Wrongful Termination
A narrow Texas concept, termination of employment in violation of a specific common-law exception or statutory protection limiting the at-will rule. Texas does not recognize a generalized cause of action for wrongful discharge based on broad public-policy grounds.
"Wrongful termination" in Texas is a narrow concept, termination of employment in violation of a specific common-law exception or statutory protection limiting the at-will rule. Texas does not recognize a generalized cause of action for "wrongful discharge" based on broad public-policy grounds; the available causes of action are specifically defined and require careful claim selection.
Recognized causes of action
Sabine Pilot claim: termination because the employee refused to perform an act for which the employee would be personally criminally liable. Narrowly construed; the act must be criminal, not merely unethical or unwise.
Workers' compensation retaliation: termination for filing a workers' comp claim or reporting a work-related injury. Tex. Lab. Code § 451.001.
Anti-discrimination claims: termination based on a protected characteristic under federal or Texas anti-discrimination statutes. See Workplace Discrimination.
FMLA retaliation: termination for taking FMLA-protected leave (employers with 50+ employees).
Whistleblower claims: federal SOX, OSHA, and other statute-specific protections. The Texas Whistleblower Act covers only public employees, not private-sector workers.
Damages
Vary by claim. Common categories: lost wages and benefits (back pay, front pay), emotional distress damages, punitive damages where authorized, attorney's fees under fee-shifting statutes.
Texas's narrow approach to wrongful termination contrasts sharply with states recognizing a general public-policy exception. Many Texas employees who feel wrongly terminated have no legal cause of action because their grievance, perceived unfairness, bad management, personality conflicts, does not fit within a recognized statutory or common-law exception. Effective claim evaluation requires identifying which specific statutory protection or common-law exception applies, and whether the employee has the procedural prerequisites (EEOC charge, TWC charge, internal complaint) needed to proceed.
Companion article: Before Firing an Employee in Texas