Wrongful Discharge

 

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The basic rule in Texas is the "employment at will" doctrine: absent an express agreement to the contrary, either party in an employment relationship may end the relationship or change the terms and conditions of employment at any time for any reason, or even for no particular reason at all, with or without notice. See Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985).

 

There are several exceptions, and several states have many exceptions:

 

In a recent Texas case, a court ruled against a company that had failed to enforce its anti-nepotism policy for 17 years and then suddenly fired an employee who was known all that time to have violated the policy. (Goodyear Tire and Rubber Co. v. Portilla, 836 S.W.2d 664 (Tex. App.-Corpus Christi 1992), aff'd, 879 S.W.2d 47 (Tex. 1994).)

 

Remedies for wrongful discharge can include reinstatement, back and future pay, promotion, punitive damages, and an injunction against future illegal conduct. In addition to compensating the employee, the employer can also be made to pay attorney's fees, expert witness fees, and court costs.

 

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