Texas Employment Law Guide for San Antonio Workers

13 min read

Introduction: Why Knowing Your Rights Matters in San Antonio, Texas

San Antonio’s diverse economy—anchored by health care, military installations, tourism, and a fast-growing tech sector—employs hundreds of thousands of workers. Yet even in this vibrant market, employment disputes are common. Wrongful termination, unpaid overtime, discrimination, retaliation, and workplace harassment can derail careers and finances. Understanding Texas employment law and the specific procedures that apply in Bexar County empowers you to respond quickly and effectively. This guide explains the key protections available to San Antonio employees, the steps you must follow to preserve your claims, and how an experienced attorney can advance your interests.

Understanding Your Employment Rights in Texas

1. Texas Is an At-Will State—With Important Exceptions

Under at-will employment, either party may end the relationship at any time for almost any reason. However, Texas and federal law carve out critical exceptions. An employer cannot terminate or discipline you for:

• Refusing to commit an illegal act (public-policy exception recognized in Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)).

• Protected characteristics such as race, sex (including pregnancy and sexual orientation), national origin, religion, disability, age (40+), or genetic information.

• Taking protected leave under the Family and Medical Leave Act (FMLA) or requesting reasonable accommodation under the Americans with Disabilities Act (ADA).

• Reporting discrimination, safety violations, or wage theft.

2. Wage and Hour Protections

The federal Fair Labor Standards Act (FLSA) guarantees a minimum wage of $7.25 and overtime pay (1.5×) for hours over 40 in a workweek unless you fall within a narrow exemption. Texas has not adopted a higher state minimum wage, so the federal rate controls.

Texas’ Payday Law (Tex. Labor Code §§ 61.001–.095) requires timely payment of earned wages. Employees have 180 days from the scheduled payday to file a wage claim with the Texas Workforce Commission (TWC).

3. Anti-Discrimination Statutes

The Texas Commission on Human Rights Act (TCHRA), codified in Tex. Labor Code Chapter 21, mirrors federal Title VII, the ADA, and the Age Discrimination in Employment Act (ADEA). The law applies to private employers with at least 15 workers (20 for age claims) and to all public employers.

• Charge deadline: 180 days with the TWC Civil Rights Division; 300 days for a dual EEOC filing.

• Right-to-sue letter: Required before you may file a civil action.

Common Employment Disputes in Texas

Wrongful Termination

Because Texas is at-will, the term “wrongful termination” only applies when the firing violates statute, contract, or public policy. Examples include dismissal for jury duty, military service, or asserting overtime rights. In San Antonio, military-related terminations can implicate USERRA due to the city’s large veteran and active-duty population.

Retaliation and Whistleblowing

Both the TCHRA and federal laws bar retaliation for protected activity (filing a charge, opposing discrimination, etc.). Public-sector employees may also invoke the Texas Whistleblower Act, which requires suit within 90 days of the employer’s final adverse action.

Overtime and Wage Theft

Recent Department of Labor audits show that service and hospitality employers in Bexar County frequently misclassify workers as “independent contractors” or “exempt.” If you are shorted on overtime or final pay, you can:

• File a TWC wage claim (within 180 days).

• Submit an FLSA complaint to the U.S. Department of Labor’s Wage and Hour Division.

• Bring a private FLSA lawsuit (2-year statute, 3 years if willful).

Discrimination and Harassment

Unlawful harassment becomes actionable when it is severe or pervasive enough to alter the terms and conditions of employment. San Antonio’s multicultural workforce means national origin discrimination and English-only policies remain hot issues. City employees additionally benefit from San Antonio’s Non-Discrimination Ordinance, which extends protection to sexual orientation and gender identity.

Texas Legal Protections & Regulations

1. Texas Labor Code and Administrative Bodies

Key state statutes include:

• Chapter 21 (TCHRA): discrimination, harassment, and retaliation claims.

• Chapter 61 (Payday Law): unpaid wages.

• Chapter 451: workers’ compensation retaliation (must sue within 2 years of the adverse action).

The TWC adjudicates wage claims and investigates Chapter 21 charges through its Civil Rights Division.

2. Equal Employment Opportunity Commission (EEOC)

San Antonio residents fall under the EEOC’s Dallas District Office, San Antonio Field Office (5410 Fredericksburg Rd., Suite 200). You typically have 300 days from the discriminatory act to file. Dual filing with the TWC preserves both state and federal remedies.

3. Statutes of Limitation at a Glance

• Discrimination (state): 180 days to the TWC.

• Discrimination (federal): 300 days to the EEOC.

• Texas Payday Law: 180 days from the missed payday.

• FLSA: 2–3 years to file suit.

• Workers’ Comp Retaliation: 2 years.

• OSHA retaliation: 30 days.

4. Recent Texas Case Law

Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010) reaffirmed that common-law negligence claims for sexual harassment are pre-empted by statutory remedies under Chapter 21. Meanwhile, Alamo Heights ISD v. Clark, 544 S.W.3d 755 (Tex. 2018) clarified the burden-shifting framework in same-sex harassment cases—important for San Antonio’s public schools.

Steps to Take After an Employment Dispute

1. Preserve Evidence Immediately

• Document events: Keep a contemporaneous log of dates, times, witnesses, and offending statements or actions.

• Secure pay records: Paystubs, schedules, emails confirming hours, and tip sheets are crucial for wage claims.

• Save communications: Texts, Slack messages, and voicemails often reveal discriminatory intent.

• Follow internal policies: Report harassment per the employee handbook; failure may limit damages under Faragher-Ellerth defenses.

2. File the Appropriate Administrative Charge

For discrimination or retaliation, you must first file with the TWC or EEOC. Provide concise facts, protected characteristic or activity, and requested relief. You can submit online, by mail, or in person at the San Antonio Field Office.

3. Cooperate with the Investigation

Investigators may request documents, affidavits, or interviews. Respond promptly. Mediation is voluntary but can yield quick settlements; however, do not accept offers without understanding full value, including lost wages, future earnings, and attorney’s fees.

4. Meet All Deadlines

If you receive a Notice of Right to Sue, calendar the 90-day federal or 60-day state filing window immediately. Missing these cutoffs usually ends your claim.

5. Consider Parallel Claims

Example: an overtime misclassification may also involve retaliation if the employer fires you after you complain. An experienced attorney will coordinate FLSA, TCHRA, and common-law claims for maximum recovery.

When to Seek Legal Help in Texas

While self-representation is permitted, employment statutes contain procedural traps. You should consult counsel when:

• Your income, benefits, or professional license are at stake.

• The employer has outside counsel or HR aggressively defending the company.

• You are asked to sign a severance, non-compete, or arbitration agreement.

• The case involves overlapping federal and state claims or collective actions.

Texas attorney licensing: Lawyers must be admitted to the State Bar of Texas and, for federal claims, to the U.S. District Court for the Western District of Texas (San Antonio Division). Always verify standing and disciplinary history through the State Bar of Texas website. The Louis Law Group focuses on employee-side advocacy. From negotiating severance packages to litigating complex wage-and-hour class actions, our attorneys stand ready to protect San Antonio workers.

Local Resources & Next Steps

Texas Workforce Commission – File wage claims and discrimination charges; access free claim navigators. EEOC San Antonio Field Office – Submit Title VII, ADA, or ADEA charges. San Antonio Bar Association Community Justice Program – Low-cost legal clinics for qualifying employees. Texas Labor Code Chapter 21 – Full statutory text for discrimination protections.

Next Steps:

• Identify the type of violation and corresponding deadline.

• Gather supporting documents and witness contact information.

• File your administrative charge or wage claim on time.

• Consult an attorney to evaluate settlement versus litigation.

• Follow medical or counseling recommendations if harassment caused emotional distress—these records support damages.

DISCLAIMER: This guide is for educational purposes only and does not create an attorney-client relationship. Laws change frequently; consult qualified counsel about your specific situation.

Free Case Evaluation—Call Today

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. Our San Antonio employment attorneys are committed to leveling the playing field for Texas workers.