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. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination may only happen in accordance with procedures outlined in the contract.
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 barred from terminating their employees on the basis of race, gender, religion, or nationality. A Victoria employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for 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, 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?
Local Victoria, Texas lawyers can thoroughly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.