How To Prove A Texas Wrongful Discharge Claim

 

 

In Texas, a claim of Wrongful Discharge is defined as:

An at-will employee’s cause of action against a former employer, alleging that their discharge was in violation of state or federal antidiscrimination statutes, public policy, an implied contract, or an implied covenant of good faith and fair dealing.

It simply means:

An employee’s discharge was in violation of state or federal antidiscrimination statutes.

There are 3 elements of the claim:

• Element 1. The plaintiff was employed by the defendant. The plaintiff was an employee of the defendant, meaning the person who is making the claim worked for the company or individual being accused of unfairly firing them.
  

  Facts that might support this element look like:

  * The plaintiff received a formal job offer from the defendant, which was accepted in writing.
  * The plaintiff was assigned specific job duties and responsibilities by the defendant upon hiring.
  * The defendant provided the plaintiff with regular paychecks and tax documents throughout the duration of employment.
  * The plaintiff attended mandatory training sessions organized by the defendant as part of their employment.
  * The defendant issued performance evaluations for the plaintiff during their tenure with the company.

• Element 2. The plaintiff’s employment was terminated. The plaintiff’s employment was ended by their employer, which is a key part of a wrongful discharge claim, as it shows that the person was fired and is now seeking legal action for what they believe was an unfair or illegal termination.
  

  Facts that might support this element look like:

  * The plaintiff received a termination notice from their supervisor on March 15, 2023.
  * The plaintiff’s employment was officially ended in the company’s HR system on March 16, 2023.
  * The plaintiff was informed during a meeting that their position was eliminated due to company restructuring.
  * The plaintiff’s final paycheck included a note indicating that their employment had been terminated.
  * The plaintiff was denied access to company resources and facilities following the termination notice.

• Element 3. The termination was in violation of an explicit, well-established public policy of the state. This means that the employee was fired for reasons that go against clear and important rules or values set by the state, such as being let go for reporting illegal activities or refusing to do something unsafe, which is not allowed by law.
  

  Facts that might support this element look like:

  * The employee reported unsafe working conditions that violated state health and safety regulations, which is protected under public policy.
  * The employee refused to engage in illegal activities as instructed by management, aligning with the state’s commitment to uphold the law.
  * The employee took family leave under the state’s Family and Medical Leave Act, which prohibits retaliation for exercising this right.
  * The employee participated in a whistleblower investigation, which is protected under state law to encourage reporting of misconduct.
  * The employee was terminated shortly after filing a complaint regarding discrimination, which violates the state’s public policy against retaliation.

^{(See Trico Technologies Corp. v. Montiel, 949 SW 2d 308 – Tex: Supreme Court 1997.)}
If you’re in court without a lawyer and plan to assert a Claim of Wrongful Discharge, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your wrongful discharge claim.

Prove Your TX Wrongful Discharge Claim

U.S. Civil Cases Only