San Antonio Guide to Texas Employment Law & Your Rights

13 min read

Introduction: Why Knowing Your Rights Matters in San Antonio

Whether you work in one of San Antonio’s booming healthcare systems, the growing cybersecurity sector, or the hospitality corridor along the River Walk, understanding your workplace rights is critical. Texas is an “at-will” employment state, meaning your employer can terminate you for any lawful reason—or no reason at all—unless that reason violates a specific statute or public policy. Unfortunately, at-will status often inspires confusion and fear among employees who experience wrongful termination, unpaid overtime, discrimination, retaliation, or harassment. This comprehensive guide explains how Texas employment law in San Antonio protects you, what deadlines apply, and the precise steps you should take to safeguard your livelihood and future career. While the information here leans slightly toward the worker’s perspective, it remains grounded in the Texas Labor Code, federal statutes such as the Fair Labor Standards Act (FLSA), and rulings from Texas courts.

If at any point you suspect your employer broke the law, Louis Law Group can help you navigate the complaint process, negotiate a settlement, or file suit. If you believe your workplace rights have been violated, call 833-657-4812 for a free case evaluation.

Understanding Your Employment Rights in Texas

1. At-Will Employment—But With Boundaries

Under Texas common law, at-will employees can be terminated for any reason that isn’t expressly illegal. The key exceptions include:

• Termination that violates federal or state anti-discrimination laws (race, color, religion, sex—including pregnancy and sexual orientation—national origin, age 40+, disability, or genetic information).

• Retaliation for protected activities such as filing a wage complaint or reporting safety violations.

• Dismissal for refusal to commit illegal acts (the Sabine Pilot doctrine).

• Terminations that breach an employment contract or collective bargaining agreement.

2. Wage and Hour Protections

Texas employees are covered by the FLSA and Chapter 62 of the Texas Labor Code. Key points:

• Minimum Wage: The state adopts the federal minimum of $7.25/hour. Local governments in Texas cannot mandate a higher minimum wage.

• Overtime: Non-exempt employees are entitled to 1.5 times their regular rate for hours worked over 40 in a workweek.

• Payday Law: Employers must pay exempt employees at least once a month and non-exempt employees at least twice a month (Texas Labor Code §61).

• Final Paychecks: Must be delivered within six calendar days after discharge, or by the next payday if the employee quits.

3. Anti-Discrimination & Harassment Protections

Federal statutes (Title VII, ADA, ADEA, GINA) and Chapter 21 of the Texas Labor Code prohibit discrimination against protected classes. Texas applies the same framework as the Equal Employment Opportunity Commission (EEOC) but covers employers with 15 or more employees (same as federal law, except age discrimination requires 20 employees federally).

4. Protected Leave

Texas does not have a paid sick leave mandate, but San Antonio employers with 50+ employees must comply with the federal Family and Medical Leave Act (FMLA). Additionally, the Texas Labor Code provides job-protected leave for jury duty, military service, and certain crime victims.

5. Whistleblower Safeguards

Public employees are protected by the Texas Whistleblower Act. Private-sector employees may rely on federal statutes (OSHA, Sarbanes-Oxley) and the common-law public policy exception. Retaliation claims must be filed within 90 days for some statutes, so act quickly.

Common Employment Disputes in Texas Workplaces

The following disputes most frequently arise in the San Antonio region:

• Wrongful Termination – Being fired for discriminatory reasons, in retaliation, or for refusing to commit an unlawful act.

• Unpaid Overtime & Wage Theft – Misclassification as exempt, forced off-the-clock work, or employer deductions that cut into minimum wage.

• Workplace Discrimination – Differential treatment in hiring, promotion, or discipline based on protected characteristics.

• Sexual Harassment – Unwelcome conduct that is severe or pervasive, creating a hostile work environment or involving quid pro quo demands.

• Retaliation – Adverse action for engaging in protected activities such as filing an EEOC charge or cooperating in an investigation.

San Antonio’s diverse workforce makes cultural competency paramount. Employers who ignore DEI training often see spikes in Title VII claims. Bexar County courts have also imposed punitive damages where employers failed to remedy proven harassment, underscoring the legal and financial stakes.

Texas Legal Protections & Regulations

Key Statutes and Agencies

Texas Labor Code – Governs wages, child labor, and discrimination (full text). Texas Workforce Commission (TWC) – Administers wage claims and investigates employment discrimination under work-share with the EEOC (official website). EEOC Dallas District Office (covers San Antonio) – Enforces federal anti-discrimination statutes (contact information). U.S. Department of Labor (DOL) – Oversees FLSA compliance (Wage and Hour Division).

Filing Deadlines (Statutes of Limitation)

• Discrimination/Harassment: 180 days with TWC; 300 days with EEOC if dual-filed.

• Wage Claims with TWC: 180 days from the date wages were due.

• FLSA Action in Court: 2 years (3 years for willful violations).

• Retaliation under OSHA: 30 days; other statutes vary (some as short as 90 days).

• Sabine Pilot Wrongful Discharge: 2 years.

Texas Workforce Commission Process

• Submit a Wage Claim online or via mail within 180 days.

• TWC Investigation – Examiner contacts employer for records.

• Preliminary Decision – Either party may appeal to the TWC Civil Rights Division or request a rehearing.

• Judicial Review – File in civil court within 30 days of the final TWC decision.

For discrimination complaints, TWC Civil Rights Division acts as a Fair Employment Practices Agency (FEPA) with the EEOC. Filing with one typically satisfies deadlines for both, but confirm dual-filing on your intake form.

Steps to Take After an Employment Dispute

Time is of the essence. Follow these structured steps to protect your claim, evidence, and future employment prospects:

1. Document Everything

• Save emails, chats, performance reviews, timesheets, and pay stubs.

• Record dates, witnesses, and direct quotes of discriminatory or retaliatory comments.

• Keep a daily journal of incidents; contemporaneous notes carry weight in court.

2. Review Employer Policies

Most Texas courts expect employees to exhaust internal remedies, especially for harassment claims. Obtain the employee handbook, anti-harassment policy, and grievance procedures.

3. Report Internally (If Safe)

• Notify HR or your immediate supervisor in writing.

• Request a receipt confirmation.

• Keep a copy outside the office—cloud storage or personal email.

If you fear immediate retaliation or have already been terminated, skip to Step 4 and contact legal counsel.

4. File Administrative Charges

• Discrimination/Harassment: File with TWC Civil Rights Division or EEOC within 180/300 days, respectively.

• Wage Theft: File a TWC Wage Claim or a DOL complaint within 2 or 3 years, depending on willfulness.

• Retaliation & Whistleblower: Deadlines vary; consult counsel immediately.

5. Preserve Digital Evidence

Download payroll portals, Slack messages, and any surveillance footage you can legally access. Do not violate company policy or data-privacy laws; taking proprietary documents can backfire.

6. Mitigate Damages

Court awards can be reduced if you fail to seek comparable employment after termination. Keep records of job applications to show diligence.

7. Consult an Attorney Promptly

An experienced Texas employment attorney will assess your case merits, calculate potential damages, and warn you about pitfalls (e.g., arbitration clauses). Early guidance often leads to faster settlements.

When to Seek Legal Help in Texas

You may handle some disputes through HR or the TWC, but certain red flags require immediate counsel:

• Termination immediately after you complained of discrimination or safety violations.

• Employer demands you sign a severance agreement with a broad release of claims within days.

• Systemic wage theft involving multiple employees—class or collective action may apply.

• Severe sexual harassment by top management; employer liability is higher and evidence handling is critical.

• Complicated disability accommodations or FMLA interference.

Louis Law Group represents San Antonio workers in negotiations, administrative hearings, and state or federal litigation. Our attorneys are licensed by the State Bar of Texas and admitted in the U.S. District Courts for the Western District of Texas, which covers Bexar County. We offer contingency-fee arrangements in many employment cases, meaning you pay no attorney’s fees unless we recover compensation for you.

Call 833-657-4812 today for a free, confidential consultation.

Local Resources & Next Steps for San Antonio Employees

Texas Workforce Commission – San Antonio Office 4100 E. Piedras Dr., Suite 150, San Antonio, TX 78228 Phone: 210-258-6600 EEOC San Antonio Field Office (within Dallas District) 5410 Fredericksburg Rd., Suite 200, San Antonio, TX 78229 Appointment line: 1-800-669-4000 San Antonio Bar Association Lawyer Referral Service – (210) 227-1853 (website)

• Legal Aid of NorthWest Texas – San Antonio Branch – Free or low-cost representation for qualifying employees.

• OSHA San Antonio Area Office – (210) 472-5040 for safety complaints.

Remember, strict filing deadlines apply. Even the strongest case can be lost if you miss a statutory cutoff. Reviewing your situation with counsel early ensures you meet every requirement, preserve evidence, and maximize potential recovery—including back pay, front pay, emotional distress, punitive damages, attorney’s fees, and court costs where authorized.

Disclaimer

This guide provides general information about Texas employment law in San Antonio. It is not legal advice and does not create an attorney-client relationship. Laws change, and outcomes depend on specific facts. Always consult a qualified attorney regarding your individual circumstances.

Take Action Now

Employment disputes rarely resolve themselves. Proactive steps today can protect your career and financial future tomorrow. 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.