Employee Rights Guide: Texas Employment Law in San Antonio

Estimated read time: 12 min read

Introduction: Why San Antonio Employees Must Understand Texas Employment Law

San Antonio’s booming health-care, military, and tech sectors employ more than 1.3 million people. Yet even in a thriving job market, workplace disputes can derail careers and financial stability. Whether you have been suddenly fired, denied overtime, or harassed because of your race or gender, knowing your rights under Texas and federal law is critical. This guide—written for employees in San Antonio, Texas—covers the most common employment disputes, explains applicable statutes, and offers a step-by-step roadmap for protecting your career and income. While Texas is an at-will state, numerous state and federal protections limit what employers can legally do. Read on to learn how to document violations, meet strict filing deadlines, and decide when it is time to call an attorney.

1. Understanding Your Employment Rights in Texas

1.1 Texas At-Will Employment—With Important Exceptions

Under the at-will doctrine, Texas employers may terminate employees for any reason or no reason at all—unless the decision violates a contract, statute, or public policy. Key exceptions include:

• Discrimination under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and Chapter 21 of the Texas Labor Code;

• Retaliation for engaging in protected activities such as filing a workers’ compensation claim or reporting illegal conduct (Texas Labor Code § 451.001);

• Refusal to perform an illegal act (the Sabine Pilot public-policy exception recognized by the Texas Supreme Court); and

• Written employment contracts or collective bargaining agreements that specify termination procedures.

1.2 Wage and Hour Rights

Texas follows the federal Fair Labor Standards Act (FLSA) for minimum wage ($7.25/hour) and overtime (1.5× pay after 40 hours in a workweek). The Texas Payday Law (Texas Labor Code §§ 61.001-.095) gives employees the right to timely payment of all earned wages. The law is enforced by the Texas Workforce Commission (TWC).

1.3 Protected Classes

Both Title VII and the Texas Labor Code make it illegal to discriminate based on race, color, religion, sex (including pregnancy and LGBTQ+ status), national origin, disability, age (40+), or genetic information. Federal law also protects employees who serve in the military (USERRA) and provides leave under the Family and Medical Leave Act (FMLA).

2. Common Employment Disputes in San Antonio

Below are the scenarios the Louis Law Group sees most often from Bexar County workers:

• Wrongful Termination: Firing that violates discrimination laws, contractual provisions, or public policy (e.g., terminating a nurse who refused to falsify patient records).

• Wage and Hour Violations: Unpaid overtime, off-the-clock work, tip pooling abuses in San Antonio’s hospitality industry, and misclassifying employees as independent contractors.

• Workplace Discrimination: Unequal treatment in hiring, pay, promotion, or termination based on a protected characteristic.

• Sexual Harassment: Unwelcome conduct that creates a hostile work environment or quid-pro-quo demands.

• Retaliation & Whistleblower Claims: Adverse action after reporting harassment, safety violations, fraud, or wage issues.

Recent jury verdicts in Bexar County show employees can—and do—win significant damages. For example, in Williams v. AT&T (W.D. Tex. 2022), a San Antonio technician was awarded back pay and emotional-distress damages after proving age discrimination.

3. Texas Legal Protections & Regulatory Procedures

3.1 Statutes of Limitations

• EEOC/Chapter 21 Discrimination Claims: File within 300 days of the adverse act (Texas is a deferral state).

• Texas Payday Law Claims: File with TWC within 180 days from the date wages became due.

• FLSA Overtime Claims: Two-year limit (three years for willful violations) in federal court.

• Sabine Pilot Wrongful Termination: Two-year statute under Texas common law.

• Workers’ Compensation Retaliation: Must file suit within two years of discriminatory discharge.

3.2 The Role of the Texas Workforce Commission (TWC)

The TWC investigates wage claims, discrimination (dual-filed with the EEOC), and unemployment benefits appeals. Employees can file online, by mail, or in person at the San Antonio Workforce Solutions office.

3.3 EEOC Enforcement

The EEOC’s San Antonio Field Office (part of the Dallas District) enforces federal anti-discrimination laws. After you file a Charge of Discrimination, the EEOC may mediate, investigate, or issue a Notice of Right to Sue—required before heading to federal court. Visit the EEOC Dallas District Office webpage for details.

3.4 Texas Labor Code & Key Case Law

Besides the Payday Law, Chapter 21 aligns with Title VII but allows capped damages that vary by employer size (up to $300,000). Significant court precedents include:

• Mission Consolidated ISD v. Garcia, 372 S.W.3d 629 (Tex. 2012): Clarified mental-anguish damages under Chapter 21.

• McCoy v. Texas Instruments, Inc., 183 S.W.3d 548 (Tex. App.—Dallas 2006): Affirmed retaliation protections for whistleblowers.

4. Step-by-Step Action Plan After a Workplace Violation

4.1 Document Everything

Immediately start a chronology:

• Date, time, and location of each incident.

• Names of witnesses and direct quotes when possible.

• Copies or photos of texts, emails, timecards, pay stubs, and performance evaluations.

• Screenshots of discriminatory social-media posts or internal chats.

4.2 Follow Internal Policies

Most companies have written grievance, harassment, or open-door policies. Use them:

• Submit a written complaint to HR or a designated supervisor.

• Request a dated acknowledgment of receipt.

• Keep your own copy and note any retaliation that follows.

4.3 File Administrative Charges on Time

Depending on your claim:

Unpaid Wages: Complete the TWC Wage Claim form (TWC Wage Claim Instructions) within 180 days.

• Discrimination/Harassment: Dual-file with EEOC/TWC within 300 days; keep your charge number.

• OSHA Safety Violations: File online complaint within 30 days if you face retaliation for reporting hazards.

4.4 Preserve Digital Evidence

Use cloud storage or an encrypted drive. Do not violate company policy by taking proprietary data, but preserve what you lawfully possess.

4.5 Mind the Unemployment Benefits Clock

You have 14 days from termination to apply for Texas unemployment benefits. Denials can be appealed within 14 days of the mailed decision.

5. When to Seek Legal Help

Because employers often have HR departments and law firms on retainer, employees rarely level the playing field without counsel. You should consult a Texas-licensed employment attorney if:

• The employer’s investigation stalls or feels one-sided.

• You receive a severance agreement or a nondisclosure clause that waives claims.

• Retaliation intensifies—sudden demotion, reduced hours, or hostile behavior.

• Statutory deadlines are nearing.

• You wish to negotiate a settlement or file in state or federal court.

Texas attorneys must be in good standing with the State Bar of Texas. Always verify the lawyer’s license and disciplinary history. How Louis Law Group Helps San Antonio Workers

• Free, confidential case evaluations—understand your options before you sign anything.

• Thorough review of employment contracts, handbooks, and severance agreements.

• Aggressive negotiation for unpaid wages, reinstatement, or compensatory damages.

• No fee unless we recover compensation in most wage and discrimination cases.

6. Local Resources & Next Steps

Texas Workforce Commission (San Antonio Office) 111 NW Loop 410, Suite 610, San Antonio, TX 78216. Phone: 210-258-6600. EEOC San Antonio Field Office 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229. San Antonio Bar Association Lawyer Referral Service (Local Attorney Directory)

• Texas RioGrande Legal Aid: Low-income employees can seek free assistance.

Ready to protect your career? If you believe your workplace rights have been violated, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review. We fight for San Antonio employees facing discrimination, retaliation, or wage theft.

Legal Disclaimer: This guide is for informational purposes only and does not create an attorney-client relationship. Laws may change, and deadlines vary depending on individual circumstances. Consult a qualified Texas employment attorney for advice specific to your situation.