Understanding At-Will Employment In Texas (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Texas employers and employees can terminate their relationship at any time
- If you were wrongfully terminated, you have legal rights
A complex aspect of employment law is understanding when your employer can terminate you and what rights you have if they do so. In Texas, there is a doctrine of “employment at will,” which means that if there is no contract, your employer may end your working relationship for any reason. Learn more about at-will employment in Texas.
What Does At-Will Employment Mean in Texas?
What is at-will employment? It allows employers and employees to terminate a working relationship at any time and without needing to give advanced warning. Employers do not need to give a reason.
How Contracts Can Change the At-Will Employment Relationship
If there is a contact, the laws that govern at-will employment in Texas take a backseat to what the contract stipulates. The contract will clearly state how much warning an employer or employee must give the other party before terminating the relationship, and it can outline the acceptable causes of such termination. It can also provide information on severance.
Federal and State Laws That Limit At-Will Termination in Texas
Employers are not allowed to terminate employees for taking actions that are protected under federal or state laws. Title VII of the Civil Rights Act of 1964 forbids employers from firing people as a result of:
- Joining a union
- Their sex, religion, background, sexual orientation or race
- Filing a complaint about discrimination
The Americans with Disabilities Act protects people from being fired because of their disabilities, while the Family and Medical Leave Act prevents employees from being fired for taking authorized, unpaid family leave.
Texas has state laws that address many of these same issues, including the Texas Labor Code, Chapter 21 and Workers’ Compensation Retaliation.
Additional Exceptions Under Texas State and Common Law
In Texas, employers are forbidden from firing employees for attending jury duty. There is also the Sabine Pilot Exception, which prohibits employers from firing workers for refusing to perform an illegal act. Employees in the National Guard or Armed Forces also have some protections.
Wrongful Termination and At-Will Employees in Texas
If you were wrongfully terminated in Texas, it’s essential that you document everything and immediately contact an attorney. Just as you would hire a Texas personal injury lawyer if you were in an accident, you need to find an employment lawyer with experience with these claims.
ConsumerShield can help you understand your rights and access essential tools. Check out our online resources.
Contract Of Employment Knowledge Base
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At Will Texas
Frequently Asked Questions
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You must be paid quickly after your job termination. In Texas, employers have six calendar days from your last day on the job to pay you.
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Severance is not required in Texas, even for high-paying jobs. If it’s in your contract, however, your employer must provide it.
