Troy Wrongful Termination Lawyer 

Losing a job unexpectedly can be stressful, especially when you believe you were fired for an unfair or unlawful reason. Although Texas generally follows “at-will” employment, employers still must follow state and federal employment laws. Workers in Troy may have legal options if they were terminated because of discrimination, retaliation, or another unlawful reason. 

At Scanes Yelverton Talbert, LLP, we help employees understand their rights after a wrongful termination. These cases can involve strict deadlines, administrative filings, and disagreements over why an employee was fired. Our legal team looks closely at the circumstances surrounding the termination and helps workers determine what options may be available. 

Understanding “At-Will” Employment and Its Exceptions 

Texas generally follows the “at-will” employment rule. This means an employer can usually terminate an employee at any time, for almost any reason or no reason, as long as the reason is not illegal. Employees are likewise generally free to leave a job at any time. 

However, at-will employment has important exceptions. Federal and Texas laws prohibit employers from terminating workers for certain unlawful reasons, including: 

Workplace Discrimination 

Federal and Texas employment laws prohibit certain forms of workplace discrimination based on protected characteristics. Depending on the applicable law, these may include: 

• Race, color, or national origin. 
• Sex, pregnancy, or sexual orientation. 
• Religion or religious beliefs. 
• Age for workers age 40 and older. 
• Physical or mental disability. 
• Genetic information. 

Unlawful Retaliation 

Employers generally cannot fire an employee for exercising certain legally protected workplace rights. Retaliation may occur after an employee: 

• Reports workplace discrimination or sexual harassment. 
• Files a workers’ compensation claim after a workplace injury (Tex. Lab. Code § 451.001). 
• Requests a reasonable accommodation for a disability or religious practice. 
• Takes protected leave under the Family and Medical Leave Act (FMLA). 
• Reports wage or overtime violations under the Fair Labor Standards Act (FLSA). 
• Participates in a workplace investigation or administrative proceeding. 

Whistleblower Protections 

Certain state and federal laws protect employees who report specific types of unlawful conduct, safety violations, fraud, or other protected activity. Depending on the circumstances and applicable law, terminating an employee for making a protected report may constitute unlawful retaliation. 

Refusal to Commit an Illegal Act 

Under the Texas Supreme Court’s decision in Sabine Pilot Service, Inc. v. Hauck, an employer generally cannot terminate an at-will employee solely because the employee refused to perform an illegal act that could result in criminal penalties. The circumstances surrounding the employee’s refusal and termination are important when determining whether this exception applies. 

Breach of Employment Contract 

Some employees work under written employment agreements or collective bargaining agreements that establish specific rules for termination. If an employer fails to follow the terms of an enforceable agreement, the employee may have a breach-of-contract claim. 

Uncovering “Pretext” in Employer Justifications 

Employers do not always admit when an unlawful reason influenced a termination. Instead, they may point to reasons such as poor performance, attendance problems, downsizing, or restructuring. In some employment cases, evidence may show that the stated reason was a “pretext” for discrimination or retaliation. 

Scanes Yelverton Talbert, LLP examines performance reviews, company communications, disciplinary records, timelines, and other evidence to determine whether the facts support the employer’s stated reason for termination. 

Key Evidence in a Wrongful Termination Claim 

Employment claims often rely on documents and communications that help show what happened before and after a termination. Important evidence may include: 

• Personnel Records and Evaluations: Performance reviews, raises, awards, and other records that show your work history and job performance. 
• Termination Documents: Termination letters, disciplinary notices, exit interview records, and severance offers. 
• Internal Communications: Emails, text messages, chat logs, or other messages that may provide important context about the reason for your termination. 
• Comparative Records: Evidence showing how other employees were treated under similar circumstances. 
• Timeline Documentation: A record of important events, including protected complaints, reports, disciplinary actions, and the termination itself. 

Remedies and Compensation Available 

The remedies available in a wrongful termination case depend on the law involved and the circumstances of the claim. Potential remedies may include: 

• Back Pay: Lost wages, benefits, and other compensation resulting from an unlawful termination. 
• Front Pay: Compensation for certain future lost earnings when reinstatement is not appropriate. 
• Compensatory Damages: In some cases, you may be able to recover for emotional distress and other losses. 
• Punitive or Liquidated Damages: Certain employment laws may allow additional damages when specific legal requirements are met. 
• Job Reinstatement: Some claims may allow an employee to seek reinstatement to a former position. 
• Attorney Fees and Court Costs: Certain employment laws allow successful employees to recover eligible legal fees and costs. 

The Administrative Filing Process and Strict Deadlines 

Some wrongful termination claims, including many involving discrimination, require employees to complete an administrative process before filing a lawsuit. Depending on the claim, this may involve filing a formal Charge of Discrimination. 

• Equal Employment Opportunity Commission (EEOC): Federal discrimination claims are subject to filing deadlines that depend on the applicable law and circumstances. 
• Texas Workforce Commission Civil Rights Division (TWC-CRD): Texas discrimination claims also have administrative filing requirements and deadlines. 
• Statutory Retaliation Deadlines: Other retaliation claims, including workers’ compensation retaliation, may follow different procedures and deadlines. 

Because employment claims can involve different filing periods, waiting too long may affect your ability to pursue a claim. Speaking with an employment attorney soon after a termination can help you understand which deadlines may apply. 

Steps to Take Immediately After Being Wrongfully Fired 

If you believe your termination may have been unlawful, taking a few practical steps can help preserve important information: 

1. Request Written Reasons for Termination: Ask HR or your supervisor for documentation explaining the reason for your termination and request records you are legally entitled to receive. 
2. Maintain Personal Records: Make sure you have legal copies of any pertinent performance reports, offer letters, schedules, emails, texts, and other work-related papers. 
3. Exercise Caution on Social Media: Refrain from publicly sharing information regarding your termination, previous job, or possible legal suit. 
4. Document Your Job Search: Keep records of job applications, interviews, and other efforts to find comparable employment. 
5. Consult an Employment Lawyer: Consider having an attorney review severance agreements, releases, or other employment documents before signing them. 

Why Choose Scanes Yelverton Talbert, LLP? 

Employment disputes can involve complicated state and federal laws, extensive documentation, and well-resourced employers. Scanes Yelverton Talbert, LLP provides legal guidance to employees in Troy and throughout Bell County. 

• Board Certified Leadership: Partner Joel Shields is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization. Partner Tyler Talbert is Board Certified in Civil Appellate Law. 
• Trial Courtroom Focus: Our attorneys prepare employment cases with litigation in mind and are prepared to present a case in court when necessary. 
• Direct Client Access: We prioritize communication and personalized guidance so clients understand what is happening throughout their case. 

Contact Scanes Yelverton Talbert, LLP Today 

If you believe you were unlawfully fired in Troy or the surrounding Bell County area, Scanes Yelverton Talbert, LLP can review the circumstances of your termination, explain your legal options, and help you determine what steps to take next. 

Contact Scanes Yelverton Talbert, LLP today to schedule a consultation with our employment law team.