What is Wrongful Termination?
One of the most promising developments in favor of the rights of at-will employees has been the acceptance of the tort of wrongful discharge. This new cause of action recent acceptance stems from a law professor’s book which provides a pretty simple formula to determine if an employee has been fired for reporting to either management or a public agency what they believe to be illegal actions by their employer. Unfortunately, Texas is lagging behind many other states in granting additonal protections toemployees when their employer takes adverse action against them that is in violation of a state statute such as firing someone because he is order to pay child support and the employer simply does not want to deal the chils support enforcemant agency.
The only situation where Texas courts have recognized a claim for wrongful discharge is in the limited context where anemployee was discharged for refusing to perform an illegal act. Under Texas Supreme Court precedant, inorder for an employee to file such a suit, he or she must do more than bow the whistle, but must prove the requisite refusal to perform the illegal act. In the decision creating this claim, an employee was ordered to pump bilge overboard into the ship canal. He called the Coast Guard and was told it was illegal to do this, He refused to break tis water pollution law and was fired. There maybe a broadening of this claim since the Legislature has recently enacted a new criminal law that requires a person who actually observes a felony to report. AS a result of this requirement, there maybe more employer activites that will invoke anti-retaliation protection if the acts observed by the employee constitute a felony under stae or federal law. Remember many environmental, transportation and aviation laws contained criminal sanctions for violations of many if their rules and regulations. If you are aware of such conduct, reporting these felonies may be protected activities.