Texas Employment Law Guide for San Antonio Employees

11 min read

Introduction: Why Knowing Your Rights in San Antonio Matters

San Antonio’s booming economy—anchored by military installations, health care systems, tourism, and a growing tech scene—relies on more than 1.3 million workers. Yet even in a strong job market, employment disputes can arise. Whether you are a nurse at South Texas Medical Center, a data analyst in the Pearl District, or a hospitality worker on the River Walk, understanding Texas employment law is crucial if your employer fires you without cause, withholds wages, or allows workplace harassment to fester. Texas remains an at-will state, but “at-will” does not mean “anything goes.” Federal statutes like Title VII, the Americans with Disabilities Act (ADA), and the Fair Labor Standards Act (FLSA), along with the Texas Labor Code, give employees clear protections.

This comprehensive guide—written from a worker-centric perspective—explains the law, deadlines, and practical steps you can take after experiencing:

• Wrongful termination or constructive discharge

• Unpaid overtime or minimum-wage violations

• Discrimination based on race, color, sex (including pregnancy and LGBTQ+ status), religion, national origin, age, disability, or genetic information

• Retaliation for whistleblowing or filing a complaint

• Sexual or other forms of workplace harassment

Armed with this knowledge, San Antonio employees can act quickly, preserve evidence, and—when necessary—seek help from an experienced attorney like Louis Law Group.

Understanding Your Employment Rights in Texas

At-Will Employment—But with Limits

Texas follows the at-will doctrine, meaning your employer can fire you for any lawful reason or for no reason at all. However, they cannot terminate you for an illegal reason. Illegal reasons include discrimination, retaliation, refusal to commit an unlawful act (the Sabine Pilot exception), taking protected leave, engaging in union activity, or reporting safety violations.

Protected Classes and Anti-Discrimination Laws

State and federal statutes protect employees from discrimination:

• Title VII of the Civil Rights Act—prohibits discrimination based on race, color, religion, sex, and national origin.

Texas Labor Code Chapter 21—mirrors Title VII and extends protection to employees in Texas workplaces with at least 15 workers. Read the statute at the Texas Labor Code.

• Age Discrimination in Employment Act (ADEA)—covers employees 40 or older.

• Americans with Disabilities Act (ADA)—requires reasonable accommodation for qualified workers with disabilities.

• Genetic Information Nondiscrimination Act (GINA)

If your employer takes adverse action (termination, demotion, cut in hours) because you belong to one of these protected classes, you may have a claim.

Wage and Hour Protections

The FLSA establishes a federal minimum wage ($7.25/hr) and overtime at 1.5 times the regular rate for hours worked over 40 in a workweek. Texas adopts this federal standard. Misclassifying employees as “independent contractors” or “exempt” can lead to unpaid overtime violations. For more, visit the U.S. Department of Labor’s FLSA resource page.

Common Employment Disputes in San Antonio

1. Wrongful Termination

Texas does not recognize a freestanding claim for “wrongful termination,” but you can sue for termination that violates public policy or statutory rights—such as firing you because you filed a safety complaint with OSHA, took FMLA leave, or refused an order to falsify financial records.

2. Retaliation and Whistleblower Claims

Retaliation claims now outnumber discrimination claims nationwide. Under both Title VII and Texas Labor Code §21.055, it is unlawful to punish an employee for opposing discriminatory practices or participating in an EEOC/TWC investigation. Public-sector workers have additional protection under the Texas Whistleblower Act (60-day notice requirement; suit within 90 days after agency decision).

3. Wage and Hour Violations

Common scenarios in San Antonio service and oil-field support industries include:

• Requiring employees to clock out but keep working.

• Illegal tip pooling or tip theft.

• Misclassifying assistant managers as “exempt” to avoid paying overtime.

• Failing to pay prevailing wages on public works projects.

Employees can recover back pay, liquidated damages (double back pay), and attorney’s fees.

4. Workplace Harassment

Harassment becomes unlawful when it is severe or pervasive enough to create a hostile work environment. Under Texas law, employers with one or more employees may be liable for sexual harassment if they fail to take immediate corrective action (Tex. Lab. Code §21.141, amended 2021).

Texas Legal Protections & Complaint Procedures

Key Statutes

• Texas Labor Code Ch. 21 – employment discrimination

• Texas Payday Act – unpaid wages, enforced by the Texas Workforce Commission

• FLSA – federal minimum wage and overtime

• Family and Medical Leave Act (FMLA) – 12 weeks of unpaid leave for covered employees

Filing Deadlines (Statutes of Limitations)

• Discrimination or retaliation (EEOC/TWC): 300 days from the adverse action (federal) or 180 days (state claims) to file a charge.

• Texas Payday Act wage claim (TWC): 180 days from the date wages were due.

• FLSA lawsuit: 2 years (3 years for willful violations) from the last unpaid wage.

• Sabine Pilot wrongful discharge: 2 years.

• Texas Whistleblower Act: 90 days after the agency’s final decision if you are a public employee.

Texas Workforce Commission (TWC) Process

The Texas Workforce Commission investigates wage claims and certain discrimination charges filed concurrently with the EEOC. Once you file a Charge of Discrimination, TWC may:

• Send a copy to your employer requesting a position statement.

• Attempt mediation.

• Issue findings or a Notice of Right-to-Sue. You typically have 60 days (state) or 90 days (federal) to file suit after receiving a right-to-sue letter.

EEOC San Antonio Field Office

San Antonio employees may file in person or online with the local office (part of the Houston District). The EEOC offers free mediation and, in some cases, conciliation. Details are available at the EEOC San Antonio Field Office.

Step-by-Step Action Plan After an Employment Dispute

Document Everything

• Save emails, texts, performance reviews, and timecards.

• Write a timeline of key events while details are fresh.

• Request the Personnel File Under Tex. Lab. Code §52.031, public employees can request their personnel file; private workers may ask via company policy.

• File an Internal Complaint Follow handbook procedures. This shows you gave the employer a chance to fix the issue and strengthens retaliation claims if they ignore you.

Consider Government Filings

• Wage claim → TWC within 180 days.

• Discrimination → EEOC/TWC within 300 days.

• Safety hazard → OSHA complaint within 30 days for whistleblower protection.

• Meet Deadlines Mark all cutoff dates on a calendar. Missing even a single day can bar your claim.

• Consult a Texas Employment Attorney Lawyers can evaluate the merits, calculate damages, and draft demand letters that compel serious settlement talks.

• Preserve Digital Evidence Download cloud email archives and back up phone messages. Avoid deleting social-media posts that could be discoverable.

When to Seek Legal Help in Texas

While some workplace disputes resolve informally, you should call an attorney when:

• You are close to a statute-of-limitations deadline.

• The company’s HR department ignores or retaliates against you.

• The value of lost wages, benefits, or emotional distress is substantial.

• A class or collective action may be appropriate (e.g., widespread overtime violations).

Louis Law Group’s employment team is licensed throughout Texas, including the Western District federal courts. We offer contingency-fee representation—no recovery, no fee. Our lawyers conduct free case evaluations to assess your claims and develop a litigation or settlement strategy.

Local Resources & Next Steps for San Antonio Workers

Texas Workforce Commission San Antonio Office 8930 Fourwinds Drive, Suite 340, San Antonio, TX 78239 EEOC San Antonio Field Office 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229 San Antonio Bar Association Lawyer Referral Service (210) 227-1853

• Texas RioGrande Legal Aid (TRLA)—Free or low-cost representation for qualifying low-income workers.

If you believe your workplace rights have been violated, call Louis Law Group at 833-657-4812 for a free case evaluation.

Disclaimer

This guide provides general information and is not legal advice. Reading it does not create an attorney–client relationship. Deadlines and laws change; consult a qualified lawyer to evaluate your individual situation.