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. The only general exception in "at-will" employment arrangements is that the termination may not be done for reasons which violate the law.

Employment that does not fall into the category of "at will" is not subject to the same restrictions. Thus, it is essential that you identify what type of employment arrangement you are involved in. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract procedures.

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

The most common illegal ground for terminating a Texas employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. Gainesville employers are further barred from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.

Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, employees are protected from being terminated by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.

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

A local Gainesville, Texas attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.