Terminated Without Cause in Texas
If you are a salaried employee in Texas who has been terminated without cause, you may assume you have no legal options. Texas is an at-will employment state, which gives employers wide authority to end employment at any time. But that authority is not unlimited. If your firing was unfair, retaliatory, or discriminatory, you may still have a claim under state or federal law.
At The Craighead Law Firm, we help executives and professionals understand their rights and protect their careers. Attorney Clayton Craighead brings years of courtroom and negotiation experience to cases involving employment law, contracts, and wrongful termination in Texas.
Understanding At-Will Employment in Texas
What Does At-Will Employment Mean?
Under at-will employment, an employer can terminate employees at any time. That means they can fire an employee for any reason—or for no reason at all. They do not have to give advance notice or a written explanation.
But this rule has exceptions. If an employee’s termination violates a law or a contract, then it may be illegal—even if it was described as “without cause.”
When At-Will Employment Ends
There are important limits to the at-will rule. Employers in Texas cannot terminate you for:
- Reporting discrimination or harassment
- Refusing to participate in illegal acts
- Taking protected leave
- Filing a workers’ compensation claim
- Being a member of a protected class (race, age, sex, etc.)
Common Misunderstandings Among Executives
Salaried Does Not Mean Protected
Many professionals think that being salaried protects them from sudden termination. It does not. Being salaried affects how you are paid, not whether you can be fired without notice.
Your Title May Not Protect You
Even if you hold a director or VP title, you may still be considered an employee without job security unless you have a contract that states otherwise.
High Pay Does Not Limit Your Legal Rights
Being well-compensated does not remove your right to file a complaint for wrongful termination. In fact, executives are often in stronger positions to prove retaliation or breach of contract due to clearer communication records and more formal HR processes.
Illegal Reasons for Termination in Texas
Discrimination
It is illegal to fire someone based on:
- Race
- National origin
- Color
- Sex
- Religion
- Disability
- Age (if 40 or older)
Federal laws like Title VII and the ADEA prohibit this conduct. So do Texas state laws.
Retaliation
If you reported misconduct, participated in an investigation, or opposed unlawful activity, and were then fired, your employer may have retaliated against you. Retaliation claims often involve:
- Whistleblowing
- Reporting safety concerns
- Opposing discrimination
- Requesting accommodations
Breach of Contract
If you signed an employment agreement, the company may be limited in how and why they can fire you. Contracts sometimes state that termination must be “for cause”, which protects you from being fired without reason.
Red Flags: Signs Your Firing May Be Illegal
Even if your employer says you were terminated without cause, the facts may tell a different story. Watch for these warning signs:
- You were let go shortly after reporting illegal activity
- You were treated differently than coworkers in similar roles
- Performance evaluations changed suddenly
- You were excluded from meetings or decision-making before being fired
What to Do After Getting Fired Without Cause in Texas
1. Save All Documentation
Keep copies of:
- Employment contracts
- Performance reviews
- Emails or messages about your termination
- Company handbooks or HR policies
2. Review Your Employment Contract
Check for:
- A “termination for cause” clause
- Severance obligations
- Arbitration or dispute resolution terms
- Non-compete or non-disparagement language
3. Speak with a Texas Employment Attorney
This is especially important if you were in a high-level position. An attorney can:
- Review your contract
- Explain your legal options
- Handle negotiations or file claims on your behalf
4. File a Complaint on Time
You must file a charge of discrimination with the EEOC or Texas Workforce Commission (TWC) within 180 days of the termination. If you wait too long, your claim may be dismissed.
Final Paycheck and Severance Rules in Texas
Final Paycheck Timing
If you are fired, Texas law requires your employer to pay all wages owed within six calendar days.
Severance Pay
Severance is not required by law in Texas. But many employers offer it in exchange for a release of claims. Before signing, you should have a lawyer review it. You may be waiving your right to sue.
Can You Prove a Wrongful Termination Case?
To bring a legal claim for wrongful termination, you must show:
- An employment relationship existed
- You were fired
- The reason for your firing violated a law or contract
Supporting evidence may include:
- Timing of events (e.g., fired after a complaint)
- Emails that suggest bias or retaliation
- Company policies not followed consistently
- Statements made by supervisors or HR
Constructive Discharge: When You’re Forced to Quit
If your work conditions became so bad that you had to resign, the law may treat this as a constructive discharge. Texas courts require strong proof that:
- Conditions were intolerable
- The employer caused those conditions intentionally
- A reasonable person would have also quit
How and Where to File a Complaint
You may file a complaint with:
- Texas Workforce Commission (TWC) for state claims
- Equal Employment Opportunity Commission (EEOC) for federal claims
Each agency has forms available online. The deadline is usually 180 days, though some federal claims allow up to 300 days.
Talk to an Experienced Houston Employment Attorney
If you were terminated without cause in Texas, you may still have legal rights. Especially if you are an executive or high-level employee, your contract and the facts of your termination matter.
At The Craighead Law Firm, attorney Clayton Craighead has helped professionals across Houston protect their reputations and careers. Whether your termination involved retaliation, discrimination, or a contract dispute, we are ready to help you evaluate your case.
Contact us today to schedule a consultation.