Texas, the statute of limitations for filing a wrongful termination claim depends on the specific legal basis for the claim. Generally, there are two main legal theories under which a wrongful termination claim can be filed
breach of contract and discrimination.
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Breach of Contract
If an employee believes that their termination violates an employment contract, the statute of limitations for filing a breach of contract claim is four years from the date of the alleged breach. However, it is important to note that not all employees have an employment contract, as Texas is an “at-will” employment state. In at-will employment, either the employer or the employee can terminate the employment relationship at any time, with or without cause, as long as it does not violate any other laws.
If an employee believes that their termination was based on discriminatory factors such as race, color, national origin, sex, religion, age, disability, or genetic information, they may file a claim under federal laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), or the Americans with Disabilities Act (ADA). In such cases, the employee must first file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days (or 300 days if the claim is also covered by state laws) from the date of the alleged discriminatory act. After receiving a “right to sue” letter from the EEOC, the employee has 90 days to file a lawsuit in court.
It is important to consult with an employment attorney to understand the specific circumstances of your case and the applicable statute of limitations. They can provide guidance on the appropriate legal theory to pursue and ensure compliance with all necessary deadlines.