Many prospective clients call the firm every day requesting to speak with me because they have been "wrongfully terminated." Understandably, to most non-attorneys, if a person did not violate any rules in an employer's handbook (or it cannot be proven that a violation occurred), then the employee's termination is necessarily "wrongful." This is simply not true. Texas follows a very rigid interpretation of the at-will employment doctrine. However, there are a few ways an employee's firing might be deemed a wrongful termination.

1. "[P]ublic policy, as expressed in the laws of [Texas] and the United States which carry criminal penalties, requires a very narrow exception to the employment-at-will doctrine[.] That narrow exception covers only the discharge of an employee for the sole reason that the employee refused to perform an illegal act. We further hold that in the trial of such a case it is the plaintiff's burden to prove by a preponderance of the evidence that his discharge was for no reason other than his refusal to perform an illegal act." Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985).

2. "An employer is prohibited from discharging or discriminating against an employee for filing a worker's compensation claim in good faith. (citations omitted). To prevail on an action for wrongful termination, the plaintiff must establish a causal connection between the discharge and the employee's good faith filing of a claim under the Texas Worker's Compensation Act. (citations omitted). To establish causation, [the plaintiff] must prove that "but for" the filing of her worker's compensation claim, the discriminatory action would not have occurred when it did. (citations omitted).” Santillan v. Wal-Mart Stores, Inc., 203 S.W.3d 502, 505 (Tex. App.—El Paso 2006, pet. denied).

3. "[T]he two elements necessary to establish a cause of action for wrongful termination: the discharged employee must prove that (1) he and his employer had a contract specifically providing that the employer did not have the right to terminate the employment contact at-will, and that (2) the employment contact was in writing." Smith v. SCI Mgmt. Corp., 29 S.W.3d 264, 267 (Tex. App.—Houston [14th Dist.] 2000, no pet.).

4. Finally, a termination can be deemed "wrongful" when there is a statutory violation. For example, firing an employee in violation of Title VII of the Civil Rights Act of 1964 or Chapter 21 of the Texas Labor Code would be a wrongful termination.

Ultimately, it is important to understand that subjective belief that a termination is wrong or unfair does not create a legal cause of action for "wrongful termination." If you have any questions about wrongful termination, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.