Wrongful Termination in Texas (2026): Laws, Deadlines, How to File

Texas is an at-will state. The Texas Supreme Court has said that, absent a specific agreement, employment may be terminated "at will, for good cause, bad cause, or no cause at all" (Montgomery County Hospital District v. Brown, 965 S.W.2d 501 (Tex. 1998)). A firing is wrongful termination in Texas only when it breaks a specific law, most often the Texas Commission on Human Rights Act, whose § 21.051 makes it unlawful to discharge someone because of race, color, disability, religion, sex, national origin, or age.

This guide covers each ground for a Texas claim, the deadlines (several are short), where to file, and what a court can award. For how other states handle the same questions, see our guide to wrongful termination laws by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Texas law on wrongful termination: the Texas Commission on Human Rights Act (Tex. Lab. Code ch. 21), the Sabine Pilot exception, contract claims, and Texas anti-retaliation and whistleblower statutes, with brief notes on the federal overlay. It does not cover when your final paycheck is due (see Texas final paycheck laws) or what a severance agreement can require (see Texas severance pay laws).

Is Texas an at-will state?

Yes. Under Brown, an employer can end employment for a good reason, a bad reason or no reason, unless a specific agreement or a statute says otherwise. Our Texas at-will employment guide explains the doctrine itself. The rest of this page covers the exceptions.

Grounds for a wrongful termination claim in Texas

Discrimination under the Texas Commission on Human Rights Act

The Act (often called TCHRA) covers an employer "engaged in an industry affecting commerce" that "has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year" (Tex. Lab. Code § 21.002(8)(A)). The statute also covers counties, municipalities and state agencies regardless of size (§ 21.002(8)(D)). For sexual harassment the threshold is lower: since September 1, 2021, an employer is any person who employs one or more employees or acts directly in the interests of an employer, and it is liable if it or its agents or supervisors knew or should have known of the harassment and failed to take immediate and appropriate corrective action (§§ 21.141-21.142, added by SB 45). The 15-employee threshold matches federal Title VII (42 U.S.C. 2000e(b)).

Section 21.051 bars discharging an individual because of race, color, disability, religion, sex, national origin, or age. Chapter 21 also bars firing someone because of genetic information or a refusal to take a genetic test (§ 21.402), and sex discrimination includes discrimination because of pregnancy, childbirth or a related medical condition (§ 21.106). Age protection covers individuals 40 or older (§ 21.101). Since September 1, 2023, § 21.1095 (added by HB 567) addresses discrimination based on hair texture and protective hairstyles.

Section 21.055 bars retaliation against a person who "opposes a discriminatory practice," "makes or files a charge," "files a complaint," or "testifies, assists, or participates in any manner in an investigation, proceeding, or hearing."

Refusing to commit a crime: the Sabine Pilot exception

Texas recognizes one common-law public-policy exception, and it is narrow. In Sabine Pilot Service, Inc. v. Hauck (1985), the Texas Supreme Court held that public policy, as expressed in laws carrying criminal penalties, "requires a very narrow exception to the employment-at-will doctrine," one that "covers only the discharge of an employee for the sole reason that the employee refused to perform an illegal act." The employee must prove the discharge "was for no reason other than his refusal to perform an illegal act."

The exception generally does not reach reporting. In Ed Rachal Foundation v. D'Unger, 207 S.W.3d 330 (Tex. 2006), the court said: "Sabine Pilot protects employees who are asked to commit a crime, not those who are asked not to report one." The same opinion noted that the exception "would allow a whistleblower to state a claim if failing to blow the whistle would itself be a criminal act."

That line may be tested. On September 25, 2026, in Richards v. Houston Classical, Inc. (No. 25-1072), the Texas Supreme Court denied review, and Justice Lehrmann wrote separately (concurring in the denial) to consider whether Sabine Pilot should reach employees who comply with a legal duty to report child abuse. Her statement is not a holding and does not change the law.

Deadline: no statute names a deadline for a Sabine Pilot claim. A Texas court of appeals applied the two-year limitations period in Tex. Civ. Prac. & Rem. Code § 16.003(a) to a Sabine Pilot claim (Stroud v. VBFSB Holding Corp., 917 S.W.2d 75 (Tex. App.-San Antonio 1996), an intermediate appellate decision that assumed, without deciding, that the claim could be brought on a constructive discharge). Get legal advice promptly.

Contract claims and good faith

Texas courts enforce a promise not to fire only when it is definite. In Brown, the Texas Supreme Court held "that an employer's oral statements do not modify an employee's at-will status absent a definite, stated intention to the contrary," and that the employer "must unequivocally indicate a definite intent to be bound not to terminate the employee except under clearly specified circumstances."

Texas has refused to read a general duty of good faith and fair dealing into contracts. In English v. Fischer, 660 S.W.2d 521 (Tex. 1983), a case that did not involve employment, the Texas Supreme Court declined to adopt an implied covenant of good faith and fair dealing in all contracts, stating "This we are unwilling to do."

For contract claims, Texas's residual limitations period is four years for actions with no express period (Tex. Civ. Prac. & Rem. Code § 16.051). Whether it governs a particular employment agreement is a question for a court.

Retaliation laws that protect specific activities

• Workers' compensation (Tex. Lab. Code ch. 451). Section 451.001 bars discharging or discriminating against an employee who in good faith files a workers' compensation claim, hires a lawyer to represent a claim, institutes a proceeding, or testifies in one. Under § 451.002, the employer is "liable for reasonable damages incurred by the employee as a result of the violation," a discharged employee is "entitled to reinstatement in the former position," and the employee has the burden of proof. Section 451.003 allows an injunction. In Continental Coffee Products Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996), the court held that "actual malice must be shown before punitive damages may be assessed against an employer for violating section 451.001." Chapter 451 itself states no deadline, but the Texas Supreme Court held that a suit under its predecessor statute must be filed within two years after the claim accrues, which is when the employee receives unequivocal notice of termination or when a reasonable person should have known of it (Johnson & Johnson Medical, Inc. v. Sanchez, 924 S.W.2d 925 (Tex. 1996)). Our Texas workers' compensation guide covers the benefits side.
• Jury service (Tex. Civ. Prac. & Rem. Code ch. 122). "A private employer may not terminate the employment of a permanent employee because the employee serves as a juror or grand juror." A second version of § 122.001, in force at the same time, is broader: an employer may not "discharge, threaten to discharge, intimidate, or coerce any permanent employee" because of jury service or attendance in connection with it in any court in the United States. To get the job back, the employee must give the employer actual notice of intent to return as soon as practical after release (§ 122.001(b)). A wrongly fired juror can recover reinstatement and damages of "not less than an amount equal to one year's compensation nor more than" five years' compensation, plus attorney's fees (§ 122.002). Suit is due "not later than the second anniversary of the date on which the person served as a juror or grand juror" (§ 122.002(c)). Violating the statute is also a Class B misdemeanor (§ 122.0021).
• Complying with a subpoena (Tex. Lab. Code § 52.051). The section protects employees who comply with a subpoena and entitles an employee to return to the same employment and to damages of up to six months' compensation.
• State military service (Tex. Gov't Code § 437.204). Members of the Texas military forces ordered to authorized training or duty have reemployment rights, and a violation "is an unlawful employment practice" handled through the Texas Workforce Commission's civil rights complaint procedure.
• Professionals who report child abuse (Tex. Fam. Code § 261.110). A professional who in good faith reports child abuse may sue for injunctive relief, damages, or both over retaliation.
• Emergency evacuations (Tex. Lab. Code ch. 22). This chapter addresses employment discrimination against employees who participate in an emergency evacuation.

Voting time is protected only by a criminal statute: Tex. Elec. Code § 276.004 makes it a Class C misdemeanor to knowingly refuse an employee permission to be absent to vote or to penalize the employee for attending the polls, unless the polls are open for two consecutive hours outside the employee's working hours. The section provides no civil remedy.

Whistleblower protection

Texas protects reporting mainly for specific groups. The Texas Whistleblower Act bars a governmental entity from suspending or terminating "a public employee who in good faith reports a violation of law ... to an appropriate law enforcement authority" (Tex. Gov't Code § 554.002(a)). Suit is due "not later than the 90th day after the date" of the violation or its discovery (§ 554.005). Before suing, the employee must start the employer's grievance or appeal procedure within the same 90 days (§ 554.006(a)-(b)); time spent in that procedure is excluded from the suit deadline, except as § 554.006(d) provides when no final decision comes within 60 days.

In the private sector, Tex. Health & Safety Code § 161.134 protects employees of hospitals, mental health facilities and treatment facilities who report violations. It allows actual and exemplary damages, attorney's fees and reinstatement, presumes retaliation if the adverse action comes within 60 days of a report, and requires suit before the 180th day. Tex. Occ. Code § 301.413 separately addresses retaliation against nurses. Our Texas whistleblower laws guide covers these statutes in more depth.

Constructive discharge: when quitting counts as a firing

In Hammond v. Katy Independent School District, 821 S.W.2d 174 (Tex. App.-Houston [14th Dist.] 1991), a Texas appeals court explained that "a constructive discharge occurs when an employer makes conditions so intolerable that an employee reasonably feels compelled to resign." The court asks "whether or not a reasonable person in the employee's position would have felt compelled to resign," and "it is necessary to examine the conditions imposed, not the employer's state of mind." Hammond is an intermediate appellate decision.

Deadlines for Texas wrongful termination claims

How to file a discrimination complaint in Texas

The Texas Workforce Commission's Civil Rights Division enforces Chapter 21 (Tex. Lab. Code § 21.0015 transferred the former Commission on Human Rights' powers to TWC). The complaint must be in writing and made under oath (§ 21.201(b)). Under TWC's rules in 40 Tex. Admin. Code ch. 819, you may file it with the Civil Rights Division, an EEOC office, or a local commission the EEOC recognizes. TWC says its online Employment Discrimination Inquiry Submission System (EDISS) "is the method to submit your employment discrimination complaint"; start from the Civil Rights Division's employment discrimination page.

The two agencies coordinate. Under 40 Tex. Admin. Code § 819.71, a complaint filed with TWC is timely based on the date TWC receives it, and a complaint filed with the EEOC and deferred to TWC is timely based on the date the EEOC received it. For a federal charge, the EEOC's Texas offices say you have 300 days from the date of harm to file against an employer with 15 or more employees (20 or more for age discrimination) (EEOC Dallas District Office, Timeliness). The 300-day federal period does not extend the 180-day deadline for a state complaint under § 21.202. Our wrongful termination hub covers the federal process.

Watch the election-of-remedies rule. Under § 21.211, you cannot file a Chapter 21 complaint if you have already sued in court, or have a pending administrative action under other law, over the same grievance.

Getting to court. If TWC dismisses the complaint or does not resolve it before the 181st day, you may request in writing a notice of the right to file a civil action (§ 21.252). If TWC fails to issue the notice, that does not affect your right to sue (§ 21.252(d)). Section 21.253 allows an earlier notice for a life-threatening illness or on the director's certification. Once you receive the notice, you have 60 days to sue (§ 21.254), and no suit may be filed later than two years after the complaint was filed (§ 21.256).

What a court can award

• Equitable relief. A court may order "hiring or reinstating with or without back pay" and court costs (§ 21.258(b)). Back pay cannot accrue for any date "more than two years before the date a complaint is filed with the commission," and interim earnings, workers' compensation and unemployment benefits reduce it (§ 21.258(c)).
• Compensatory and punitive damages, capped. For an intentional unlawful employment practice, compensatory damages for future pecuniary losses and nonpecuniary losses such as emotional pain, plus punitive damages, may not exceed per complainant (§ 21.2585(d)):

• Outside the cap. Back pay, interest on back pay and § 21.258(b) relief are not compensatory damages (§ 21.2585(c)).
• Punitive damages. They require "malice or ... reckless indifference" and are not available against a governmental entity (§ 21.2585(b)).
• Attorney's fees. The court "may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of the costs," which may include reasonable expert fees (§ 21.259).

These caps follow the same tiers as federal law (42 U.S.C. 1981a(b)(3)). None of these figures predicts what any particular case is worth.

Reason for discharge, blacklisting and your personnel file

The Texas statutes reviewed for this page do not require an employer to state why it fired someone. Tex. Lab. Code § 52.031(d) allows an employer to give a discharged employee, on application, "a written truthful statement of the reason for the discharge," and that statement cannot be the basis of a libel action. The same section makes blacklisting a crime, punishable by a fine of $50 to $250, 30 to 90 days in jail, or both.

The Texas sources reviewed for this page also include no statute giving private-sector employees a right to see their personnel file; ask your employer for it in writing. Final pay is a separate rule: a discharged employee must be paid in full not later than the sixth day after discharge (Tex. Lab. Code § 61.014).

Recent and upcoming changes

• No 2024 to 2026 amendments found. The current text of Tex. Lab. Code ch. 21 and ch. 451, Civ. Prac. & Rem. Code ch. 122, Lab. Code §§ 52.031 and 52.051, and Elec. Code § 276.004 shows no amendment enacted in 2024 through 2026. That conclusion rests on each section's history notes, not a search of every bill.
• HB 567 (2023). Added § 21.1095 on hair texture and protective hairstyles, effective September 1, 2023.
• SB 45 (2021). Added §§ 21.141-21.142, which apply sexual harassment liability to employers with one or more employees, effective September 1, 2021.
• HB 21 (2021). Added the 300-day period for sexual harassment complaints (§ 21.202(a-1)), effective September 1, 2021.
• Richards v. Houston Classical (2026). Justice Lehrmann's September 25, 2026 statement on extending Sabine Pilot to mandatory reporters, described above, is not a change in the law.

Bills filed for the Legislature's next session were not reviewed for this article.

Practical steps after a firing in Texas

Write down the dates and what was said, and keep copies of reviews, messages and any written policies you can lawfully keep. Do not sign a release or separation agreement before reading it closely, because it may give up the claims described here; our Texas severance pay laws guide explains how those agreements work in Texas. The 180-day complaint deadline and the 60-day window after a right-to-sue notice are short, so act promptly.

Related

• Wrongful termination laws by state
• Texas at-will employment laws
• Texas whistleblower laws
• Texas workers' compensation laws
• Texas severance pay laws
• Texas final paycheck laws

Disclaimer: This article is general legal information about Texas wrongful termination law (the Texas Labor Code, related Texas statutes and Texas case law), not legal advice. It reflects sources verified on 2026-10-10. For advice about your own situation, contact the Texas Workforce Commission Civil Rights Division, a legal aid office, or a lawyer licensed in Texas.

Last updated: 2026-10-10.

Frequently Asked Questions

Can I sue for wrongful termination in Texas?

Only if the firing broke a specific law. Texas is at-will under Montgomery County Hospital District v. Brown (1998), but the Texas Commission on Human Rights Act (Tex. Lab. Code § 21.051), the workers' compensation anti-retaliation law (ch. 451), the jury-service statute (Civ. Prac. & Rem. Code ch. 122) and the narrow Sabine Pilot exception limit the reasons an employer may use. A lawyer can assess whether any of them fits your facts.

How long do I have to file a discrimination complaint in Texas?

Under Tex. Lab. Code § 21.202, a complaint must be filed within 180 days after the unlawful employment practice, or 300 days for sexual harassment. The Texas Workforce Commission must dismiss an untimely complaint.

How long do I have to sue after a right-to-sue letter in Texas?

Under Tex. Lab. Code § 21.254, you may sue within 60 days after receiving the notice of the right to file a civil action, and § 21.256 bars any suit filed later than two years after the complaint was filed.

Can I be fired for refusing to break the law in Texas?

Sabine Pilot Service v. Hauck (Tex. 1985) lets an employee sue when the discharge was for the sole reason that the employee refused to perform an illegal act carrying criminal penalties. The employee must prove the refusal was the only reason for the firing.

Can I be fired for reporting illegal activity in Texas?

Usually not under Sabine Pilot: the Texas Supreme Court said in Ed Rachal Foundation v. D'Unger (2006) that the exception protects employees asked to commit a crime, not those asked not to report one, unless failing to report would itself be a crime. Specific statutes protect some reporters, including public employees (Gov't Code ch. 554) and workers at hospitals and treatment facilities (Health & Safety Code § 161.134).

Can I be fired for filing a workers' comp claim in Texas?

No. Tex. Lab. Code § 451.001 bars discharging an employee who in good faith files a claim, hires a lawyer to represent a claim, institutes a proceeding or testifies in one. The employer is liable for reasonable damages, and a discharged employee is entitled to reinstatement (§ 451.002).

Are damages capped for discrimination claims in Texas?

Yes. Tex. Lab. Code § 21.2585(d) caps compensatory damages for future and nonpecuniary losses plus punitive damages at $50,000 to $300,000 per complainant, depending on employer size. Back pay is not part of the cap, but § 21.258(c) limits it to the period starting two years before the complaint was filed.

Does a Texas employer have to tell me why I was fired?

The Texas statutes reviewed for this page do not require it. Tex. Lab. Code § 52.031(d) allows an employer to give a discharged employee, on application, a written truthful statement of the reason, and that statement cannot be the basis of a libel action.

What if I quit because my job became unbearable in Texas?

Texas courts recognize constructive discharge. In Hammond v. Katy Independent School District (Tex. App. 1991), the court asked whether a reasonable person in the employee's position would have felt compelled to resign, looking at the conditions imposed rather than the employer's state of mind.