Is Texas an At-Will State?

Like every state in the U.S. (except Montana), Texas is indeed an “at-will” state when it comes to employment relationships.

While most other countries only allow employee dismissals based on cause, the at-will arrangement between American employers and employees is unique and completely changes the dynamic of employment in the US.

But does at-will employment in Texas mean a boss can fire someone for no reason? 

Let’s take a closer look at what at-will employment means for today’s employees in Texas.

At-Will Employment in Texas

It sounds simple enough. An employer can let a worker go for any reason at any time (as long as it’s not an illegal one) and will not have any legal liability. On the other hand, an employee can leave their position for any reason without facing any legal issues.

Additional considerations of at-will employment:

• An employer can, without notice, change the employee relationship without issues.
  • Changes can include wages, benefits, and paid time off.
• At-will employment can be altered by signing a contract. 
  • Contracts may cover designated terms of employment, or specify that termination can take place only for cause (which can be for subpar performance, misconduct, or economic reasons) . 
• Because of the sometimes harsh consequences for employees, some courts have allowed exceptions.
  • These include public policy, implied contract, and implied covenant of good faith; it’s important to note that these exceptions aren’t allowed everywhere. 

Can I Be Fired Without Warning in Texas? (Is That Legal?)

Yes. Texas companies are legally allowed to terminate an employee without warning, based on the at-will employment policy.

Per the policy, employers do not need to provide advance notice or a warning period; either the worker or the company can end the job at any time. However, some employees fired without cause may have legal recourse against their employer if their termination falls under wrongful termination.

What Is Considered Wrongful Termination in Texas?

Wrongful termination occurs when an employee claims that their firing breached an employment contract, employment law, or public policy. Many wrongful discharge cases fall under the default rule of at-will employment, potentially violating public policy if the employee has been dismissed for:

• • Discrimination: Based on race, color, religion, national origin, gender, age (40+), or disability. 

• Refusing an illegal act: Termination because the employee refused to commit a crime.

• • Retaliation: An employee may have reported harassment, filed a workers’ compensation claim, taken protected medical leave (such as FMLA), or reported adverse safety violations.

• Breach of contract: If an employer violates an agreed-upon employment contract that includes specific limits on when/how an employee can be fired.

• Military duty, jury duty, voting, engaging in union activity

Believe You’ve Been Wrongfully Terminated? Here’s What to Do

Now that you understand the fundamentals of at-work employment and wrongful termination, you may want to reach out to our experts at Jackson Spencer Law.

To help build your case, do these three things:

1. Save any emails, texts, performance reviews, and any complaints you submitted. Do not email yourself sensitive company documents though – this could create a situation where you’ve actually broken your employee contract now, and could lead to you being able to be fired for cause.
2. Consider visiting the Texas Workforce Commission website to file for unemployment benefits.
3. Do not sign any severance paperwork until a legal professional has reviewed it for you.
4. Do not file any complaints with the Texas Workforce Commission or EEOC office until you’ve spoken with an employment lawyer. Once you file, you can’t go back and make edits or add new critical details that would have helped your case. An experienced employment law team can guide you through this process so that you get it right the first time.

For your free consultation, call Jackson Spencer Law at (972) 301-2937 or complete our online questionnaire.