Being fired can be devastating, and if you believe your termination was unjust, you're likely searching for answers and legal help. While many employees use the term "wrongful termination," the legal reality in Texas is often different from what people assume. Don't let common misunderstandings prevent you from seeking justice.
Here are the top five myths about wrongful termination in Texas:
Myth 1: Being Fired for an Unfair Reason is "Wrongful Termination"
The most common myth is that any unfair firing constitutes "wrongful termination." False.
Texas is an "at-will" employment state. This means an employer can generally fire an employee for almost any reason—a good reason, a bad reason, or no reason at all—as long as the reason is not illegal. An "illegal" reason is what the law defines as wrongful termination. This includes firing someone based on their:
Race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), age (if over 40), or disability.
Retaliation for filing a discrimination complaint, whistleblowing, or asserting certain legal rights (like filing a workers' compensation claim).
If you were fired because your boss didn't like you, or you missed a sales quota by one unit, that may be unfair, but it's generally not wrongful termination under Texas law.
Myth 2: My Employer Needs to Give Me a Warning or Severance
Many people believe they are legally entitled to a warning before being fired or a severance package afterward. False.
In Texas, absent a specific employment contract or company policy stating otherwise, your employer is not legally required to provide:
Prior written or verbal warnings.
A notice period before termination.
Severance pay.
While good business practice often dictates warnings, the lack of one is not grounds for a wrongful termination claim.
Myth 3: If I Have an Employee Handbook, I Have a Contract
Employee handbooks are often seen as ironclad contracts that employers must follow strictly. Generally False.
Most Texas employee handbooks contain a specific disclaimer—often called a "non-contractual clause" or "at-will disclaimer"—that explicitly states the handbook does not create a contract and that employment remains at-will. If your handbook contains this language, it likely won't override the at-will doctrine unless it contains clear, specific, and unambiguous promises to the contrary.
Myth 4: Only Full-Time Employees Can Be Wrongfully Terminated
The laws protecting employees from discrimination and retaliation apply regardless of your employment status. False.
Whether you are a full-time, part-time, seasonal, or temporary employee, the core legal protections remain the same. An employer cannot legally fire a part-time employee because of their race any more than they can fire a full-time employee for the same reason.
Myth 5: Wrongful Termination is Easy to Prove
Proving an illegal motivation for firing you is often the greatest challenge in a lawsuit. False.
Employers rarely admit to firing someone for an illegal reason. They almost always provide a seemingly legitimate, non-discriminatory reason (called a "pretext"). To win a wrongful termination case, you and your legal team must prove that the employer's stated reason is merely a pretext and that the real reason was illegal discrimination or retaliation. This requires compelling evidence, which is why legal counsel is critical.
Know Your Rights. Get Legal Help.
If you suspect your firing was due to illegal discrimination or retaliation, don't delay. The statute of limitations—the deadline for filing a claim—can be very short. Understanding the difference between an unfair firing and an illegal wrongful termination is the first step toward getting justice.
Contact Hommel Law Firm today for an authoritative review of your case. We're ready to protect your rights as a Texan employee and ensure your claim is handled correctly from the start.
Call us at (903) 412-3788 to schedule a consultation.