What is Wrongful Termination?

I get a lot of calls from people who think they were wrongfully terminated. It’s a buzzword that gets thrown around, but the truth is, it’s a lot more complicated than most people think. The concept of “wrongful termination” seems straightforward — getting fired for no good reason.   

Texas employers can actually fire you for any reason they want, including they just don’t like you.  Employers, however, can’t fire you for an illegal reason. Confusing, right? So, let’s break it down. 

At-Will Employment 

First, most employment relationships in Texas are what’s called “at-will.” What this means is that your employer can fire you for almost any reason—or for no reason at all—as long as it’s not an illegal one. And yes, it works both ways. You can also quit your job whenever you want. You don’t owe your boss a two-week notice, although it’s considered professional courtesy to give one. 

Now, here’s where people start to get confused. You might think that if you got fired for a reason that feels unfair or ridiculous, you’ve got a wrongful termination case on your hands. Not quite. Just because a firing feels unjust doesn’t necessarily make it unlawful. For it to be wrongful termination, your employer has to violate specific legal protections. 

Illegal Reasons for Firing Someone 

There are certain situations where firing an employee crosses the line into wrongful termination. Here are some of the main categories that apply: 

Discrimination 

One of the clearest forms of wrongful termination is when an employee is fired based on a protected characteristic, like race, gender, religion, age, disability, or national origin. These protections are outlined in federal laws like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). There are also state laws in Texas that protect employees from discrimination like the Texas Commission on Human Rights Act (TCHRA). 

For example, if you’re fired because you’re pregnant or over the age of 40, that could be considered wrongful termination because pregnancy and age (over 40) are protected characteristics. Similarly, you cannot be fired based on political beliefs or political involvement. Employers are not allowed to use these traits as a basis for firing someone. If they do, that’s illegal. A skilled and knowledgeable attorney can help you understand your rights and whether your firing was wrongful under Texas law. 

Retaliation 

Retaliation is another big no-no for Texas employers. If you engage in a legally protected activity, like reporting workplace harassment or filing a workers’ compensation claim, your employer can’t fire you in retaliation for doing so. 

This is something you see more often than you’d think. An employee speaks up about something illegal or unethical happening at work, and all of a sudden, they’re out of a job. But firing someone for calling out bad behavior or asserting their legal rights is a form of retaliation, and that’s wrongful termination.  

Whistleblower Protections 

Whistleblower protections overlap with retaliation claims, but they’re worth calling out on their own. If you report your employer’s illegal activities—whether to internal HR or to a government agency—you can’t be fired for being a whistleblower. 

This is important in cases involving corporate fraud or safety violations. There are state and federal laws that protect employees who blow the whistle on their boss’s illegal practices.  So, if you’re fired for this reason, it’s usually considered wrongful termination. 

Breach of Contract 

Sometimes, an employee is protected by a contract that outlines the specific reasons they can be fired. If an employer breaks that contract by firing someone without meeting the outlined conditions, that can be wrongful termination. 

This one can get pretty technical because it depends on the specific terms of the contract. It’s common for executives, managers, or specialized professionals to have employment contracts, but the vast majority of employees don’t have these agreements in place. If you do have one, and you’re fired without cause in a way that violates the contract’s terms, you could be a victim of unlawful termination and should consult a legal professional, like the attorneys at CLG, to help you navigate the process. 

Public Policy Violations 

Here’s another reason: if you’re fired for refusing to do something illegal, or for exercising a legal right (like voting or serving on a jury), that can be a wrongful termination under the public policy doctrine. 

Let’s say your boss asks you to commit fraud or lie about something illegal, and you refuse. If you get fired because you wouldn’t do something against the law, you may have grounds for a wrongful termination claim. Similarly, if your boss fires you because you took time off to serve on a jury, that’s also illegal under public policy. 

Other Unlawful Reasons 

There are several situations other than the ones already discussed where a firing can be considered unlawful. Employers cannot fire someone for: 

• Taking leave for certain family or medical reasons like birth of a child or recovering after surgery; 

• Complaining about overtime, wages, labor law violations, discrimination, or harassment; 

• Exercising their right to workers’ compensation benefits; 

• Refusing to work in unsafe or hazardous conditions. 

• Similarly, if an employee quits because their employer has created intolerable working conditions, they may have grounds for a wrongful termination claim, even though they technically left on their own. 

If you believe you have been fired for any of the reasons above, we strongly suggest that you consult our experienced and knowledgeable counsel to help you get compensation. 

What About Layoffs or Reductions in Force (RIF)? 

People often ask whether layoffs count as wrongful termination. In most cases, the answer is no. Companies are allowed to restructure or downsize for financial reasons. However, even in a layoff situation, employers can’t use discrimination or retaliation as a hidden reason for letting people go. For example, if your company lays off all the women in a department but keeps the men, that could be a red flag. 

Another tricky issue is when an employer selectively chooses people for layoffs based on their age or another protected characteristic. If older workers are being targeted disproportionately in layoffs, it might give rise to an age discrimination claim under the ADEA. 

How Do You Prove Wrongful Termination? 

Let’s say you believe you were wrongfully terminated. What next? Well, proving wrongful termination isn’t always easy. You’ll need evidence that shows your employer’s real reason for firing you was illegal, even if they gave you a different reason on paper. 

For example, if you suspect you were fired because of discrimination, you might need to show a pattern of discriminatory behavior in the workplace. Maybe your boss has made inappropriate comments, or other employees in your same position who aren’t part of a protected class were treated differently. It’s all about gathering the right kind of evidence to support your claim. 

In retaliation cases, timing is often key. If you reported a safety violation, and a week later you were fired for vague reasons, that’s suspicious. The timing can help build your case. 

What Damages Can You Get? 

If you’re successful in proving wrongful termination, the damages you might recover include back pay, lost benefits, and sometimes compensation for emotional distress. In some cases, the court might also award punitive damages, which are meant to punish the employer for particularly egregious conduct. 

You may also get your job back, but honestly, most people don’t want to return to a workplace where they were wrongfully fired. Usually, the focus is on financial compensation. 

Both the damages and evidence needed to prove wrongful termination depend on your unique situation, which is why it’s important to be prepared with the right legal team on your side. 

At Carter Law Group, we stand up for employees who have been wrongfully terminated. With extensive experience in handling cases of discrimination, retaliation, and other forms of wrongful termination, we are committed to fighting for your rights in the workplace. 

Call us to schedule your consultation at (214) 390-4173 or fill out our questionnaire. 

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