Employment Claims in Texas: What You Need to Know

If you've experienced problems at work—such as unfair dismissal, discrimination, unpaid wages, or retaliation—it's important to understand your rights under Texas and federal law. This guide is designed to help potential clients like you determine whether you may have a claim against your current or former employer, and what you should start gathering to make your case strong and actionable.

Recognizing Unlawful Behavior at Work

Texas is an "at-will" employment state. This means your employer can generally let you go for almost any reason, or even no reason at all. However, there are critical exceptions—for example, it's illegal for an employer to fire or mistreat you due to:

• Discrimination: This includes treatment or termination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (over 40), disability, or genetic information.
• Retaliation: If you're punished for reporting harassment, unsafe practices, wage violations, or other protected activities.
• Wage and Hour Violations: If your employer has failed to pay what you're owed, including overtime, final paychecks, or commissions.
• Other Illegal Acts: Like whistleblowing, refusing to perform an illegal act, or using legally protected leave (military, jury duty, etc.).

What Evidence Should You Gather?

Strong evidence is the foundation of every successful employment case. Here's what you should start collecting immediately:

1. Workplace Communications

Save copies of emails, texts, voicemails, memos, Slack/Teams chats—anything that documents your employment, performance, or interactions concerning the dispute.

Communications that reference performance, complaints, company policies, or possible discrimination are especially valuable.

2. Performance Reports and Evaluations

Obtain copies of your past performance reviews, awards, or disciplinary records.

Positive reviews can help dispute claims of poor performance or other "pretextual" reasons for negative treatment.

3. Employment-Related Documents

Keep your employment contract, employee handbook, pay stubs, timesheets, offer letters, and termination paperwork.

These can show what was promised to you, the employer's policies, and whether those policies were followed.

4. Documentation of Incidents

Write down a detailed account of every problematic event, including dates, times, people involved, what was said or done, and the names of any witnesses.

Keep your notes as close in time to the incident as possible to improve credibility.

5. Witness Information

Identify any coworkers who may have witnessed unjust treatment or can vouch for your work performance.

Even if they're reluctant now, providing their names and contact info is helpful.

6. Official Complaints

Make copies of any complaints you filed with HR, written grievances, or responses from your employer.

If you haven't complained internally, follow proper complaint procedures when safe to do so.

7. Pay and Benefit Records

Gather pay stubs, bonus agreements, or benefit statements—especially if your case involves lost wages, denied benefits, or problems with final pay.

Understanding Texas Filing Deadlines

Legal Standards for Discrimination and Wrongful Termination

To prevail in most discrimination or wrongful termination cases in Texas, you'll typically need to show:

• You are part of a protected class (such as age, race, sex, etc.)
• You were qualified for your job or performed satisfactorily
• You suffered an adverse employment action (termination, demotion, unpaid wages, etc.)
• Others outside your protected class were treated more favorably, or direct comments or patterns support discrimination
• The employer's explanation for their action is false, inconsistent, or pretext for discrimination

For retaliation, you must show you engaged in a protected activity and suffered harm for doing so.

Additional Tips for Strengthening Your Claim

Act Quickly

Even if you're still employed, begin collecting evidence now before access is restricted.

Be Discreet

Forward key communications to a personal email (if not prohibited by the handbook); photograph documents with your phone; keep backup copies.

Maintain Professionalism

Continue to do your job well and follow company procedures.

Be Mindful of Recordings

Texas is a one-party consent state for audio recordings—you may record conversations you are part of, but never record in violation of company policy or where illegal.

Research Public Filings

EEOC and court filings on your employer may bolster your claim if a pattern of discrimination exists.

When to Contact an Employment Attorney

If you believe you've been mistreated, it's best to consult a legal professional as soon as possible. Experienced employment attorneys can clarify whether your situation violates the law and what remedies may be available. They can also help you preserve evidence, avoid pitfalls, and meet critical deadlines.

Ready to Take Action?

If you think you may have an employment claim—because of discrimination, harassment, wrongful termination, retaliation, or unpaid wages—don't wait. Early action is key to protecting your rights.

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Experiencing workplace issues? Contact LegalRepUSA for experienced employment law representation and a free consultation to discuss your case.