AUSTIN WRONGFUL TERMINATION — WHAT MAKES A FIRING ILLEGAL
A wrongful termination in Texas occurs when an employee is fired for an illegal reason — even in an at-will employment state. Illegal reasons include: discrimination based on a protected characteristic, retaliation for engaging in protected activity, violation of an express or implied employment contract, violation of public policy (firing a juror or a worker who refuses to commit a crime), and violation of specific statutes (FMLA, ADA, FLSA, workers' comp retaliation).
Don't sign a severance agreement without an attorney. Employers often present severance agreements immediately after termination, under time pressure. These agreements contain broad releases of all claims. An attorney reviews what you're giving up before you sign — and may negotiate a larger severance in exchange for a complete release.
Damages Available in Austin Wrongful Termination Cases
Back payLost wages from the date of termination through the date of the judgment or settlement
Front payFuture earnings lost because the discriminatory termination damaged your career trajectory
Compensatory damagesEmotional distress, humiliation, and other non-economic harms caused by the wrongful firing
Punitive damagesAvailable for intentional discrimination or malicious retaliation — meant to punish egregious conduct
Attorney feesSuccessful plaintiffs under Title VII, ADA, ADEA, and FLSA recover attorney fees from the employer
ReinstatementCourt-ordered return to your position — less common but available and sometimes strategically valuable
Common Wrongful Termination Scenarios in Austin TX
1
Post-Workers' Comp Filing
Fired shortly after filing a workers' comp claim — retaliation under Texas Labor Code § 451.001 with up to $250k in exemplary damages.
2
Post-EEOC Charge
Terminated after filing an EEOC discrimination charge — retaliation is illegal and creates an independent claim.
3
Pregnancy / FMLA
Fired after disclosing pregnancy, requesting leave, or returning from FMLA — violates the Pregnancy Discrimination Act and FMLA.
4
Whistleblower Retaliation
Fired for reporting illegal conduct, OSHA violations, or fraud — multiple state and federal whistleblower statutes provide protection.
5
Tech Layoffs
Austin's tech industry layoffs sometimes target protected groups — an attorney analyzes whether the termination pattern shows discriminatory intent.
Red Flags That Your Termination May Be Wrongful
You were fired shortly after a protected event — pregnancy disclosure, workers' comp filing, EEOC complaint
Your employer gave inconsistent or shifting reasons for your termination
You were the only person of your protected class laid off while others in similar roles were retained
You had a positive performance record but were suddenly terminated
You were denied severance that others in your position received
Your employer asked you to sign an unusually broad release under significant time pressure
Frequently Asked Questions
Is Texas an at-will employment state?▾
Yes — but at-will doesn't mean "any reason." Terminations based on discrimination, retaliation, or contract violation are illegal. Many Austin workers have actionable wrongful termination claims they don't pursue.
How do I prove wrongful termination in Texas?▾
Evidence of discriminatory intent includes: timing (fired right after a protected event), disparate treatment (others not in your class were treated better), inconsistent reasons, and internal communications showing the real motivation.
How long do I have to file a wrongful termination claim?▾
EEOC charges: 180 days from termination. FLSA claims: 2 years (3 for willful). Workers' comp retaliation: 180 days. These deadlines are strict — contact an attorney immediately after termination.
Should I accept a severance offer in Austin?▾
Not without attorney review. Severance agreements contain broad releases of all employment claims. An attorney determines what you're giving up, whether the offer is fair, and whether you can negotiate more.
Can I sue for wrongful termination if I'm a contractor in Austin?▾
Contractors have fewer protections than employees. However, many workers are misclassified as contractors when they should be employees. An attorney analyzes your true employment status.
What are my chances of winning a wrongful termination case in Austin?▾
Outcomes vary significantly with case strength, evidence quality, and the employer's conduct. Cases with clear timing, documented retaliation, or written evidence of discriminatory intent tend to resolve favorably.