Rachel Bethel
Austin/Houston Employment Trial Lawyer Rachel Bethel

One key legal claim in Texas is called a “Sabine Pilot” claim. This doctrine protects employees from retaliatory terminations for refusing to engage in illegal activities. Let’s take a closer look at the rights employees have under Sabine Pilot.

What is a Sabine Pilot Claim?

The Sabine Pilot claim comes from the Texas Supreme Court case Sabine Pilot Service, Inc. v. Hauck, 687 S.W. 2d 733 (Tex. 1985). In this landmark case, the court ruled that an employee cannot be terminated for refusing to commit an illegal act at the request of their employer. 

This case established a narrow, but important, exception to the at-will employment doctrine, which otherwise generally allows employers to fire employees for any reason or no reason, so long as the termination does not violate other state and federal protections.

Key Elements of Sabine Pilot Claims

To bring a valid Sabine Pilot claim, there are specific elements that must be present.

  1. Refusal to Engage in Illegal Conduct: The employee must have both been asked to participate in illegal activity and refused to do so. 
  2. Termination: The employee must have been fired solely because of their refusal to engage in the illegal act. 
  3. Causal Connection: The employee must show that the employer’s decision to terminate was specifically tied to their objection to the unlawful conduct.

An Example 

Maria is a mid-level manager working at a logistics company that operates nationwide, including in areas with strict environmental regulations. One day, her boss, Mark, instructs her to oversee the illegal dumping of hazardous waste from the company’s warehouse into a nearby river to avoid the high costs of proper disposal. 

Mark tells Maria that the company has been doing this for months and that it’s the only way to maintain their profit margins. He further boasts that this is how he obtained his promotion to VP and insinuates that complying will help Maria’s future at the company. He assures her that nobody will find out and pressures her to go along with the plan.

Maria knows that dumping hazardous waste in this manner violates both state and federal environmental laws and that anyone involved could face criminal penalties, including heavy fines and imprisonment. 

Maria refuses to follow Mark’s orders, explaining that she cannot be part of a crime that jeopardizes public health and the environment. She tells Mark that she would rather lose her job than face criminal charges or potentially cause harm to others. Mark becomes furious, telling Maria that she is overreacting and that the company can’t afford employees who “refuse to get things done.” He fires her on the spot.

After her termination, Maria files what is likely to be a successful Sabine Pilot claim.

Remedies for Employees

If an employee successfully proves a Sabine Pilot claim, they may be entitled to various remedies, including: 

  • Back Pay
  • Front Pay
  • Compensatory Damages
  • Punitive Damages

Where Should You Start?

The Sabine Pilot rule provides vital protections for Texas employees. While the scope of this doctrine is limited, it remains an essential legal safeguard for those facing unlawful demands in the workplace. 

If you’ve been terminated for refusing to commit an illegal act, it is essential to seek the guidance of a Texas employment law attorney. A lawyer can help you evaluate whether your situation qualifies as a Sabine Pilot claim, gather the necessary evidence, and guide you through the legal process. 

Don’t hesitate to reach out to one of our attorneys to discuss your case in further detail. 

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Photo of Rachel Bethel Rachel Bethel

What do you like most about being an employment lawyer?

The best part of being an employment lawyer is being there for people who are facing some of the worst times in their lives. I enjoy counseling my clients and reminding them that…

What do you like most about being an employment lawyer?

The best part of being an employment lawyer is being there for people who are facing some of the worst times in their lives. I enjoy counseling my clients and reminding them that they are not alone. The fact that I then get to use my legal training to help improve their situation is an immensely rewarding feeling.


What kind of clients do you like best?

Clients who are professional and focused on succeeding in their case tend to be the easiest to work with. It is especially helpful when clients are willing to prepare and get all their relevant documents and information in order.

What labor and employment issues do you think are currently trending?

It is encouraging to see that Texas passed the CROWN Act in 2023; it just went into effect in September. Less than half of the country has passed a similar bill, so this is a legal frontier in its nascent stages.

Who is your favorite Supreme Court Justice?

RBG.

What is your favorite legal movie?

On the Basis of Sex

Besides Rob Wiley, P.C., what is the most interesting job that you have had?

I had a brief stint as a preschool teacher, and it was the best job ever. My students were the cutest stress relievers I could have ever asked for.


What is your favorite food?

Barbecue.


What’s the best part of living in Dallas, TX?

Being close to my family again after 11 years away in DC. Dallas has changed so much since I was growing up. It is way more diverse now and has a very solid food scene.

What skills do you value as an employment attorney?

I think the three main skills you need to be a good employment attorney are reading (tons of cases, briefs, motions, etc.), writing (complaints, oppositions, motions, etc.), and having the emotional intelligence and interpersonal skills to interact with clients, witnesses, mediators, judges, deponents, court clerks, opposing counsel, etc. The role requires a lot of interacting with people in various roles with varying goals. An employment attorney needs to know how to approach every conversation appropriately.


Have you ever learned something from one of your clients?

Every single day. In listening to my clients, I obtain additional data points on how Defendants or Respondents operate in different corporate or governmental settings. Every case is different. Each charge, claim, or lawsuit begins with a story, and that story belongs to the client. Clients know all the contours of their workplace and the relevant personalities far better than their lawyer ever will. If clients are empowered to know what is going on in their case from the start, they can offer a wealth of knowledge, insight, and perspective to help their lawyer succeed. Clients may not know all the legalese and jargon involved, but once they are steered in the right direction, they know where to look or who to talk with to get the most critical information. The more a lawyer listens to the client, the more the lawyer learns each time.