TEXAS EMPLOYMENT LAW
Employment Law (also commonly referred to as Labor Law) covers most matters relevant to the employer-employee relationship. Wrongful termination, discrimination at the workplace, health and safety, wages and hours, disability law and hiring and termination practices are just a few of the matters covered under the umbrella of employment law. The Texas Workforce Commission deals with employment law complaints and cases in Texas.
Discrimination in the workplace, wrongful termination and harassment are issues that should be handled by a Texas employment attorney because of their multifaceted nature and the requirement for a good amount of evidence. However, getting assistance from a Texas employment lawyer is more often than not a good idea, especially if you have questions that must be answered.
Why Hire A Texas Employment Attorney?
The interplay in Texas wrongful termination and employment law between federal and state laws is quite complicated, and must be thoroughly researched and contended for a victorious result. A Texas employment lawyer can aid you in filing a claim for unpaid wages, file your claim for wrongful termination, structure your discrimination complaint against your boss, and help you decide if you have a claim worth pursuing so you do not squander time and money filing a trivial claim.
Moreover, wrongful termination cases in Texas may be challenging for a past employee because they require talking to and dealing with his former employer. A Texas wrongful termination attorney can act as an intermediary between the worker and his former boss, and can advise the employee on his best course of action. In addition, a Texas employment lawyer can help you file a claim with the Texas Workforce Commission if your case requires such action.
Wrongful Termination In Texas
Employment in Texas is "at-will." Because employment is "at-will," an employer can fire an employee for any reason unless the reason is illegal, and at any time. In most states, if an employee has an employment contract that specifies terms for termination, the employer can only fire the worker according to those terms. But, in Texas, even if there is such an employment contract, in most cases the presumption of at-will employment will still govern, unless the employment contract directly limits, in a specific way, the employer's right to terminate without reason or cause.
If an employer's firing of a Texas employee is discriminatory or generally illegal, the employee may file a wrongful termination claim. Illegal reasons to terminate a Texas worker include:
Direct your questions at a Texas wrongful termination attorney if you believe you have a case for wrongful termination against your employer.
Firing an employee based on discriminatory reasons can be the basis for wrongful termination in Texas, as mentioned above. If someone is experienced and qualified for a position, but is either not hired or is fired because he is over age 40 or disabled, the employee may have a case that his employer's actions were discriminatory. Additionally, pregnancy, if seen by the employer as a disability, may not be the reason for termination. Similarly, if an employer bases his termination of a worker on sex, race, national origin or religion, the worker may have a case for wrongful termination. Consult a Texas wrongful termination attorney about your case if you want a positive result.
Employee Wage/Hour Concerns in Texas
The Texas minimum wage rate is $7.25 an hour. Wages in Texas must be paid semi-monthly. If your boss does not pay your wages when he is supposed to do so, you should ask a Texas employment attorney to help you submit a written "Wage Claim" with the Texas Workforce Commission, Labor Law Section.
As directed by federal law in the Fair Labor Standards Act employees who work more than 40 hours a week are entitled to overtime pay (1.5 times their normal wages) for each hour worked over 40. Any employer mandated overtime work is allowed, so long as the worker receives overtime pay for the extra hours. If you seek to make a claim for unpaid overtime with the Texas Workforce Commission, you should speak with a Texas employment law attorney. A Texas employment lawyer can answer questions about employee wages, and/or file a claim for unpaid wages or unpaid overtime.
Texas Employment Benefits
Texas and federal laws do not mandate that employers provide meal breaks, rest breaks, sick leave, paid vacation days, life insurance or medical benefits to their employees. In addition, Texas does not have a law mandating short-term disability or maternity leave. However, the federal Family and Medical Leave Act (FMLA) requires that an expectant mother receive 12 weeks of unpaid maternity leave.
According to Texas disability law, workers who develop occupational illnesses or injures may receive compensation for their injuries according to the kind of injury or disease suffered. But, please remember that if you were not injured or did not become ill on-the-job, Texas does not provide short term disability benefits.
If you have been injured at work, or because of work become ill or injured, contact a Texas workers' compensation attorney to help you with your case. Additionally, a Texas employment lawyer can assist you in understanding the way federal and Texas State Law interact and apply to your case.
Texas Employment and Labor Law Statutes
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