Texas follows at-will employment, so an employer can generally end a job at any time and for almost any reason. “Wrongful termination” is the narrow set of firings the law treats as illegal, and it does not include every firing that seems harsh or unjust. This article explains what qualifies as wrongful termination in Texas, the deadlines for acting, and where a complaint goes. For the wider framework of how Texas jobs are governed, see Texas employment law; for the default rule this article works against, see at-will employment in Texas.
## What counts as wrongful termination in Texas
Under at-will employment, either the employer or the worker can end the relationship with or without notice and with or without cause, as long as the reason is not one that a statute or Texas common law prohibits. A firing becomes “wrongful” only when it falls into one of those prohibited categories.
Three categories cover most illegal firings in Texas:
– **Discrimination** based on a protected characteristic such as race, sex, religion, national origin, age, or disability.
– **Retaliation** for protected activity, such as filing a workers’ compensation claim, reporting unpaid wages, or opposing discrimination.
– **Discharge for refusing to commit an illegal act**, a narrow common-law exception the Texas Supreme Court recognized in *Sabine Pilot Service, Inc. v. Hauck*.
A firing that is merely unfair, based on a personality conflict, or the result of favoritism is generally legal in Texas, even when it costs someone their job. The law does not require an employer to be reasonable or correct; it requires the employer to avoid the specific reasons the legislature and the courts have placed off-limits.
## Firing based on a protected class
The Texas Commission on Human Rights Act, codified in Chapter 21 of the Labor Code, is the main state law against discriminatory firing. Under Tex. Lab. Code § 21.051, an employer may not discharge or otherwise discriminate against a worker because of race, color, disability, religion, sex, national origin, or age. Chapter 21 applies to employers with 15 or more employees, and its age protections reach employers with 20 or more.
The same conduct is usually illegal under federal law. Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act cover discriminatory discharge nationwide, and the federal Equal Employment Opportunity Commission enforces them. The EEOC lists the covered practices on its prohibited employment policies page. Because Texas has its own enforcement agency, a worker can pursue a discrimination claim through the state system, the federal system, or both, and a charge filed with one agency is generally cross-filed with the other.
Discrimination does not have to be stated openly to be illegal. A firing can violate Chapter 21 when a protected characteristic is a motivating factor behind it, even if the employer offers a different explanation. Proving that motive is the central issue in most discrimination cases.
## Retaliation and refusing to break the law
Texas protects several kinds of protected activity from retaliation. The clearest example is a workers’ compensation claim. Under Tex. Lab. Code § 451.001, an employer may not fire or otherwise discriminate against an employee because the employee filed a workers’ compensation claim in good faith, hired a lawyer to represent them in a claim, or testified in a compensation proceeding.
Chapter 21 separately forbids retaliation against a worker who opposes a discriminatory practice, files a discrimination complaint, or participates in an investigation. Other Texas statutes protect workers who serve on a jury or who report certain legal violations. A firing aimed at punishing any of these protected acts can be wrongful even when the underlying job was fully at-will.
Texas also recognizes one narrow common-law exception. In *Sabine Pilot Service, Inc. v. Hauck*, 687 S.W.2d 733 (Tex. 1985), the Texas Supreme Court held that an at-will employee cannot be fired for the sole reason that the employee refused to perform an act that carries criminal penalties. The exception is deliberately limited: it applies only when refusing to break the law is the single reason for the discharge, not one reason among several.
## Deadlines to file a complaint
Discrimination and Chapter 21 retaliation claims run on short deadlines, and the two systems use different clocks. A state complaint with the Texas Workforce Commission Civil Rights Division must be filed within 180 days of the discriminatory act under Tex. Lab. Code § 21.202. A federal charge with the EEOC can be filed later: because Texas has a state fair-employment agency, the federal deadline extends to 300 days, as the EEOC explains on its time limits page.
Not every wrongful termination claim goes through an agency. A workers’ compensation retaliation claim under Chapter 451 and a *Sabine Pilot* claim for refusing an illegal act are civil lawsuits filed in court rather than charges filed with the TWC or EEOC. Those lawsuits carry their own filing deadlines set by Texas limitations law, which differ from the agency charge deadlines above.
## How to file a wrongful termination complaint
For a discrimination or Chapter 21 retaliation claim, the process runs through the TWC Civil Rights Division, the EEOC, or both. The two agencies share charges under a work-sharing agreement, so a single filing usually preserves rights under both state and federal law.
Gather the basic facts
Collect the dates of hire and firing, the name and size of the employer, and a short description of what happened and why the worker believes the reason was illegal. Names of supervisors and witnesses and any written communications help the agency evaluate the charge.
Contact the agency within the deadline
Start a charge with the TWC Civil Rights Division or the EEOC before the 180-day state deadline runs, since it is the shorter of the two. The EEOC charge process can be started online, by phone, or in person, and the EEOC will note whether the charge is also filed with the state.
Complete and sign the charge
The charge identifies the employer, the protected basis (such as race, sex, age, or disability), and the adverse action. The worker signs it, and the agency notifies the employer and begins its review.
Respond during the investigation
The agency may request documents, interview witnesses, or invite the parties to mediation. Keeping copies of everything submitted and meeting any response dates keeps the charge moving.
Frequently asked questions
Is being fired without a reason wrongful termination in Texas?
No. Texas is an at-will state, so an employer can fire a worker without giving any reason. A firing is wrongful only when the actual reason is one the law prohibits, such as discrimination, retaliation for protected activity, or refusing to commit an illegal act.
Can an employer in Texas fire someone for filing a workers’ compensation claim?
No. Under Tex. Lab. Code § 451.001, an employer may not discharge or discriminate against an employee for filing a workers’ compensation claim in good faith, hiring a lawyer for a claim, or testifying in a compensation proceeding. A firing for that reason is a form of wrongful termination pursued as a lawsuit in court.
How long do I have to file a wrongful termination complaint in Texas?
Does being fired for reporting my employer count as wrongful termination?
Sometimes. Retaliation for opposing discrimination or participating in a discrimination investigation is prohibited under Chapter 21 of the Labor Code. Other Texas statutes protect specific reports, such as certain safety or legal violations. Whether a particular report is protected depends on which law covers it and what the worker reported.
Do I need a lawyer to file a discrimination charge?
A lawyer is not required to file a charge with the TWC Civil Rights Division or the EEOC; both accept charges directly from workers. Cases that reach the lawsuit stage, involve complex facts, or seek significant damages often involve an attorney. The State Bar of Texas operates a lawyer referral service for finding one in a specific practice area.
Sources
- Tex. Lab. Code ch. 21, Employment Discrimination (Texas Commission on Human Rights Act)
- Tex. Lab. Code ch. 451, Retaliation for Filing a Workers’ Compensation Claim
- Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)
- EEOC, Time Limits for Filing a Charge
- EEOC, Prohibited Employment Policies/Practices
- EEOC, Filing a Charge of Discrimination