Employment Lawyers Near Me: Houston Texas Rights Guide

Estimated read time: 13 min read

Introduction: Why Houston Employees Must Know Their Rights

Houston is the nation’s energy capital and one of the most diverse labor markets in Texas. From refinery technicians in Baytown to medical professionals in the Texas Medical Center and hospitality staff in Midtown, more than 3.1 million workers keep Houston’s economy humming. Unfortunately, employment disputes—wrongful termination, unpaid wages, discrimination, retaliation, and harassment—can strike any workplace. Understanding Texas employment law and the resources available to you in Houston empowers you to respond quickly, preserve evidence, and protect your livelihood.

Texas follows the at‑will employment doctrine, which means an employer may end the employment relationship for any lawful reason or no reason at all. However, at-will status does not allow employers to terminate or mistreat workers for unlawful reasons such as race, sex, age, disability, national origin, religion, or in retaliation for engaging in protected activity. Both state and federal statutes—including the Texas Labor Code, the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, and the Family and Medical Leave Act (FMLA)—create enforceable rights for Houston employees. This guide, written with a worker-focused lens, breaks down those rights, explains critical deadlines, and outlines practical steps you can take if you suspect an employment law violation.

Understanding Your Employment Rights in Texas

1. At‑Will Employment and Its Limits

While Texas employers generally may discharge workers without notice, they cannot do so for unlawful reasons. Common limitations include:

Statutory Protections — Terminating someone because they belong to a protected class (race, color, national origin, sex, pregnancy, disability, genetic information, age 40+, or religion) violates Texas Labor Code Chapter 21 and Title VII.

• Public Policy Exceptions — Firing a worker for refusing to perform an illegal act or for exercising workers’ compensation rights can give rise to a wrongful termination claim.

• Contractual Employment — Written contracts, collective-bargaining agreements, or offer letters that promise job security or specific termination procedures override at‑will rules.

2. Wage and Hour Rights

Most Houston employees are covered by the FLSA, which sets a federal minimum wage ($7.25/hour) and requires overtime pay of 1.5 times regular wages after 40 hours in a workweek. Texas has adopted the federal minimum wage, and local ordinances generally cannot mandate higher rates due to state preemption.

Key points:

• Non-exempt vs. exempt status — Job duties and salary, not job titles, determine exemption.

• Recordkeeping — Employers must keep payroll records for at least three years.

• Tip credits — Employers may pay tipped employees $2.13/hour if tips raise earnings to the minimum wage; otherwise they must make up the difference.

• Overtime statute of limitations — 2 years to file suit (3 years for willful violations) under 29 U.S.C. § 255.

3. Anti-Discrimination & Harassment Protections

Discrimination is prohibited under both federal law and Chapter 21 of the Texas Labor Code, which mirrors Title VII but applies to employers with 15+ employees (20+ for age discrimination). The same laws prohibit sexual harassment, hostile work environment, and retaliation.

4. Leave Rights

Eligible employees of covered employers are entitled to 12 weeks of unpaid leave under the FMLA for serious health conditions, bonding with a newborn or adopted child, or caring for a qualifying family member. Texas law also protects jury duty leave, military leave, and voting time.

Common Employment Disputes in Houston, Texas

Wrongful Termination

Examples include firings based on protected characteristics, retaliation for reporting safety violations, or termination for filing a workers’ compensation claim (Tex. Lab. Code § 451.001). Houston juries have shown a willingness to award substantial damages when employers act in bad faith, as seen in AutoZone, Inc. v. Reyes, 272 S.W.3d 588 (Tex. 2008).

Retaliation for Whistleblowing

Public employees are protected by the Texas Whistleblower Act and must file suit within 90 days of the retaliatory action. Private-sector workers rely on various federal statutes (OSHA, Sarbanes-Oxley) with their own deadlines.

Denial of Overtime Pay

Misclassification of employees as independent contractors or as exempt managers is rampant in Houston’s oilfield services and restaurant sectors. The U.S. Department of Labor has recovered millions in back wages from local employers. You have up to two years (three for willful violations) to sue.

Workplace Discrimination and Harassment

Texas law requires aggrieved employees to file a Charge of Discrimination with either the EEOC Houston District Office or the Texas Workforce Commission Civil Rights Division within 180 days of the discriminatory act. Dual filing preserves claims under both state and federal statutes.

Unpaid Wages & Final Paychecks

Under Tex. Lab. Code § 61.014, an employer must deliver a final paycheck within six calendar days of termination. Failure triggers administrative penalties and possible attorney’s fees.

Texas Legal Protections & Key Regulations

Texas Labor Code Highlights

• Chapter 21 — Mirrors Title VII; covers discrimination, harassment, retaliation.

• Chapter 61 (Texas Payday Law) — Governs wage payments; enforced by the Texas Workforce Commission.

• Chapter 451 — Prohibits retaliation against employees who file workers’ compensation claims.

• Chapter 52 — Protects jury duty, military leave, and firearms in private vehicles on employer parking lots.

Statutes of Limitation Quick-Reference

• Discrimination/harassment: 180 days to file with EEOC/TWC.

• FLSA overtime or minimum wage: 2 years (3 years willful).

• Workers’ comp retaliation: 2 years from discharge.

• Whistleblower (public employees): 90 days.

• Federal False Claims retaliation: 3 years.

Agency Enforcement

The Texas Workforce Commission (Texas Workforce Commission Employee Rights) investigates wage claims, while the EEOC handles discrimination issues. Houston’s EEOC field office is located at 1919 Smith St., Suite 600, and offers intake appointments Monday–Friday.

Administrative Exhaustion

You generally must file with the appropriate agency before lodging a lawsuit. For discrimination claims, the TWC or EEOC will issue a Notice of Right to Sue; you then have 60 days under state law or 90 days under federal law to file suit in court.

Steps to Take After an Employment Dispute

Document Everything

• Save emails, performance reviews, texts, and audio (Texas is a one-party consent state, so you may legally record conversations if you participate).

• Write a chronology describing each incident with dates, times, and witnesses.

Review Company Policies

• Employee handbooks may outline grievance procedures or mandatory arbitration. Follow internal steps to preserve your claim, but understand that arbitration clauses can sometimes be challenged.

File an Internal Complaint

• Submit a written complaint to HR or a supervisor. Keep proof of delivery (email read receipts, certified mail).

Preserve Digital Evidence

• Forward personal copies of schedules, timesheets, and pay stubs to a secure non-work email. Do not violate confidentiality or trade-secret policies.

Consult an Attorney Early

• Deadlines run quickly. A lawyer can calculate limitations periods and draft agency charges.

File with TWC or EEOC

• Use the agency’s online portals or visit the Houston field office. Provide a concise statement of facts, identify comparators, and request “dual filing” to protect state and federal claims.

Respond to Position Statements

• Agencies often invite rebuttal. Timely responses with supporting documents strengthen your case.

Evaluate Mediation vs. Litigation

• The EEOC’s mediation program is free. Settlements can include back pay, reinstatement, training, and policy changes.

File Civil Suit if Needed

• Upon receiving a Right-to-Sue letter, your attorney files in state or federal court. Jury trials are available for most discrimination, retaliation, and wage claims.

Protect Against Retaliation

• Retaliation for exercising workplace rights is illegal. Document any negative actions post-complaint and report them immediately.

When to Seek Legal Help in Texas

Some disputes can be resolved through HR, but many require experienced counsel. Contact an employment lawyer when:

• You receive a disciplinary write-up you believe is pretextual.

• You’re asked to sign a severance agreement or non-compete that limits future employment.

• You’re unsure which limitations period applies or whether arbitration clauses are enforceable.

• You suspect wage theft, tip pooling violations, or independent-contractor misclassification.

Attorney Licensing: In Texas, lawyers must be licensed by the State Bar of Texas and comply with MCLE requirements. Always verify an attorney’s status using the State Bar’s online database.

Louis Law Group’s employment attorneys have handled hundreds of Houston cases involving discrimination, unpaid overtime, and retaliation, recovering millions in settlements and verdicts. Our team offers free consultations and contingency-fee arrangements—no recovery, no fee.

Local Resources & Next Steps

Texas Workforce Commission – Employee Rights & Laws EEOC Houston District Office U.S. Department of Labor – FLSA Overview Texas Labor Code Chapter 21 Houston Bar Association Lawyer Referral Service

Next Steps: Review the materials linked above, calculate your filing deadlines, and gather documentation. If you believe your rights have been violated, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review. Our attorneys will analyze your claim, outline a strategy, and fight for the compensation you deserve.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently, and outcomes depend on specific facts. Consult a qualified attorney for advice regarding your individual situation.