The majority of employment relationships in Texas fall into the category of "at-will" employment. This type 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 general 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 crucial to discover whether your employment is so classified. Arrangements for employment that are under a set term contract are not "at will", and may only be terminated according to the clauses contained in the agreement.
What are the Illegal Grounds for Terminating At Will Employment in Texas?
In the state of Texas, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. An employer in Potter County also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.
Also, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. Lastly, employers cannot fire 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?
A local Potter County, Texas attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.