Guide to Texas Employment Law in San Antonio – Know Your Rights

13 min read

Introduction: Why Knowing Your Rights Matters in San Antonio

Whether you work on the bustling River Walk, at one of San Antonio’s five military installations, or in the headquarters of H-E-B or USAA, understanding Texas employment law is critical. San Antonio’s job market combines hospitality, healthcare, tech, and defense—industries that each present unique workplace challenges. From tipped-wage servers worried about unpaid overtime to tech developers facing non-compete threats, local employees share one need: clear, actionable guidance when disputes arise. This guide explains your rights under Texas and federal law, outlines the complaint process, and describes when to involve an attorney. While Texas is an at-will state—and employers often remind workers of that fact—state and federal statutes still protect you from discrimination, retaliation, wage theft, and harassment. If any of these issues affect you, the steps below can help safeguard your job, earnings, and reputation.

Understanding Your Employment Rights in Texas

At-Will Employment—But Not a Blank Check

Texas follows the at-will doctrine: either you or your employer may terminate employment at any time, for almost any reason. However, there are important exceptions:

• Contractual promises (written, oral, or implied) can override at-will status.

• Termination cannot violate statutes protecting against discrimination, retaliation, or whistle-blowing.

• Employers cannot require you to perform illegal acts as a condition of employment.

Protected Classes Under Federal and State Law

Under Title VII of the Civil Rights Act, the ADA, ADEA, and the Texas Labor Code, employers with at least 15 employees may not discriminate based on:

• Race, color, national origin

• Religion

• Sex, pregnancy, sexual orientation, or gender identity

• Disability (physical or mental)

• Age (40+)

• Genetic information

Wage and Hour Protections

The Fair Labor Standards Act (FLSA) sets federal minimum wage ($7.25) and overtime (1.5× for hours over 40). Texas does not impose a higher state minimum. In San Antonio’s service industry, employers must ensure that tips plus cash wages equal at least $7.25/hour. Shortfalls are wage theft.

Additional Federal Protections

• Family and Medical Leave Act (FMLA): up to 12 weeks of unpaid, job-protected leave for eligible workers.

• OSHA: right to a safe workplace, including COVID-19 protections and anti-retaliation rules.

Common Employment Disputes in Texas

San Antonio workers most frequently report the following problems:

• Wrongful Termination: Being fired for discriminatory reasons, retaliation, or refusal to engage in illegal conduct. Although Texas is at-will, terminations violating statutes or contracts are unlawful.

• Wage & Hour Violations: Misclassification as “independent contractor,” denial of overtime, illegal tip-pooling, and off-the-clock work requests.

• Workplace Discrimination: Unequal pay, failure to promote, or hostile work environment based on a protected trait.

• Retaliation or Whistle-blower Reprisal: Adverse actions after reporting safety issues, wage theft, or discrimination.

• Harassment: Severe or pervasive conduct that creates a hostile environment. Sexual harassment remains prevalent, particularly in hospitality and healthcare.

Recent local example: In Williams v. Valero Energy Corp. (W.D. Tex. 2022), the court denied summary judgment to an employer where evidence suggested race-based termination. The case illustrates how federal courts scrutinize employer motives, even in at-will contexts.

Texas Legal Protections & Regulations

Texas Labor Code & Related Statutes

The Texas Labor Code, Chapters 21 and 61, track many federal protections. Chapter 21 prohibits discrimination and empowers the Texas Workforce Commission – Civil Rights Division (TWC-CRD) to investigate complaints.

Enforcement Agencies

Texas Workforce Commission (TWC): Wage claims (official website), unemployment appeals, discrimination investigations via CRD. Equal Employment Opportunity Commission (EEOC): Federal discrimination enforcement. San Antonio residents file with the San Antonio Field Office, part of the EEOC Dallas District.

• U.S. Department of Labor, Wage & Hour Division (WHD): FLSA, FMLA, and federal contractor compliance.

Key Filing Deadlines (Statutes of Limitations)

• Discrimination & Harassment (TWC-CRD): 180 days from the adverse act.

• Discrimination (EEOC): 300 days if first filed with TWC; 180 days otherwise.

• FLSA Wage Claims: 2 years (3 for willful violations).

• Retaliation under Texas Labor Code § 451 (workers’ compensation): 2 years.

• OSHA whistle-blower: as little as 30 days—act quickly.

Administrative Exhaustion Requirement

For discrimination claims, you must first file a Charge of Discrimination with TWC or EEOC before suing. Once the agency issues a “Notice of Right to Sue,” you have 60 (state) or 90 (federal) days to file in court.

Steps to Take After an Employment Dispute

1. Document Everything

• Keep copies of pay stubs, schedules, emails, and text messages.

• Maintain a contemporaneous journal of events, noting dates, times, and witnesses.

• Store documents on a personal device or cloud, not your employer’s equipment.

2. Review Employer Policies

Handbooks often contain grievance procedures. Following them shows good faith and may strengthen a later legal case.

3. File Internal Complaints Promptly

Report discrimination or wage concerns to HR in writing. This creates a paper trail and may stop the misconduct. If the company fails to act, you have stronger retaliation claims.

4. Preserve Digital Evidence

Before leaving a company laptop, email critical files (pay records, performance reviews) to your personal account if policies permit. Do not take proprietary or confidential business data.

5. Submit Administrative Charges

• TWC Wage Claim: File Form LL-1 within 180 days of the wage due date.

• Charge of Discrimination: File online, by mail, or in person with TWC-CRD/EEOC. Dual-filing covers both agencies.

• OSHA Complaint: Call 800-321-OSHA or file online within 30 days for retaliation.

6. Attend Agency Investigations

You may be asked for additional documents or mediation. Cooperation can expedite resolution, but you are not required to accept settlement offers. Consult counsel before signing.

7. Consider Civil Litigation

If administrative relief fails, you may sue for back pay, front pay, emotional distress, and attorneys’ fees. Jury trials are available for Title VII claims.

When to Seek Legal Help in Texas

While self-representation is possible in agency proceedings, complex cases benefit from experienced counsel. Consult an attorney immediately if:

• You are about to miss a filing deadline.

• Your employer retains aggressive defense counsel.

• You are asked to sign a severance or arbitration agreement.

• You face potential defamation or non-compete disputes.

Texas attorneys must be licensed by the State Bar of Texas and in good standing. The San Antonio Bar Association offers a lawyer referral service (learn more), but specialized employment counsel provide deeper expertise. How Louis Law Group Can Help

• Evaluate wrongful termination and discrimination claims.

• Audit wage and hour records to uncover unpaid overtime.

• Negotiate severance packages and non-disclosure terms.

• Litigate aggressively in Bexar County, federal courts, or arbitration.

Local Resources & Next Steps

Government & Non-Profit Aid

• TWC San Antonio Workforce Solutions Office: In-person wage claim assistance and unemployment appeals.

• EEOC San Antonio Field Office: 5410 Fredericksburg Rd., Suite 200.

• Centro de Justicia Laboral: Spanish-language support for low-wage workers.

• St. Mary’s University School of Law Clinic: Free or low-cost representation for qualifying residents.

Checklist Before Calling an Attorney

• Gather employment documents (contract, handbook, pay stubs).

• Write a concise timeline of events.

• List witnesses and their contact information.

• Estimate lost wages and out-of-pocket expenses.

Disclaimer: This guide provides general information and does not create an attorney-client relationship. Laws change, and individual circumstances vary. Always consult a qualified lawyer for personalized advice.

CTA – Take Action Now

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. Protect your career, your income, and your future—starting today.