This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
Texas, like many U.S. states, operates under the “at-will” employment doctrine. This means that unless a contract or an agreement states otherwise, both employers and employees can terminate the employment relationship at any time, for any reason, or even for no reason at all, provided it's not an unlawful one.
Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth.
If you believe you've been wrongfully terminated, you have the right to file a claim against your employer. This is a legal action, and you may be entitled to compensation, reinstatement to your job, or unemployment benefits.
Proving wrongful termination in an at-will state is difficult. Your employer can let you go for no reason at all, so showing that you were fired for an unlawful reason can be difficult. You will need to prove that you were fired for an unlawful reason.
For instance, it would be illegal for an employer to terminate an employee because of race, religion, age or disability discrimination or retaliation. Other examples would include terminating an employee because the employee disclosed she was pregnant, or because the employee made a workplace safety complaint.
Employees must establish the existence of an employment relationship, the circumstances of their termination (whether direct or constructive), and evidence indicating unlawful motives behind the termination.
Yes, an employer is entitled to fire an at-will employee without notice, but the reasoning for the firing must always remain lawful. If it comes to light that a firing was done for unjust or unlawful reasons, a wrongful termination claim can ensue.