Understanding Texas employment laws: What workers need to know

Navigating employment law in Texas is complex, largely due to the state’s strict employment-at-will doctrine.

This policy, which grants employers the right to fire employees for any reason—or none whatsoever—poses particular challenges for workers.

Attorney Gregg Rosenberg, Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, sheds light on some critical aspects of Texas labor laws.

“One common issue we deal with in Texas is the employment-at-will doctrine,” explains Rosenberg. “This doctrine often gets confused with the concept of Texas being a right-to-work state, though the two are entirely different. Employment-at-will means an employer can terminate an employee for good reason, bad reason, or no reason at all.”

Rosenberg emphasizes the vulnerability of employees in scenarios where job offers are revoked before they even begin working, especially when significant life changes, like selling a home or relocating, are involved.

“In such cases, the employee is generally left without a remedy because Texas law does not require employers to treat employees or prospective employees fairly unless there is an express agreement,” he notes.

The best way to protect yourself in these situations is to secure an agreement in writing with the prospective employer.

“If an employer is unwilling to provide such an agreement, it should be a red flag for the employee,” advises Rosenberg. “Prospective employees need to ensure that there is some form of written assurance that their job will not be retracted, especially if they are giving up something significant to take the new position.”

For those who find themselves in a position where they have relied on a job offer that is later rescinded, Rosenberg explains that legal recourse is often limited.

“Unfortunately, cases based on detrimental reliance or promissory estoppel are not generally winnable in Texas, because the law imposes an obligation on the prospective employee to be aware of the at-will employment situation they are entering,” he says.

Rosenberg’s advice to prospective employees is clear.

“It’s always worth asking for an agreement. If the answer is no, it provides insight into how the prospective employer values the employee. The key takeaway is to understand that most employment situations in Texas are at-will, and the best way to protect oneself is to get any job-related promises in writing,” he said.

Understanding these nuances of Texas labor laws is crucial for employees and prospective employees alike. By being informed and proactive, workers can better navigate the challenges and ensure their rights are protected.