Texas is an "employment at will" state, which means that employers can hire and fire at will any employee for almost any reason. The only restrictions on the employer’s discretion is federal law imposed on the state by the U.S. Constitution that prohibits discrimination based upon sex, age, religion and race. The State of Texas has also carved out a couple of limitations, as well, in that employer’s cannot fire an employee for reporting criminal activity or because the employee has filed for workers compensation. Outside these very limited situations, an employer can fire an employee for the color of his hair, her weight, facial expressions or other non-job related concerns.
Although they can be fired, if employees are terminated for non-job performance issues (such as weight), then employees will likely qualify and receive Unemployment Compensation if an application is filed by an employee with the Texas Workforce Commission (TWC). The TWC is also the entity to contact if an employee believes he or she is not getting paid promptly or properly.
For injuries on the job, employees should call the Texas Worker’s Compensation Commission. The Occupational Safety and Health Administration (OSHA) regulates safety on the job and is the proper entity to call if safety is at risk. If an employee or potential employee considers himself or herself a victim of illegal discrimination, then he or she should file a complaint with the Equal Employment Opportunity Commission and/or the Texas Commission on Human Rights.
For purposes of pursuing what claims may be available to employees, it is a good idea to keep copies of any employee handbooks, pay-stubs, letters of discipline and/or praise. A paper trail is always a good idea. An attorney can be of assistance if any is required.
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