Wrongful Termination in Texas
Reviewed by DocDraft Legal Team - Texas - Last updated November 11, 2026
Wrongful termination in Texas is a narrow claim, because Texas courts apply a strong presumption that employment is at-will. Discrimination and retaliation claims under the Texas Commission on Human Rights Act go to the Texas Workforce Commission Civil Rights Division (the act covers employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year), and the complaint must be filed not later than the 180th day after the unlawful employment practice, or within 300 days for sexual harassment. After the right-to-sue notice arrives, a lawsuit must be brought within 60 days of receiving it and no later than two years after the complaint was filed. A fired employee must be paid in full not later than the sixth day after discharge.
Find out where you stand in Texas
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What counts as wrongful termination in Texas?
Texas employment is at-will, and Texas courts apply a strong presumption in its favor, so a firing is generally wrongful when it breaks a law or a contract. Examples include discrimination or retaliation barred by the Texas Commission on Human Rights Act, or firing someone for filing a workers' compensation claim in good faith, which Labor Code 451.001 prohibits.
Where do you file a discrimination complaint in Texas, and by when?
File with the TWC Civil Rights Division not later than the 180th day after the unlawful employment practice, or the 300th day for sexual harassment. The act covers employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Confirm the EEOC deadline with the EEOC.
How long do you have to sue after a Texas Workforce Commission complaint?
If the commission does not dismiss or resolve the complaint before the 181st day after filing, you may request a written notice of your right to file a civil action. The lawsuit must be brought within 60 days after you receive that notice, and no later than the second anniversary of the date the complaint was filed.
When is your final paycheck due after being fired in Texas?
An employer must pay a discharged employee in full not later than the sixth day after the date of discharge, under Texas Labor Code 61.014(a). If the pay does not arrive by then, put your request in writing and keep a copy, along with your pay stubs and records of your hours.
Texas wrongful termination rules
Texas wrongful termination claims rest mostly on statutes, and the deadlines are short. Texas courts apply a strong at-will presumption, and a contract claim needs an employer that unequivocally indicated a definite intent to be bound not to terminate except under clearly specified circumstances. Under the Texas Commission on Human Rights Act (Labor Code chapter 21), a complaint to the Texas Workforce Commission Civil Rights Division is due not later than the 180th day after the unlawful employment practice, or within 300 days for sexual harassment, and the act covers employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The act also bars retaliation against a person who opposes a discriminatory practice, and Labor Code 451.001 bars firing an employee for filing a workers' compensation claim in good faith. After the right-to-sue notice, the lawsuit window is 60 days from receipt, and no later than two years after the complaint was filed. Final pay for a fired employee is due not later than the sixth day after discharge, and a final paycheck demand letter puts the request in writing.
Relevant Laws
Texas Labor Code 21.202 (complaint deadline)
A complaint must be filed not later than the 180th day after the alleged unlawful employment practice; sexual harassment complaints have 300 days.
Texas Labor Code 21.254 and 21.256 (lawsuit deadlines)
Suit within 60 days after receiving the notice of right to file a civil action, and not later than the second anniversary of the complaint's filing.
Texas Labor Code 451.001 (workers' compensation retaliation)
A person may not discharge or in any other manner discriminate against an employee because the employee filed a workers' compensation claim in good faith.
Texas Labor Code 61.014 (final pay)
A discharged employee must be paid in full not later than the sixth day after the date of discharge.
Regional Variances
Texas wrongful termination rules
At-will status
At-will, with a strong presumption in its favor.
Recognized exceptions
Statutory claims (Labor Code chapter 21 discrimination and retaliation; Labor Code 451.001 workers' compensation retaliation) and contract limits where the employer unequivocally indicated a definite intent to be bound not to terminate except under clearly specified circumstances.
State agency and law
Texas Workforce Commission, Civil Rights Division; Texas Commission on Human Rights Act, Labor Code chapter 21.
Agency filing deadline
Not later than the 180th day after the unlawful employment practice; 300 days for sexual harassment (Labor Code 21.202).
EEOC charge deadline
Depends on the EEOC office handling the charge; confirm it with the EEOC.
Employer size covered
15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (Labor Code 21.002).
Whistleblower and retaliation law
Labor Code 21.055 (opposing a discriminatory practice) and 451.001 (good-faith workers' compensation claim).
Deadline to sue
Within 60 days after receiving the right-to-sue notice and no later than two years after the complaint was filed (Labor Code 21.254, 21.256).
Final paycheck
Not later than the sixth day after discharge (Labor Code 61.014(a)).
Suggested Compliance Checklist
Request your final pay in writing
If unpaid by day 6 after discharge days after startingTexas requires full payment not later than the sixth day after discharge. If it has not arrived, send a written request for the exact amount owed.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File with the TWC Civil Rights Division
By day 180 (300 for sexual harassment) days after startingFor employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, file not later than the 180th day after the unlawful employment practice, or within 300 days for sexual harassment. Confirm the EEOC deadline with the EEOC.
Sue within 60 days of the right-to-sue notice
60 days from receipt of the notice days after startingBring the civil action within 60 days after receiving the notice, and no later than two years after the complaint was filed.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | Texas requires full payment not later than the sixth day after discharge. If it has not arrived, send a written request for the exact amount owed. | final-paycheck-demand-letter | If unpaid by day 6 after discharge |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File with the TWC Civil Rights Division | For employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, file not later than the 180th day after the unlawful employment practice, or within 300 days for sexual harassment. Confirm the EEOC deadline with the EEOC. | - | By day 180 (300 for sexual harassment) |
| Sue within 60 days of the right-to-sue notice | Bring the civil action within 60 days after receiving the notice, and no later than two years after the complaint was filed. | - | 60 days from receipt of the notice |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
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