Morgan's Point Wrongful Termination Lawyer 

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for a reason that violates applicable employment laws, an enforceable agreement, or another legally recognized protection. Although Texas is generally an at-will employment state, employers cannot terminate employees for unlawful reasons.

What does at-will employment mean?

At-will employment generally means that an employer or employee can end an employment relationship at any time, with or without advance notice, for almost any reason, provided the reason is not prohibited by law or an applicable agreement. For example, an employer may generally terminate an employee because of business restructuring, performance concerns, or changes in staffing needs.

However, an employer cannot lawfully terminate someone because of a protected characteristic, in retaliation for certain legally protected activities, or for another reason prohibited by applicable law. The distinction between an unfavorable employment decision and an unlawful termination is important. An employer may have legitimate reasons to fire an employee, but a termination that violates federal or Texas employment protections may give the employee grounds to pursue legal action.

What Are Common Examples of Wrongful Termination in Morgan's Point?

Wrongful termination can happen in many different workplace settings. Employees in retail, healthcare, construction, manufacturing, transportation, professional services, and other industries may encounter situations involving unlawful employment decisions. The following are common circumstances that may warrant a closer legal review.

Discrimination-Based Termination

Federal and Texas employment laws prohibit certain employers from making termination decisions based on protected characteristics.

Under applicable laws, protected characteristics may include:

• Race or color.
• National origin.
• Sex.
• Religion.
• Disability.
• Age, for employees protected by applicable age discrimination laws.
• Pregnancy-related conditions and certain related circumstances.

For example, an employee who consistently receives positive performance reviews may suddenly be terminated after disclosing a pregnancy or requesting a disability-related accommodation. If the employer's decision was motivated by a legally protected characteristic, the termination may violate applicable discrimination laws.

Not every termination involving a protected employee is discriminatory. The circumstances, evidence, employer's stated reasons, and applicable legal protections must be evaluated.

Retaliation for Reporting Workplace Misconduct

Employees may have legal protections when they report certain unlawful workplace practices or participate in protected investigations. For example, an employee may report sexual harassment, discrimination, safety violations, or other conduct covered by specific employment laws.

If an employer terminates an employee because they engaged in legally protected reporting or participation, the termination may constitute unlawful retaliation. Retaliation can also involve other adverse employment actions, such as demotion, reduced responsibilities, or certain unfavorable changes to working conditions.

Termination After Reporting Discrimination or Harassment

Employees should not have to remain silent about unlawful workplace discrimination or harassment because they fear losing their jobs. Federal and Texas laws provide protections against certain retaliatory actions when employees oppose conduct prohibited by applicable discrimination laws or participate in protected proceedings.

For example, an employee who reports sexual harassment to human resources may have grounds to investigate a potential retaliation claim if they are subsequently terminated because of that report.

Termination Related to Medical Leave or Disability

Certain employees have legal protections when requesting or taking qualifying medical leave or seeking reasonable accommodations for disabilities. The Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and other applicable laws may provide protections depending on the employer, employee eligibility, and circumstances.

An employer generally cannot lawfully terminate an employee simply for exercising rights protected by these laws. However, not every medical leave request or accommodation request creates an automatic right to continued employment. The specific legal requirements must be considered.

Whistleblower Retaliation

Some employees report suspected illegal conduct, fraud, safety violations, or other wrongdoing involving their employers. Certain whistleblower laws protect employees who make qualifying reports or participate in legally protected investigations.

Texas public employees may have protections under the Texas Whistleblower Act when they report violations of law by their employing governmental entity to an appropriate law enforcement authority, subject to the statute's requirements. Private-sector employees may have different protections under other state or federal laws, depending on what was reported and how the report was made.

What Laws Protect Employees From Wrongful Termination in Texas?

Several federal and state laws provide protections against certain unlawful employment decisions. Understanding which laws may apply is important because different statutes protect different employee activities and establish different requirements for filing claims.

Title VII of the Civil Rights Act of 1964

Title VII is a federal law that prohibits covered employers from discriminating against employees and applicants based on race, color, religion, sex, and national origin. It also prohibits retaliation against individuals who oppose conduct prohibited by Title VII or participate in certain investigations or proceedings. For example, if an employee is terminated because they report workplace discrimination based on race or sex, the termination may raise issues under Title VII.

Americans With Disabilities Act (ADA)

The ADA prohibits covered employers from discriminating against qualified individuals with disabilities. It also requires covered employers to consider reasonable accommodations for qualified employees with disabilities unless doing so would create an undue hardship under the law. An employer may violate the ADA by terminating an employee because of a disability or engaging in other prohibited conduct related to a reasonable accommodation request.

Age Discrimination in Employment Act (ADEA)

The ADEA generally protects employees who are at least 40 years old from employment discrimination based on age. For example, if an employer systematically replaces older workers with substantially younger employees because of their age, the circumstances may warrant investigation. The ADEA applies to covered employers and has specific legal requirements.

Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees of covered employers with certain job-protected leave rights for qualifying family and medical reasons.

These may include:

• The birth and care of a newborn child.
• Adoption or foster care placement.
• Certain serious health conditions.
• Caring for a qualifying family member with a serious health condition.
• Certain qualifying military-related circumstances.

Employers generally cannot interfere with or retaliate against employees for exercising protected FMLA rights.

Texas Labor Code Chapter 21

Texas Labor Code Chapter 21 prohibits certain employment discrimination based on protected characteristics and provides protections against retaliation. The law addresses discriminatory employment practices involving covered employers and employees. Because Texas and federal employment protections can overlap, determining which laws apply may require evaluating employer size, employee status, the nature of the alleged conduct, and other legal requirements.