San Antonio Texas Employment Law Guide: Know Your Rights

Estimated read time: 12 min read

Introduction: Why San Antonio Workers Need to Understand Texas Employment Law

San Antonio is one of Texas’s fastest-growing cities, home to major employers such as USAA, H-E-B, and Joint Base San Antonio. While these organizations power the local economy, workplace disputes still arise—whether it is denial of overtime, sudden termination after reporting harassment, or retaliation for whistleblowing. Because Texas is an at-will employment state, many workers believe they have little recourse. That is not true. Federal statutes—like the Fair Labor Standards Act (FLSA) and Title VII of the Civil Rights Act—plus Texas-specific protections under the Texas Labor Code create enforceable rights for employees across Bexar County and surrounding areas.

This guide equips San Antonio employees with actionable information on wrongful termination, wage and hour violations, discrimination, retaliation, and workplace harassment. You will learn the relevant deadlines, the agencies that enforce your rights, and concrete steps to preserve your claims. If you suspect your rights have been violated, the experienced team at Louis Law Group can help you navigate the process. Call 833-657-4812 for a free case evaluation.

Understanding Your Employment Rights in Texas

Texas At-Will Employment—But With Exceptions

Texas follows the at-will doctrine: employers may terminate employees for any reason or no reason—unless the motivation is illegal. Key exceptions include:

• Termination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, or genetic information.

• Termination for refusing to commit an unlawful act.

• Termination in retaliation for filing a workers’ compensation claim or reporting legal violations (whistleblowing).

Protected Classes Under Federal and Texas Law

Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) cover most San Antonio employers with 15 or more employees (20 for age claims). Texas Labor Code Chapter 21 mirrors these protections, creating a state cause of action that runs alongside federal claims.

Wage and Hour Basics

The Texas Workforce Commission (TWC) enforces state wage laws, but the federal FLSA sets the minimum wage ($7.25/hour) and overtime (time-and-a-half after 40 hours) for most employees. San Antonio employers in hospitality, retail, and logistics frequently misclassify workers as “independent contractors” or “exempt” to avoid paying overtime, a practice the Department of Labor (DOL) can investigate.

Federal Protections That Also Apply in Texas

• FMLA: Up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons (50+ employees).

• USERRA: Reemployment rights for military personnel, a critical issue given San Antonio’s large military community.

• OSHA: Safe workplace standards; retaliation for reporting safety violations is forbidden.

Common Employment Disputes in Texas

1. Wrongful Termination

In Texas, “wrongful” termination occurs when the discharge violates a specific law or public policy. Examples include firing an employee who files a discrimination complaint or refuses to engage in illegal conduct. Recent Fifth Circuit cases (e.g., Huerta v. HEB Grocery Co., 2022) reinforce that employers cannot mask discriminatory motives behind layoffs.

2. Wage and Hour Violations

Overtime disputes are rampant in San Antonio’s service and oil-field support sectors. Common employer tactics:

• Misclassifying non-exempt workers as salaried exempt.

• Off-the-clock work, such as mandatory pre-shift meetings.

• Tip pooling that illegally includes managers or supervisors.

3. Discrimination and Harassment

Despite progress, EEOC statistics show Texas consistently ranks among the top five states for discrimination charges. Harassment based on gender or national origin is frequently reported in hospitality and manufacturing workplaces around San Antonio.

4. Retaliation for Whistleblowing

Employees who report wage theft, safety hazards, or Medicare fraud (in the city’s robust healthcare sector) are protected under federal and state anti-retaliation statutes. Retaliation claims comprise >50% of EEOC filings nationwide.

Texas Legal Protections & Regulations

Key Statutes and Agencies

• Texas Labor Code §21.051: Prohibits employment discrimination; enforced by the TWC Civil Rights Division and the EEOC.

• Texas Labor Code §451.001: Protects employees from retaliation for filing workers’ comp claims (180-day deadline to sue).

• FLSA (29 U.S.C. §201 et seq.): Governs minimum wage and overtime (2-year statute, 3 years if willful violation).

You can review the statute text at Texas Labor Code Chapter 21.

How the EEOC and TWC Work Together

Texas is a “deferral” state. Filing a charge with either the EEOC or the TWC within 180 days satisfies both agencies because of a work-sharing agreement. For federal claims, the deadline may extend to 300 days if a state or local agency enforces a similar law—but do not rely on the longer time frame; file early.

Deadlines at a Glance

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

• FLSA Wage Theft: 2 years (3 for willful) to file in court.

• Workers’ Comp Retaliation: 180 days to file suit.

• OSHA Retaliation: 30–180 days depending on statute (most are 30).

Agency Enforcement Powers

• EEOC: Investigates, mediates, and may sue on your behalf. San Antonio falls under the EEOC San Antonio Field Office.

• TWC Civil Rights Division: Can issue “right-to-sue” letters for state claims.

• DOL Wage & Hour Division: Recovers back pay and liquidated damages for FLSA violations.

Steps to Take After an Employment Dispute

1. Document Everything

Preserve emails, text messages, performance reviews, and pay records. In Texas, you may record conversations if one party (you) consents—but check company policies before recording in the workplace.

2. Follow Internal Complaint Procedures

Many employers have grievance or open-door policies. Timely complaint filing shows you gave the company a chance to fix the problem, strengthening your case.

3. File with the Appropriate Agency

• Discrimination or Harassment: Contact the EEOC or TWC Civil Rights Division. You can start online, by mail, or in person at the EEOC San Antonio Field Office.

• Unpaid Wages: File a wage claim with TWC within 180 days of the due date, or submit a complaint to the DOL. For larger unpaid amounts, consider filing directly in federal court.

• Retaliation for Safety Complaints: File whistleblower complaints with OSHA within 30 days.

4. Keep Deadlines in Sight

Mark the earliest potential deadline on your calendar and count backward two weeks as a personal filing goal. If you wait until the last minute, you risk mailing delays or online portal outages.

5. Consult a Texas Employment Attorney

Agency processes can take months. A lawyer can monitor your charge, negotiate settlements, and file in court once you receive—or when you need to request—a “right-to-sue” letter.

When to Seek Legal Help in Texas

While some disputes resolve internally, others require immediate legal action—especially if you face imminent termination, severe harassment, or large wage losses. You should consult an attorney when:

• Your employer retaliates after you complain or take protected leave.

• The EEOC issues a “no cause” finding and you have 90 days to sue.

• You suspect systemic discrimination affecting multiple employees.

• You need to negotiate a severance agreement that waives claims.

Texas lawyers must be licensed by the State Bar of Texas and follow the Texas Disciplinary Rules of Professional Conduct. Louis Law Group’s employment team is fully licensed in Texas state and federal courts, including the U.S. District Court for the Western District of Texas (San Antonio Division).

Local Resources & Next Steps

Government Agencies Serving San Antonio

• EEOC San Antonio Field Office: 5410 Fredericksburg Road, Suite 200; Phone: 800-669-4000.

• TWC Office of the Commissioner Representing Labor: 101 E. 15th Street, Austin; remote intake available for Bexar County workers.

• DOL Wage & Hour Division—San Antonio District: 727 E. Durango Blvd., B-406.

Legal Aid and Professional Associations

Low-income employees may seek help from Texas RioGrande Legal Aid or the San Antonio Bar Association Lawyer Referral Service (210-227-1853).

Action Checklist

• Gather documentation (pay stubs, performance reviews, complaint emails).

• Check the earliest applicable deadline (180 days for discrimination).

• File agency charge or wage claim.

• Contact an employment attorney for strategy and representation.

• Maintain confidentiality—avoid social media posts about your case.

Ready to Protect Your Rights?

If you believe your workplace rights have been violated, call 833-657-4812 for a free case evaluation. Louis Law Group will review your facts, explain your options under Texas and federal law, and pursue maximum compensation.

Legal Disclaimer: This guide provides general information and is not legal advice. Laws change, and application depends on individual facts. Reading this material does not create an attorney–client relationship with Louis Law Group. For advice about your situation, consult a qualified Texas employment attorney.

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