Texas Employment Law Termination

Texas is considered an “arbitrary” employment state, meaning that an employer can fire an employee for any reason — no matter how trivial or irrational — or no reason at all. Termination can occur at any time during an employee`s employment and for any legitimate purpose, making it difficult to prove wrongful termination. There are certain exceptions that protect employees, including discrimination or termination of an employee because of their national origin, sex, race, colour, religion, disability, age, marital status, pregnancy or citizenship status. It is important to understand what wrongful termination is in Texas and what is not considered wrongful termination under federal and state law. Here are some of the most important things you need to know about wrongful termination: It is recommended that you provide the employee with a written termination letter and include a copy of the letter in the employee`s personnel file. Because each situation is unique, a sample letter is not included in the staff library. Questions about the contents of the letter should be directed to the local lawyer. How can we be sued for discrimination if we have a “material reason” for dismissal? To have a case of unlawful dismissal based on prima facie reprisal, an employee must (1) engage in a protected activity; (2) have suffered an adverse employment measure (i.e. termination); and (3) establish a causal link between the protected activity and its cessation. As in cases of discrimination, the employer can defend the dismissal with a legitimate reason for the act, and the employee must respond by proving that such a reason is a pretext and that reprisals were indeed the reason for his dismissal.

It is important to note that in Texas, there is a statute of limitations for wrongful termination or a period of time during which the person must file their claim. For most claims, the limitation period is 180 days from the date of termination of the employee`s employment. In some cases, the time limit is extended to 300 days. Various resources are available to help manage employee performance and separations, including the recently published Administrator`s Guide to Employee Performance Management and resources in the Human Resources Library under Employee Performance and Termination. If you believe you were wrongly fired, you may be able to sue your employer and receive damages. It is often difficult to identify or prove what actions and motivations led to an unlawful dismissal. For this reason, it`s often worth getting a free consultation with a Texas labor attorney to determine whether your claim is valid or not. During your meeting, your lawyer will help you decide if your case is worth pursuing. You must assert unlawful termination claims within the statute of limitations. A statute of limitations is the time a plaintiff has to file a lawsuit after suffering damage.

Limitation periods often depend on the nature of the claim. If you had an employment contract with your employer, it can affect your schedule. In almost all cases, the limitation period begins on the day of termination. The dismissal of the employee may be carried out at any time and for any legitimate purpose. For this reason, it can be difficult to prove wrongful dismissal. The protected features for employees are under federal law, so they also apply in Texas. Sometimes a termination is illegal if the employee has been terminated because they speak a language other than English at work. The exception is when speaking English is required for the operation of the business.

Another exception is if the employer has informed employees that they must speak English. In this case, they must communicate the consequences of the non-compliance. Typically, the state`s fair employment practice agencies will register the individual`s complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate these allegations. The investigation may lead to a recourse for the employee, for example by asking the employer to change its hiring and firing policies. If the outcome is insufficient to solve the problem, the EEOC grants the individual a right of action. Yes. However, a lawsuit in court is usually not the first step. It depends on the circumstances of the alleged wrongful termination.

First, you may first need to file an administrative complaint with a government agency. If the employer`s reason for dismissal was illegal, the employee may claim an unlawful dismissal.