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Robert L. Mays, Jr.
8626 Tesoro Drive, Suite 820
San Antonio, Texas 78217
Phone: 210-657-7772
Email: mays7772@gmail.com
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AT WILL EMPLOYMENT - Texas is an at-will employment state. Without a written contract, an employee can quit at any time. Likewise, an employer can fire an employee for any reason -- a good reason, an incorrect reason, or no reason. After being fired, usually the employee's only choice is to file to collect unemployment insurance with the Texas Workforce Commission (Phone: 210-258-6600).
The only exceptions to the at-will rule is that an employer cannot fire an employee (discriminate) because of sex, race, national origin, religious beliefs, old age or disabilities. An employee who has been discriminated against must (1) notify the employer in writing [keep a copy], (2) allow the employer to correct the problem, and (3) if the employer fails to act, then file a complaint with the Equal Employment Opportunity Commission (Phone: 210-281-7600) within 300 days under Federal law and 180 days under Texas law. If the employer has fewer than 15 employees, the employee is unprotected. A minimum number of employees applies before one receives protections in other areas. Generally, if the employer has more than 50 employees, the employee has the protections against discrimination.
FAILURE TO PAY WAGES - If you are no longer employed and did not get your last paycheck, contact the Texas Workforce Commission. (Phone: 800-832-9243). You need to get a Wage Claim Form (within 180 days) and file it with the TWC. If you have been fired, the employer has six days to pay you. If you quit, you must be paid by the next regular pay period.
This information is provided for educational purposes and is not intended to create an attorney-client relationship. Mr. Mays only takes employment cases with a written contract between himself and the client.
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© Robert L. Mays, Jr., 2010.
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