How Long Do You Have to File a Wrongful Termination Lawsuit in San Antonio?
Losing your job can hit like a punch. You may feel stunned, angry, and unsure what to do next. Time matters more than you think. If you believe your firing was illegal, you only have a short window to act. Deadlines for filing a wrongful termination lawsuit in San Antonio are strict. If you miss them, you lose your right to bring a claim, no matter how strong your story is. This guide explains how long you have, what deadlines apply, and what steps you need to take right away. It also explains when you may need help from wrongful termination attorneys in San Antonio so you do not face this alone. You deserve clear rules and straight answers. You also deserve a fair chance to fight back.
Step One: Know What “Wrongful Termination” Means
Texas is an “at will” state. Your boss can fire you for almost any reason or no reason. You can also quit at any time. Yet the law does protect you from firing for certain reasons.
You may have a wrongful termination claim if your employer fired you because you:
- Reported discrimination or harassment
- Filed a safety complaint
- Requested medical leave or disability help
- Refused to do something illegal
- Reported wage theft or fraud
- Faced bias due to race, sex, religion, age, disability, or national origin
Each type of claim has its own deadline. You need to match your facts to the right deadline before the clock runs out.
Key Deadlines That May Apply To You
You face several different time limits in San Antonio. They depend on the law that fits your case. You may fit more than one. You must meet every deadline that applies.
| Type of claim | Where you file first | Main deadline to act | Who is covered |
|---|---|---|---|
| Discrimination or harassment (race, sex, religion, etc.) | EEOC or Texas Workforce Commission Civil Rights Division | 300 days from the date you were fired | Most employers with at least 15 workers |
| Retaliation for reporting discrimination | EEOC or TWC Civil Rights Division | 300 days from the retaliatory firing | Same as discrimination |
| Retaliation for workplace safety complaint (OSHA) | OSHA whistleblower office | 30 days from the firing | Most private employers |
| Retaliation for wage or overtime complaint | U.S. Department of Labor or court | Often 2 years. Sometimes 3 years for willful violations | Most employees covered by federal wage law |
| Texas common law wrongful discharge (refusal to break the law) | Civil court | Usually 2 years from the firing | Very limited situations |
You can read more about discrimination deadlines on the U.S. Equal Employment Opportunity Commission site. You can also see Texas rules on the Texas Workforce Commission employment discrimination page.
Why The Clock Starts The Day You Are Fired
The deadline usually starts on the date you were told you were fired. It does not wait for your last paycheck. It does not wait for your exit meeting.
The law treats that decision date as the key moment. Even if you feel shocked or confused, the time still runs. That is why you cannot sit with the pain and hope it fades. You need to act while you still have legal rights.
Steps You Should Take Right Away
You can protect yourself by moving in three quick steps.
1. Write down what happened
- Record the date you were fired
- List who was in the meeting
- Write the reason your boss gave you
- Note any comments that felt biased or punishing
First, store emails, texts, and messages that relate to your firing. Second, keep copies of reviews, warnings, or awards. Third, save your pay records.
2. File a charge if discrimination or retaliation is involved
If you think your firing involved bias or retaliation, you usually must file a “charge of discrimination” before you can sue. In San Antonio you can file with the EEOC, with the Texas Workforce Commission Civil Rights Division, or with both through a shared process.
You must meet the 300 day deadline. If you wait past that, you usually cannot sue under federal or state discrimination law.
3. Talk with someone who knows the law
You face short deadlines, many rules, and painful stress. You do not have to sort this out alone. You can speak with wrongful termination attorneys in San Antonio or with legal aid groups. Early advice can keep you from missing a deadline or signing away your rights.
Special Deadlines For Safety And Wage Complaints
Some claims move even faster.
If you were fired after a safety complaint, you may have only 30 days to file a whistleblower complaint with OSHA. That clock starts on the date of the firing. Waiting a month to “see how you feel” can close that door.
For wage and overtime complaints, you often have 2 years to sue under federal law. If your employer acted in a very knowing way, the limit can extend to 3 years. Yet waiting can hurt your case. Witnesses move. Memories fade. Records get lost.
Common Mistakes That Cost People Their Rights
People in your spot often make the same painful choices.
- Waiting for the company to “do the right thing” while deadlines run
- Relying on verbal promises from a supervisor or HR
- Signing severance papers without reading the fine print
- Assuming all claims share the same deadline
- Thinking a complaint to HR counts as a legal filing
Each of these choices can erase your claim even when your firing was illegal.
How To Decide If You Should File
You might feel torn. You may fear hurting your career or your family. You may also feel deep anger and want justice. The law cannot fix every hurt. It can give you a process and clear rules.
Ask yourself three questions.
- Did the firing follow close after a complaint, leave request, or report
- Did anyone make comments about your race, sex, age, disability, or religion
- Did your boss ask you to hide or break the law before the firing
If you answer yes to any of these, you should at least learn your deadlines and options. You might decide not to file. Yet that choice should be yours, not forced by an expired deadline.
Act Early To Protect Your Power To Choose
Wrongful termination law in San Antonio runs on strict clocks. Some give you 300 days. Some give you 2 years. Some give you only 30 days. Once that time is gone, your power to sue is gone.
You can protect yourself by learning which deadline fits your story, gathering your records, and reaching out for legal help if you need it. You already suffered the shock of losing your job. You do not need the extra hit of learning you waited too long to fight back.
Also Read
