Fired for no reason in Texas

What the law says

Texas starts from employment at will. The Texas Workforce Commission calls it the basic rule of Texas employment law, and it applies to every stage of a job. Unless a statute, such as Chapter 21 of the Texas Labor Code, or an express agreement, such as an employment contract, says otherwise:

“either party in an employment relationship may modify any of the terms or conditions of employment, or terminate the relationship altogether, for any reason, or no particular reason at all, with or without advance notice”

At will reaches past firing. According to the Texas Workforce Commission, employers may also change their policies, move people to other roles, and change work locations, schedules, job titles, job duties and pay at will. Pay still falls under section 21.051 of the Texas Labor Code, which forbids treating pay differently for a listed reason.

Beyond statutes and agreements, the Commission names only one significant exception: no firing or punishment for refusing to commit a crime for the employer.

Statutes set the main limits. Section 21.051 of the Texas Labor Code makes it an unlawful employment practice, meaning conduct the chapter forbids, to fire someone because of race, color, disability, religion, sex, national origin or age. The same rule covers hiring, pay and the terms of a job. Under section 21.106, sex includes pregnancy, childbirth or a related medical condition. Under section 21.101, the age protection covers people 40 or older.

The same chapter protects people who speak up. Under section 21.055 of the Texas Labor Code, an employer may not retaliate against someone who opposes a discriminatory practice, makes or files a charge or a complaint, or takes part in an investigation or a hearing.

Sexual harassment has its own rules. For them, section 21.141 of the Texas Labor Code counts as an employer anyone with one or more employees, and anyone acting directly in an employer’s interests toward an employee. Under section 21.142, the employer breaks the law if harassment happens and the employer, or its agents or supervisors, knew or should have known and did not take immediate and appropriate action to correct it.

Texas is also a right to work state. The Texas Workforce Commission notes that under sections 101.052 and 101.053 of the Texas Labor Code, a job may not be conditioned on, or denied because of, a person belonging or not belonging to a union.

What changes the answer

The size of the employer. Chapter 21’s general definition, in section 21.002 of the Texas Labor Code, covers an employer with 15 or more employees on each working day in 20 or more weeks of the current or previous calendar year. Counties, cities, state agencies and other state bodies count whatever their size. The harassment rules use the wider definition in section 21.141.

A contract. At will gives way to an express agreement, the Texas Workforce Commission explains, so a contract that limits when a job can end changes the answer.

The real reason. At will lets a job end for no particular reason, but a firing with no stated reason can still be unlawful if the true reason is one listed in section 21.051 of the Texas Labor Code, or if it is retaliation under section 21.055.

Written policies. The Texas Workforce Commission says an unknown policy cannot be used against a former employee in an unemployment claim or any other job claim.

The deadline for a complaint. A person who believes they were treated unlawfully under Chapter 21 can file a written complaint, made under oath, with the Texas Workforce Commission; section 21.0015 makes it the body in charge. Under section 21.202 of the Texas Labor Code, the complaint must be filed within 180 days of the unlawful act, such as the firing. A complaint of sexual harassment must be filed within 300 days of the harassment itself, which can come long before a firing. The Commission must dismiss a late complaint.

What the complaint says. It must describe what happened, including the date, the place and the circumstances, and give enough facts to identify the employer, under section 21.201 of the Texas Labor Code. The Commission’s executive director must serve the employer with a copy within 10 days of the day it was filed. A complaint can later be amended to fix technical defects, or to clarify and add to what it says. Under section 21.204, the Commission investigates and decides whether there is reasonable cause to believe the law was broken.

Going to court. Under section 21.254 of the Texas Labor Code, a person may bring a civil action within 60 days after receiving a notice of the right to file one. Under section 21.256, no civil action may be brought more than 2 years after the complaint was filed.

What this page covers. It reads Chapter 21 of the Texas Labor Code and the Texas Workforce Commission’s guidance for employers. Federal law and other Texas statutes can also limit a firing, and they are not covered here.