Wrongful Termination Statute of Limitations in Texas
If you are an at-will employee in Texas, you or your employer can choose to end your employment at any time, and for any reason other than those reasons that are prohibited under the law. When your right to employment is illegally breached and you are wrongfully terminated, the experienced Texas wrongful termination attorneys at Lindquist Wood Edwards LLP can help you seek damages and understand your options.
The Statute of Limitations for Wrongful Termination in Texas
The types of wrongful termination listed above are all statutory exceptions to at-will employment termination. This means that if an employee wants to file a lawsuit, they will need to do so for the type of statutory violation that has occurred. For example, if an employee is alleging discrimination (resulting in wrongful termination), you must submit a complaint to the Texas Workforce Commission (TWC) within 180 days from the date of discrimination.
If you are filing a lawsuit, which is something you should do after filing a discrimination claim with the TWC, you must ensure that your suit is filed within two years.
It is extremely important to speak with an experienced Texas wrongful termination attorney as soon as possible after wrongful termination occurs to ensure that your right to seek damages and remediate the situation is preserved.
In some cases, your right to remedy may be protected under federal law (i.e. the Family Medical Leave Act), and you will need to know how to pursue a claim in federal court. (As a note, FMLA claims must be filed within two years after the wrongful termination, or within three years if the violation of the FMLA was willful).
What Is Wrongful Termination?
Wrongful termination, also called wrongful discharge in Texas, refers to a situation in which an employee is terminated from their position in an illegal manner. In Texas, a discharge is “wrongful” in the event that:
- The employee is not an at-will employee and the employee-employer have a contract that expresses that the relationship cannot be terminated until a certain point in time or unless certain criteria are satisfied;
- The termination is discriminatory in nature because it is based on a person’s race, religion, gender, age, color, disability, nationality, sexual orientation, etc.;
- The termination is in response to an employee’s protected right; or
- The employee is terminated based on jury duty, military duty, for engaging in a union activity, for filing a claim (i.e. an OSHA claim), for whistleblowing, or for voting.
Your Right To Remedy
In the event that an employee is wrongfully discharged in Texas, there are a number of remedies that may be available to them. For example, an employee may seek punitive damages, back pay, a promotion, attorneys’ fees, and more.
In order to recover the full extent of damages that an employee has suffered as a result of wrongful discharge, the employee must file a lawsuit against the employer. A lawsuit must be filed within Texas’ statute of limitations.
Contact Our Law Firm Today
For more information about filing a claim and the statute of limitations related to your wrongful termination, contact our law offices today. A consultation is offered free of charge.