract when you have an employment agreement
Violation of public policy (refusing illegal acts, jury duty, military service, whistleblowing)
Family and Medical Leave Act (FMLA) violations

Related employment issues often occur together. If you're facing wrongful termination, you may also want to understand your rights regarding workplace discrimination and workplace harassment.

Step-by-Step Process to File Your Claim

1. Document Everything Immediately

Start gathering evidence as soon as possible after your termination. Strong documentation is crucial for a successful wrongful termination claim in Texas.

Essential Documents to Collect:

Termination Letter or Email - Any written communication about your dismissal
Employment Contract or Offer Letter - Especially terms about job security or termination procedures
Performance Reviews - Particularly recent positive reviews that contradict termination reasons
Internal Communications - Emails, texts, or memos suggesting discriminatory or retaliatory motives
Personnel File - Request a complete copy from HR
Pay Stubs and Benefits Records - To calculate damages
Company Policies - Employee handbook, disciplinary procedures, anti-discrimination policies
Medical Records - If termination relates to disability or medical leave

Additional Evidence to Preserve:

Witness Contact Information - Coworkers who witnessed discriminatory behavior
Timeline of Events - Detailed record of incidents leading to termination
Photos or Screenshots - Any relevant visual evidence
Recording Transcripts - If legal in your situation (Texas is a one-party consent state for recordings)

2. Request Written Termination Documentation

While Texas employers aren't legally required to provide termination reasons, requesting written documentation can strengthen your case.

What to Request:

Termination Letter - Official reason for dismissal
Final Performance Review - If cited as grounds for termination
Disciplinary Records - Any warnings or corrective actions
Exit Interview Notes - If conducted

Why This Matters:

Creates an official record of employer's stated reasons
May reveal inconsistencies in their explanation
Shows you followed proper procedures
Useful evidence if employer changes their story later

How to Request:

Send a formal written request to HR
Keep copies of all correspondence
Follow up if they don't respond within reasonable time
Document any refusal to provide information

3. Determine Your Legal Grounds and Filing Options

The type of wrongful termination determines where and how you file your claim. Texas workers have several legal avenues depending on their situation.

Federal Discrimination Claims (EEOC Filing Required)

File with the Equal Employment Opportunity Commission (EEOC) for terminations based on:

Race, color, national origin, religion
Sex (including pregnancy, gender identity, sexual orientation)
Age (40 and older)
Disability
Genetic information
Retaliation for filing EEOC complaints

Texas State Claims (TWC Filing)

File with Texas Workforce Commission Civil Rights Division (TWC-CRD) for:

All federal discrimination grounds (can dual-file)
State-specific protections
Retaliation claims
Some harassment cases

Direct Lawsuit Options

File directly in court for:

Breach of Employment Contract - Written agreements, implied contracts
Public Policy Violations - Jury duty, military service, whistleblowing
Family and Medical Leave Act (FMLA) - Federal court required
Fair Labor Standards Act (FLSA) - Wage and hour retaliation

Which Agency Covers Small Employers?

EEOC: Covers employers with 15+ employees (20+ for age discrimination)
TWC-CRD: May have different thresholds for state claims
Direct Lawsuits: May have no minimum employee threshold

For help understanding workplace discrimination patterns, see our comprehensive guide.

4. Critical Filing Deadlines - Act Fast

Missing these deadlines can permanently bar your claim. Different types of wrongful termination have different time limits in Texas.

Federal Agency Deadlines:

EEOC Discrimination Claims: 180 days (extends to 300 days if dual-filing with state)
Department of Labor (FMLA): 2 years from violation (3 years if willful)
OSHA Retaliation: 30 days for safety complaints

Texas State Agency Deadlines:

TWC Civil Rights Division: 180 days from termination
Texas Payday Law Claims: 180 days for unpaid wages

Direct Lawsuit Deadlines:

Contract Breach: 4 years for written contracts, 2 years for oral
Public Policy Violations: 2 years from termination
Personal Injury/Defamation: 2 years
FLSA Wage Claims: 2 years (3 years if willful violation)

Important Notes:

Deadlines typically start from your last day of work
Some deadlines may be extended for continuing violations
Filing with an agency may preserve your right to sue later
Dual-filing with EEOC and TWC can extend some deadlines

What if You Miss a Deadline?

Some exceptions exist for discovery of hidden violations
Employer misconduct may extend deadlines
Continuing violation doctrine may apply
Consult an attorney immediately if deadline passed

5. Consult with a Texas Employment Attorney

While you can file claims yourself, experienced legal representation significantly improves your chances of success and maximum compensation.

How an Attorney Helps Your Case:

Case Evaluation - Assess strength of your claims and potential damages
Strategy Development - Choose the best legal approach and forum
Evidence Gathering - Identify crucial documents and witnesses
Deadline Management - Ensure all filings meet critical time limits
Settlement Negotiation - Maximize compensation through skilled negotiation
Court Representation - Handle complex litigation procedures
Fee Recovery - Many employment laws allow attorney fee recovery

When Attorney Representation Is Essential:

Complex cases involving multiple legal theories
High-value claims with significant damages
Employer has sophisticated legal representation
Cases requiring expert witnesses or discovery
Federal court litigation
Class action potential

Cost Considerations:

Many employment attorneys work on contingency fees (no upfront cost)
Some laws allow attorney fee shifting (employer pays if you win)
Initial consultations often free
Cost of not having attorney often exceeds legal fees

What to Bring to Your Consultation:

All termination-related documents
Employment history and personnel files
Timeline of discriminatory incidents
Witness contact information
Questions about your legal options

Understanding Potential Damages and Remedies

Economic Damages:

Lost Wages - Back pay from termination to resolution
Front Pay - Future lost earnings if reinstatement impossible
Lost Benefits - Health insurance, retirement contributions, stock options
Job Search Costs - Resume services, career counseling, interview expenses

Non-Economic Damages:

Emotional Distress - Mental anguish, anxiety, depression
Punitive Damages - Additional punishment for especially egregious conduct
Pain and Suffering - Where applicable under state law

Other Remedies:

Reinstatement - Getting your job back
Promotion - If wrongfully denied advancement
Policy Changes - Requiring employer to change discriminatory practices
Training Requirements - Mandating anti-discrimination education

Frequently Asked Questions

How long do I have to file a wrongful termination claim in Texas?

Deadlines vary by claim type: EEOC discrimination claims have 180-300 days, TWC claims have 180 days, contract breach claims have 2-4 years, and public policy violations have 2 years. Missing these deadlines can permanently bar your claim.

Do I need a lawyer to file a wrongful termination claim in Texas?

While not legally required, an experienced Texas employment attorney significantly improves your chances of success, helps meet critical deadlines, maximizes compensation, and many work on contingency fees with no upfront costs.

What damages can I recover in a Texas wrongful termination case?

You may recover lost wages (back and front pay), lost benefits, emotional distress damages, punitive damages, job search costs, attorney's fees, and remedies like reinstatement or promotion.

Can I be fired for any reason in Texas since it's an at-will state?

While Texas is at-will, employers cannot fire you for illegal reasons like discrimination, retaliation, contract violations, or public policy violations such as refusing illegal acts or exercising legal rights.

What should I do immediately after being wrongfully terminated in Texas?

Document everything, request written termination reasons, preserve evidence, identify witnesses, understand filing deadlines, and consult with a Texas employment attorney as soon as possible to protect your rights.

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