Getting fired from your job is never easy. It can be confusing, emotionally draining, and financially devastating. But sometimes, it’s not just unfair—it’s illegal.
Texas is an at-will employment state, which means employers can terminate employees for nearly any reason, or no reason at all. However, there are clear exceptions. If your termination violated federal or state laws, or if it was based on a protected action or characteristic, you may have a wrongful termination claim.
Not sure whether your firing crossed the line? Here are the top 5 signs you may have been wrongfully terminated in Texas.
1. You Were Fired After Reporting Discrimination, Harassment, or Illegal Activity
If you were fired after speaking up about workplace misconduct—such as discrimination, harassment, safety violations, or illegal activity—you may have been wrongfully terminated in retaliation.
Texas and federal law protect employees who report:
- Sexual harassment
- Racial or gender discrimination
- Unsafe working conditions
- Wage violations
- Fraud or other criminal behavior by the employer
This is known as protected activity. Employers are prohibited from retaliating against employees who engage in it.
Example:
You report ongoing racial jokes made by a supervisor to HR. Two weeks later, you’re fired for “performance issues,” despite having no history of poor performance. That could be a clear sign of retaliation.
2. Your Termination Followed a Protected Leave (Such as FMLA or Military Leave)
Under the Family and Medical Leave Act (FMLA) and other federal protections, employers cannot fire you for taking qualified medical or family leave. Texas employees who take legally protected leave for personal illness, to care for a family member, or after the birth or adoption of a child are protected from retaliation or termination.
Other protected leaves include:
- Military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Jury duty leave
- Voting leave (under certain conditions)
Example:
You take approved FMLA leave to care for your sick parent. Upon returning, you’re told your position has been “eliminated,” but your employer soon hires someone else to do your job. This may indicate unlawful termination related to your leave.
3. You Were Let Go After Filing a Workers’ Compensation Claim
Filing a workers’ compensation claim in Texas is a protected right. If you’re injured on the job and file a claim, your employer cannot legally fire you in retaliation.
Unfortunately, some employers still terminate employees shortly after a claim is filed, using vague reasons like “poor fit” or “restructuring” to justify the decision. If the timing seems suspicious, or if you were treated differently after reporting the injury, you may have a claim.
Example:
You suffer a back injury at work, report it, and file for workers’ comp. A week later, you’re terminated for “attendance issues,” despite following doctor’s orders and communicating your time off. That could be wrongful termination.
4. You Were Treated Differently Than Other Employees
If you were fired while others in similar positions were not—especially if you’re part of a protected class—this may be a sign of discrimination. Federal and Texas laws protect workers from termination based on:
- Race or ethnicity
- Gender
- Age (over 40)
- Disability
- Religion
- National origin
- Pregnancy
Even if your employer offers a neutral explanation for your firing, the facts may reveal a different story—especially if the termination seems inconsistent with how other employees were treated.
Example:
You are the only woman in your department and were let go for a “policy violation,” yet male coworkers who committed the same infraction were only given a warning. This could suggest gender discrimination.
5. Your Employer Violated an Employment Contract or Company Policy
Even in an at-will state like Texas, employment contracts—whether written or implied—can limit when and how an employer can terminate you. If your termination violated the terms of a contract, you may have legal recourse.
Also, if your company has clear disciplinary procedures (e.g., progressive discipline) and they were skipped or ignored in your case, that may be relevant—especially if your firing was arbitrary or out of line with standard practice.
Example:
Your employment contract states you can only be terminated for cause, but you’re let go without explanation and no cause is provided. That may constitute a breach of contract.
What to Do If You Suspect Wrongful Termination
If any of the signs above sound familiar, take the following steps:
- Document everything – Save emails, write down conversations, and gather any performance reviews or warnings.
- Get a copy of your personnel file, if possible.
- Avoid signing severance agreements without legal review.
- Consult a wrongful termination attorney in Dallas as soon as possible.
Texas law and federal employment regulations are complex, and there are strict time limits for filing claims. Speaking with an experienced attorney can help you understand your rights and whether your case qualifies as wrongful termination.
Final Thoughts
Being fired is hard—but being wrongfully terminated is unacceptable. If you believe your employer violated your legal rights, don’t let the matter go unchallenged.
Understanding the signs of wrongful termination is the first step. The next is taking action. We recommend wrongful termination lawyers Dallas.
