Wrongful Termination / Retaliation

Dallas Wrongful Termination Lawyers

Whistleblower Reprisal • Discriminatory Discharge • Retaliation

Employees in the state of Texas are at a distinct disadvantage, possessing few rights in comparison to their employers. Texas follows the "employment at will" rule, meaning an employee can be abruptly fired for cause — or for no reason at all. However, there are limited exceptions under state and federal law that protect certain classes of employees.

Texas employers may not retaliate or terminate you:

  • For whistle-blowing on violations or crimes
  • For refusing to commit illegal acts for your employer
  • If the firing violates specific terms of an employment contract
  • For discrimination on the basis of your age, race, color, national origin, gender, disability, or for taking maternity or family medical leave

Call a Proven Employment Law Firm:

If you were terminated or the victim of reprisal for any of the above reasons, you may have a claim for damages against the employer. Based in Dallas, Texas, the wrongful discharge attorneys of Kilgore & Kilgore, PLLC represent clients in Dallas, Austin, Houston, statewide and beyond. We have won substantial awards against some of the largest corporations in the world. Contact us today for a full explanation of your rights and a free case evaluation.

See client testimonials from people we have represented.

Non-Actionable Claims

Unfortunately, the vast majority of employees have no wrongful termination rights. You cannot sue an employer if you were fired for the following reasons:

  • No reason (Texas employers are not required to give one)
  • Fired for "minor" cause (e.g., late to work, violation of smoking policy)
  • Singled out when less qualified workers kept their jobs
  • Refusal to relocate or accept a different position
  • Reporting bad behavior of a boss or co-worker (unless it was illegal behavior)

However, sometimes the above reasons are a cover-up to fire an employee for illegal reasons (such as reporting fraud or sexual harassment, age discrimination). If you have evidence that the real reason is a violation of your civil rights, contact Kilgore & Kilgore, PLLC for a frank assessment of your situation.

Classes Protected from Wrongful Termination / Retaliation

Whistleblower Protection: Under the provisions of section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes - Oxley Act of 2002, employees of a publicly traded company who report fraudulent activity or environmental or safety violations are protected from retaliation.

Public Policy Exception: Under Sabine Pilot, the Texas Supreme Court carved out a limited exception to the at-will employment doctrine. An employer may not terminate an employee for refusing to commit an illegal act. If an employee is terminated for the sole reason of refusing to commit a crime, he or she may have a lawsuit for wrongful termination.

Contract: An executive or employee may have grounds for a wrongful termination claim when a party to the contract (employer) terminates the employee in violation of the contract — oral or written — that the employer arranged with the employee.

Civil Rights Statutes: Certain civil rights statutes prevent employers from terminating or taking adverse action against an employee for the following reasons:

  • Discrimination on the basis of an employee’s race, color, national origin, religion or sex (Civil Rights Act of 1964)
  • Termination for reporting sexual harassment or discrimination
  • Discrimination under the Age Discrimination Act (if the employer has more than twenty employees)
  • Disability covered under the Americans with Disabilities Act (ADA). This includes termination for demanding "reasonable accommodation" of a disabled worker.
  • Requests for FMLA unpaid leave for the birth or adoption of a child, or to care for a child, spouse, or parent suffering serious health condition (Family Medical Leave Act).

Contact a wrongful termination lawyer at Kilgore & Kilgore, PLLC to discuss the viability of your discriminatory discharge or employment retaliation lawsuit. We represent clients throughout Texas, including class action employee groups.