emplaws

Basic Employment Laws in Texas

Texas is an employment at-will state. That means that an employer can hire or
fire an employee for any reason or no reason at all. There are, however,
exceptions. I have listed the more common exceptions plus other potential
employee claims. Most of these claims have certain qualifications for both the
employer and the employee. This list is not exclusive. I have only listed the
more common claims. Additionally, case law or statutory law may change at any
time. Consult an attorney if you have a potential claim for or against you.

Potential Plaintiff Causes of Action

Title VII - Title VII of the Civil Rights Act of 1964, as amended, as well as
Section 21 of the Texas Labor Code prohibit an employer from discriminating
against an employee based on the employee's race, sex, national origin or
religious preference. The Act also prohibits sexual harassment or
pregnancy discrimination. An employer cannot retaliate against an employee
for reporting or pursuing one of the covered claims in good faith.

Age Discrimination in Employment Act (ADEA) - An employer cannot
discriminate against an employee based upon the employee's age, if the
employee is over the age of 40. Section 21 of the Texas Labor Code also
applies.

Americans With Disabilities Act (ADA) - An employer cannot discriminate
against an employee based upon the employee's disability. Section 21 of the
Texas Labor Code also applies.

Section 451 of the Texas Labor Code - An employer cannot discriminate against
an employee for filing or instituting a workman's compensation claim in
good faith, hiring a lawyer to represent the employee in a claim or testifying in a
workman's compensation hearing. Note that this statute only applies if the
employer is a subscriber to the Act.

Termination for Refusing to Commit an Illegal Act - An employer cannot
terminate an employee for refusing to commit a criminally illegal act.

Whistleblower - There are numerous Federal and State Whistleblower claims
that are too numerous to list here.

Breach of Contract - An employee may have a claim for breach of contract if a
valid written or oral contract existed and the employer breached the contract.

Employee Retirement Income Security Act (ERISA) - An employer cannot
discriminate against an employee because the employee is about to vest in a
retirement plan or is otherwise exercising his or her rights under the benefit
plan.

Jury Duty - An employer cannot discriminate against an employee for jury
service.

Military Service - An employer cannot discriminate against an employee for
active duty in state military service.

Union Membership - An employer cannot discriminate against an employee
because of participation in a union.

Family Medical Leave - The Family Medical Leave Act prohibits a qualifying
employer from discriminating against an employee for exercising his or her
rights under the Act. These rights include the right to take up to 12 weeks
unpaid leave for pregnancy and serious illness of the employee or immediate
family member of the employee.

Overtime or Minimum Wage - An employer must pay all employees at least the
mimimum wage. Non-Exempt employees must be paid proper overtime.

Texas Common Law Claims

Intentional Infliction Of Emotional Distress - An employee may have a cause of
action for Intentional Infliction Of Emotional Distress if the employer treated
the employee in such a manner that is considered "extreme and outrageous" and
the employee suffered "severe" emotional distress.

Defamation - If the employer says an untrue statement to a prospective
employer or person and the employee is damaged, there may be a cause of
action for defamation.

Negligent Hiring and Supervision - This may apply if the employer hires an
employee who damages another employee. An example would be if an
employee with a history of violence attacks another employee.

Fraud and Misrepresentation - This cause of action is often pled with breach of
contract. The employer must have intentionally misrepresented a portion of the
contract in order to induce the employee to take an action or inaction.

Invasion of Privacy - Invasion of Privacy may exist when the employer intrudes
upon the employee's private affairs or publicly discloses embarrassing private
facts about the Employee.

False Imprisonment - An employer may be found liable for false imprisonment
any time it restricts an employee's freedom of movement. This usually arises in
a situation where the employer unreasonably detains an employee for
questioning against the employee's will.

Assault and Battery - This cause of action usually arises in an instance of sexual
harassment, although it could happen anytime an employee is injured by another
employee.

Not certified by the Texas Board of Legal Specialization