The majority of employment relationships in Texas fall into the category of "at-will" employment. This form of setup means that either employer or the employee is free to end the employment at any time they desire. In "at will" employment, the only basic exception is that the reasons for termination must not be illegal or in violation of the law.

Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is essential to discover whether your employment is so classified. If an employment contract specifying a time for employment is involved for your work agreement, then employment is not "at will", and termination can only be done following the terms of the contract.

What are the Illegal Grounds for Terminating At Will Employment in Texas?

Discrimination is the most common unlawful grounds for terminating an employee in Texas. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. An employer in San Marcos also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or initiating an investigation of discrimination against the employer.

Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Finally, employers cannot terminate employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.

Do I Need a Texas Attorney for My Wrongful Termination Case?

San Marcos, Texas lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the proper information and documents, and will guide you through any unique or special procedures.