Wrongful Termination Law in Texas
This page covers wrongful termination law as it applies in Texas — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful termination protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Texas is an at-will employment state, meaning most employers may fire a worker for any reason or no reason at all. Even so, both Texas and federal law forbid firing someone because of their race, sex, religion, national origin, disability, or age (40 or older), and ban retaliatory discharges for activities such as filing a workers' compensation claim or reporting workplace violations. If you believe you were fired illegally, you typically must file a complaint with a government agency before you can sue in court, and some deadlines run as short as 180 days from the date of the firing, so act quickly.
Laws that govern wrongful termination in Texas
Texas state law
- Texas Commission on Human Rights ActTex. Labor Code Ch. 21
Prohibits employment discrimination and retaliation based on race, color, disability, religion, sex, national origin, age (40 or older), and genetic information for employers with 15 or more employees; enforced by the Texas Workforce Commission Civil Rights Division.
- Texas Whistleblower ActTex. Gov't Code Ch. 554
Protects state and local government employees from termination, suspension, or other adverse personnel actions when they report in good faith a violation of law to an appropriate law enforcement authority.
- Workers' Compensation Anti-Retaliation LawTex. Labor Code Ch. 451
Prohibits employers from discharging or otherwise discriminating against an employee because the employee filed or initiated a workers' compensation claim in good faith.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Codified at 42 U.S.C. §§ 2000e et seq.
- Family and Medical Leave Act of 1993
Federal law allowing eligible employees of covered employers up to 12 weeks of unpaid leave for specified family and medical reasons. Codified at 29 U.S.C. §§ 2601 et seq.
- Americans with Disabilities Act of 1990
Civil-rights law prohibiting discrimination based on disability in employment, public services, public accommodations, and telecommunications. Codified at 42 U.S.C. §§ 12101 et …
- Worker Adjustment and Retraining Notification Act
Requires employers with 100+ employees to give 60 days’ advance notice of plant closings and mass layoffs. Codified at 29 U.S.C. §§ 2101–2109.
Texas-specific deadlines for wrongful termination cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- File a discrimination charge with the Texas Workforce Commission Civil Rights Division (general claims): 180 days
This deadline applies to most discrimination and retaliation claims under the Texas Commission on Human Rights Act; missing it generally bars the claim. Filing with the Texas Workforce Commission Civil Rights Division also satisfies the Equal Employment Opportunity Commission filing requirement through a worksharing agreement.
Tex. Labor Code § 21.202(a)
- File a discrimination charge with the Texas Workforce Commission Civil Rights Division (sexual harassment only): 300 days
Texas extended the charge-filing period specifically for sexual harassment complaints to 300 days, effective September 1, 2021; all other discrimination or retaliation claims remain subject to the standard 180-day window.
Tex. Labor Code § 21.202(a-1)
- File a charge with the U.S. Equal Employment Opportunity Commission (federal anti-discrimination laws, Texas employers): 300 days
Because Texas has a state agency (the Texas Workforce Commission Civil Rights Division) that enforces comparable anti-discrimination laws, Texas is a federally designated deferral state and the Equal Employment Opportunity Commission charge deadline is extended from 180 to 300 days.
42 U.S.C. § 2000e-5(e)(1)
- File a civil lawsuit after receiving a Texas Workforce Commission Civil Rights Division right-to-sue notice: 60 days (and no later than 2 years from original charge date)
Section 21.254 requires filing suit within 60 days of receiving the right-to-sue notice; Section 21.256 imposes an absolute outer cap — no lawsuit may be brought later than two years after the date the original charge was filed.
Tex. Labor Code §§ 21.254, 21.256
- File a federal lawsuit after receiving a U.S. Equal Employment Opportunity Commission right-to-sue notice: 90 days
This 90-day window applies to claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; missing it typically bars the federal lawsuit entirely.
42 U.S.C. § 2000e-5(f)(1)
- File a lawsuit under the Texas Whistleblower Act (state and local government employees only): 90 days
This deadline applies only to employees of state or local governmental entities; a required internal grievance or appeal procedure must also be initiated within this 90-day window, but time spent in that process pauses the clock for the court filing deadline.
Tex. Gov't Code § 554.005
- File a lawsuit for retaliation under the Family and Medical Leave Act: 2 years (3 years if the violation was willful)
The standard period is two years from the date of the violation; it extends to three years if the employer's violation was willful. The Family and Medical Leave Act applies to employers with 50 or more employees.
29 U.S.C. § 2617(c)(1)–(2)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful termination in Texas.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; Texas employees are served primarily through the Houston District Office.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Ohio residents have 300 days from a discriminatory act to file a charge.
Primary federal agency for filing employment discrimination charges; handles claims by private-sector employees in Georgia under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and related laws.
Federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Michigan employees have 300 days to file a charge.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal anti-discrimination employment laws; California employees may file a charge within 300 days of the discriminatory act.
- Texas Legal Services Centerlegal aid
A nonprofit legal aid organization that provides free civil legal assistance and referrals to income-eligible Texans, including workers facing employment discrimination or retaliation.
Enforces federal employment discrimination laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Florida workers can dual-file charges with both the Equal Employment Opportunity Commission and the Florida Commission on Human Relations.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and related federal laws; filing a charge is required before suing in federal court.
The federal agency that enforces Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; accepts charges from Pennsylvania workers within 300 days of a discriminatory act.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws for Illinois workers.
Investigates employment discrimination charges under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws; file a charge here first if you were terminated because of a protected characteristic such as race, sex, religion, national origin, age, or disability.
The federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; New Jersey workers have 300 days to file a charge, which is required before bringing a federal lawsuit.
Accepts federal employment discrimination charges under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act for workers in Virginia.
Connects individuals with licensed Texas attorneys, including employment law specialists, for an initial 30-minute consultation at a reduced fee; call 1-800-252-9690 to be matched with an attorney in your county.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal employment laws; Washington residents have 300 days to file a charge.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Texas
- 1
Write down everything that happened
Record the exact date of your firing, the reasons your employer gave, and any prior events you think may have prompted it — the more detail you capture immediately, the better.
- 2
Gather your documents
Collect your employment contract, employee handbook, performance reviews, pay stubs, emails, and any written warnings, because these help show whether the employer's stated reason was a pretext for an illegal motive.
- 3
Identify which law may apply to your situation
Discrimination and retaliation claims may fall under the Texas Commission on Human Rights Act (Texas Labor Code Chapter 21), federal anti-discrimination statutes, or both; workers' compensation retaliation and the Texas Whistleblower Act each have their own separate rules.
- 4
File a charge with the Texas Workforce Commission Civil Rights Division or the U.S. Equal Employment Opportunity Commission
For most discrimination and retaliation claims you must file an administrative charge with one of these agencies before you can sue in court; filing with either agency satisfies both through a worksharing agreement.
- 5
Wait for the agency's response and request a right-to-sue notice if needed
The agency will investigate your charge; if it does not resolve the matter within 180 days or you wish to proceed sooner, you may request a written notice of your right to file a civil action.
- 6
File your lawsuit before the applicable deadline expires
After receiving a right-to-sue notice from the Texas Workforce Commission Civil Rights Division, you have 60 days to file in court and never later than two years from your original charge date; after a federal Equal Employment Opportunity Commission notice, you have 90 days.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful termination in Texas
Can my employer fire me for no reason in Texas?
Generally yes — Texas follows the at-will employment doctrine, which allows employers to end the employment relationship for any reason or no reason at all. The critical exceptions are that the reason cannot be an illegal one, such as discrimination based on a protected characteristic, retaliation for a legally protected activity, or violation of a written employment contract.
What qualifies as wrongful termination in Texas?
A termination is wrongful when it violates a specific law. Common examples include being fired because of race, sex, national origin, religion, disability, or age (40 or older); being fired in retaliation for filing a workers' compensation claim or reporting a safety violation; and being fired in breach of a written employment contract or a binding promise in an employee handbook.
Does Texas have its own anti-discrimination law?
Yes. The Texas Commission on Human Rights Act (Texas Labor Code Chapter 21) mirrors many federal protections and applies to employers with 15 or more employees. It prohibits workplace discrimination and retaliation based on race, color, disability, religion, sex, national origin, age (40 or older), and genetic information, and is enforced by the Texas Workforce Commission Civil Rights Division.
What if I was fired for filing a workers' compensation claim?
Texas Labor Code Chapter 451 specifically prohibits employers from discharging, threatening, or otherwise discriminating against an employee who files a workers' compensation claim in good faith. If you can show that your claim was a motivating reason for your termination, you may be entitled to reinstatement, lost wages, and other relief.
Are public employees protected for reporting their employer's wrongdoing?
Yes. The Texas Whistleblower Act (Texas Government Code Chapter 554) protects state and local government employees from termination, suspension, or other adverse personnel actions when they report in good faith a violation of law to an appropriate law enforcement authority. Private-sector employees generally must rely on federal whistleblower statutes for comparable protection.
What remedies can I receive if my firing was unlawful?
Depending on which law applies, remedies may include reinstatement to your former position, back pay for wages lost since the termination, front pay for future lost earnings, compensatory damages for emotional distress, and attorney's fees. Federal statutes such as Title VII of the Civil Rights Act of 1964 also allow punitive damages for especially egregious conduct.
Do I need a lawyer to file a discrimination charge?
You can file a charge with the Texas Workforce Commission Civil Rights Division or the Equal Employment Opportunity Commission on your own without an attorney. However, employment discrimination cases involve strict deadlines, complex evidentiary rules, and detailed procedural requirements, so consulting an employment attorney early — many offer free initial consultations — can significantly affect the outcome.
Notable Wrongful Termination decisions in the Fifth Circuit
No wrongful termination decisions from Texas courts are in our corpus yet — these Fifth Circuit opinions bind Texas, ranked by citation influence · 1,848 on point
- 831 F.3d 670 - United States v. Gonzalez-LongoriaFifth Circuit Court of Appeals · 2016
- 662 F.2d 292 - Prewitt v. United States Postal ServiceFifth Circuit Court of Appeals · 1981
- 940 F.2d 971 - Hansen v. Continental InsuranceFifth Circuit Court of Appeals · 1991
- 904 F.2d 236 - Memorial Hospital System v. Northbrook Life InsuranceFifth Circuit Court of Appeals · 1990
- 2 F.3d 1385 - Chandler v. City of DallasFifth Circuit Court of Appeals · 1993
- 188 F.3d 287 - Vega v. National Life Insurance Services, Inc.Fifth Circuit Court of Appeals · 1999
- 54 F.3d 1207 - Mooney v. Aramco Services Co.Fifth Circuit Court of Appeals · 1995
- 855 F.2d 1160 - Willy v. Coastal Corp.Fifth Circuit Court of Appeals · 1988
- 5 F.3d 955 - Bodenheimer v. PPG Industries, Inc.Fifth Circuit Court of Appeals · 1993
- 474 F.2d 906 - 5 Fair empl.prac.cas. 587, 5 Empl. Prac. Dec. P 8460 United States of America v. Georgia Power Company, Charles King v. Georgia Power CompanyFifth Circuit Court of Appeals · 1973
- 765 F.2d 1295 - Denton v. First National BankFifth Circuit Court of Appeals · 1985
- 531 F.2d 224 - Usery v. Tamiami Trail Tours, Inc.Fifth Circuit Court of Appeals · 1976
- 793 F.2d 1456 - Sommers Drug Stores Co. Employee Profit Sharing Trust v. Corrigan Enterprises, Inc.Fifth Circuit Court of Appeals · 1986
- 936 F.2d 805 - Amburgey v. Corhart Refractories Corp.Fifth Circuit Court of Appeals · 1991
- 132 F.3d 1112 - Sherrod v. American Airlines, Inc.Fifth Circuit Court of Appeals · 1998
For the landmark U.S. Supreme Court wrongful termination decisions, see the national Wrongful Termination Law overview.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.