Texas generally complies with federal wrongful termination and discrimination laws; however, it has enacted several state statutes to supplement regulations like the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. Texas is an “at will” employment state, which means that what would normally provide both employees and employers complete freedom to terminate employment for any reason is now limited according to state and federal laws in order to protect the civil rights of employees. When employers violate those laws, there are processes in place to allow the employee to file claims or private suits for remedies.
Texas’s Specific Labor Laws
The state laws in Texas that supplement federal discrimination and wrongful termination regulations are included in the table below:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
Yes |
|
|
State Minimum Wage |
FLSA rate (Applies to employers not covered by FLSA) |
Maximum tip credit, $3.02; minimum cash wage for tipped employee, $2.13 |
|
State Military Leave |
Yes |
Employees called to active duty in state military forces entitled to unpaid leave; guaranteed reinstatement to same position, benefits, vacation, seniority, unless employer’s circumstances have changed, making it impossible or unreasonable |
|
Jury Duty |
Yes |
Unpaid leave for permanent employees; employees required to give notice of intent to return after jury service complete |
|
Voting |
Yes |
Paid time off, if required; time off must be allowed, but no time period specified; not required if employee has 2 consecutive nonwork hours while polls are open |
|
Garnishment |
Yes |
For general wage garnishments, employer fee is actual cost or up to $10 per month, whichever is less; $10 per month for child support payments; $5 per month for spousal support payments; discipline or penalties for spousal support withholding prohibited |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
No |
|
|
Discrimination |
Yes |
For 15 or more employees; for age (40 or older); national origin; disability (physical or mental); gender; pregnancy/ childbirth; race; religion; genetic testing |
|
Whistleblower |
Yes |
For public employees; employer cannot terminate, discriminate, or retaliate against employee for reporting violations |
|
Plant Closings |
No |
|
*These laws change often, so consult local statutes for the most up-to-date information.
Texas Discrimination Laws
The regulations governing how employees can file claims or suits for remedies from violations of discrimination laws allow for the following actions:
- Victims of discrimination are allowed to file claims with state agencies or private suits through employee rights attorneys in civil court.
- Texas laws do not allow employees to recover attorney’s fees in discrimination claims or civil actions.
- The statute of limitations on discrimination claims filed through state agencies is 180 days, and for private actions, it is 2 years.
Filing a Claim for Wrongful Termination
While Texas EEOC offices and the Texas Human Rights Commission are responsible for filing agency claims for discrimination violations, employees and their employee rights lawyers are free to file private actions as well. The first option, however, is generally to pursue mediation. Yet if mediation is unsuccessful, often civil actions cannot be avoided.
Legal Remedies for Wrongful
Termination in Texas
The resolutions and forms of compensation available to employees who are victims of discrimination in the workplace are many and varied. However, victims will generally be awarded one or more of the following:
- Compensation for stress and suffering
- Lost wages
- Reinstatement of benefits and position
- Punitive damages
- Attorney’s fees and court costs
- Injunctive relief in the workplace
In addition to remedies for the victim, Texas law provides penalties for employers who violate the following specific statutes:
Jury duty – liable for 1 to 5 year’s compensation, attorney’s fees, and reinstatement
Garnishment – penalties relating to child support withholding, for noncompliance with child or spousal support orders, liable for amount that should have been withheld, attorney’s fees, legal costs, plus $200 for each instance
Whistleblower – penalties for supervisors, maximum $15,000 fine
Victims of discrimination and wrongful termination in the workplace are allowed to seek help from EEOC and human rights agencies in Texas to learn the best means of having their rights restored and receiving compensation for their abuses. However, to receive personal attention from an expert in the field, it can be worthwhile to consult an employee rights attorney and file a private civil action for the remedies that are due.
Local Resources
EEOC Regional Branches
Memphis District Office
1407 Union Avenue, Suite 621
Memphis, TN 38104
901-544-0115 or 800-669-4000
TTY: 901-544-0112 or 800-669-6820
FAX: 901-544-0111
Human Rights Commission
Knoxville, TN
865-594-6500
www.Texas.gov/humanrights