Probationary Period Rules in Texas: Can You Be Fired?

Federal law does not create or regulate probationary periods. Instead, federal protections apply to all employees regardless of probationary status. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits termination based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act (ADEA), 42 U.S.C. § 623, protects employees age 40 and older from age-based termination. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., requires employers to provide reasonable accommodations to qualified individuals with disabilities and prohibits termination based on disability.

The Equal Pay Act, 29 U.S.C. § 206(d), ensures employees are not terminated for asserting equal pay rights. Title I of the Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2000ff, protects against discrimination based on genetic information. Federal law prohibits retaliation under the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 660(c), for reporting unsafe working conditions.

The EEOC enforces federal anti-discrimination laws. An employee terminated during probation in violation of these laws may file a charge with the EEOC within 180 days (or 300 days in deferral states). Remedies include back pay, front pay, compensatory damages, punitive damages, and attorney's fees. Federal law applies to employers with 15 or more employees (20 for ADEA in some contexts).

Texas has no state statute creating, defining, or regulating probationary periods. Texas Government Code § 21.001 enshrines at-will employment as the default rule: an employer may discharge an employee at any time, for any reason, with or without cause or notice, unless a specific statute or public policy exception applies. This means Texas employers may freely use probationary periods and terminate probationary employees without showing cause.

However, Texas law does recognize a narrow public policy exception to at-will employment. Texas Government Code § 554.001 protects public employees (and by judicial extension, private employees in limited contexts) who report violations of law or attempt to comply with legal requirements. A termination that violates this public policy is unlawful, even during probation.

Texas state law does not add protection categories beyond federal law. Probationary employees in Texas retain all federal protections against discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. They are also protected under federal retaliation statutes. The key distinction is that Texas offers no additional state-law protection for probationary workers beyond what federal law provides.

Texas does not require employers to provide notice of termination, cause, or a hearing before termination during probation. An employer may terminate a probationary employee immediately and without explanation. However, if the underlying reason violates federal law or Texas's narrow public policy exception, the termination is unlawful regardless of probationary status. Remedies under state law follow federal frameworks, as Texas has no independent state anti-discrimination statute with separate remedies. Probationary status does not affect the availability of federal remedies under Title VII, ADEA, or ADA.

Texas at-will employment law recognizes several exceptions where termination—including during probation—is unlawful. First, termination based on a protected class characteristic (race, color, religion, sex, national origin, age 40+, disability, or genetic information) violates federal law and is unlawful regardless of probationary status. Second, retaliation for protected activities—such as reporting workplace safety violations (OSHA), filing a workers' compensation claim, serving jury duty, or voting—is illegal under federal law and narrowly under Texas public policy.

Third, Texas Government Code § 554.001 creates a public policy exception for employees who report violations of law or attempt to comply with legal requirements. This protection is limited and applies primarily to government employees, though courts have extended it in narrow circumstances to private employees reporting serious criminal conduct. Fourth, termination in violation of a specific statute (such as the FMLA, which requires employers to restore employees to the same or equivalent position after leave) is unlawful.

Fifth, Texas recognizes an implied covenant of good faith and fair dealing in some employment contexts, though this is rarely successful and does not typically override at-will employment. Sixth, union employees covered by a collective bargaining agreement may have contractual just-cause protections that override at-will employment; termination without cause may violate the agreement. Seventh, termination for refusing to commit an illegal act is unlawful under public policy, even during probation. Probationary status does not carve out exceptions to these rules—all apply equally to probationary and permanent employees.

**Step 1: Document Everything Immediately.** If you believe your termination during probation was unlawful, begin documenting the evidence the same day. Keep records of: (1) the date and time of termination notification; (2) who terminated you and what they said; (3) your job duties, performance, and any positive feedback or evaluations from before termination; (4) any prior complaints you made about discrimination, harassment, safety violations, or illegal conduct; (5) communications (emails, texts, messages) showing your protected status or protected activity; (6) comparators—names of employees of other protected classes or with different protected statuses who were treated more favorably or not terminated; (7) any employee handbook or policy given to you; (8) witnesses who observed conduct related to the termination. Store all documents securely (email, cloud storage, printed copies).

**Step 2: Send a Written Complaint to Your Former Employer (Optional but Recommended).** Within 5-10 days, send a dated letter via email or certified mail to the employer's HR department or legal counsel stating: (1) the date of termination; (2) your belief that the termination was unlawful; (3) the specific reason (e.g., "I was terminated because of my race/age/disability"); (4) factual basis for this belief. Title this "Preserve Evidence Notice" and request that the employer preserve all documents related to your employment and termination. This demonstrates good faith and may support later claims of spoliation if documents are destroyed. Keep a copy for your records.

**Step 3: File an EEOC Charge (if Discrimination-Based) or State Agency Complaint (if Public Policy Retaliation).** For claims of discrimination or retaliation based on protected class status: Contact the EEOC. Texas is a non-deferral state, meaning you file directly with the EEOC (not a state agency). File within 180 days of the termination date. File online at eeoc.gov/filing-charge, by mail at the nearest EEOC field office, or by phone. Provide: (1) your name, address, phone, email; (2) employer name, address, phone; (3) date of termination; (4) description of the discrimination or retaliation; (5) protected class characteristic or protected activity involved; (6) dates of relevant events. The filing fee is zero; EEOC services are free.

For claims involving public policy retaliation (e.g., reporting safety violations or illegal conduct): File a complaint with the Texas Workforce Commission (TWC) or contact the relevant state agency (e.g., OSHA for safety violations, Texas Department of Transportation for transportation-related violations). Include the same information as above. The TWC Workforce Board address is William P. Hobby Building, 333 Guadalupe Street, Suite 2-430, Austin, TX 78701; phone (888) 452-4778.

**Step 4: Understand the Investigation Process.** After you file an EEOC charge, the EEOC will: (1) acknowledge receipt within 5-10 business days; (2) send a copy to the employer; (3) contact the employer for a written response (typically 10-35 days); (4) investigate by reviewing documents, interviewing you, the employer, and witnesses (2-6 months typical, but can extend to 12+ months); (5) issue a "Determination" letter. The Determination may find reasonable cause to believe discrimination occurred, or no reasonable cause. If reasonable cause is found, the EEOC will attempt conciliation (settlement negotiations). Expect the full EEOC process to take 6-12 months or longer.

**Step 5: Consult an Attorney and Understand Your Rights.** Before filing or immediately after filing, consult an employment attorney licensed in Texas. Seek an attorney who specializes in employment discrimination, wrongful termination, or public policy retaliation. A consultation (often free or low-cost) will clarify whether your claim is strong, what remedies you might recover, and next steps. An attorney can represent you before the EEOC at no cost to you (EEOC representation is free). If the EEOC issues a "Right to Sue" letter (which it will if no reasonable cause is found, or after 180 days regardless), your attorney can file a federal lawsuit in the U.S. District Court for the relevant Texas district within 90 days of the Right to Sue letter. Potential remedies include back pay, front pay, compensatory damages (pain and suffering), punitive damages (if intentional discrimination), attorney's fees, and court costs.