Understanding Texas Employment Law and the Role of an Employment Lawyer

Employment law is a vital field that touches the lives of nearly everyone who works. It’s a set of legal standards and regulations that govern the relationship between employers and employees. This law covers a wide range of topics, from hiring practices to workplace safety, and from discrimination to wrongful termination. Understanding the role of an employment lawyer is crucial in navigating these complex legal landscapes.

Throughout this page we will outline the basics of employment law, but remember, the team at Jackson Spencer is always one phone call or web form away from being able to answer any more specific questions you may have to ensure your workplace rights are fully understood and protected.

Table of Contents

How Does Employment Law Work in Texas?

Employment law broadly includes federal, state, and local regulations that establish how employers must treat their employees, former employees, and applicants for employment. These laws are designed to ensure fair treatment in the workplace and to protect both the employer and the employee.

In Texas, there are additional laws that protect employees that may not be present in all other states. Consider reaching out to our team via phone or web form to learn more about the nuances of Texas employment law – we’ve seen it all, and we can help. For example, in Texas it is easier to submit a sexual harassment claim than in many other states (Texas gives you more time to file, also requires fewer employees). In some ways Texas can be more restrictive than other states: for example, in some types of claims there can be very short deadlines for filing a lawsuit which can put more pressure on your case to develop facts as fast as possible. Failure to meet those deadlines can lead to your case being lost forever – to avoid this, we recommend consulting our team at Jackson Spencer Law as soon as possible.

Key aspects of employment law include:

Laws such as the Civil Rights Act and the Americans with Disabilities Act prohibit discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. Harassment, a form of discrimination, can also be a serious issue in the workplace.

The Fair Labor Standards Act (FLSA) sets standards for minimum wage, overtime pay, recordkeeping, and child labor.

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for family and medical reasons.

Laws regulate how employers must handle employee benefits and pension plans.

One aspect of an employee’s relationship with an employer is how much severance an employee might get in case of termination, and under what circumstances severance is given. An employment lawyer can help you understand your own severance agreement and help you negotiate the best possible severance package.

How can we help?

Tell us more about your workplace experience 
so we can help determine if you have a case.

What Does an Employment Lawyer Do?

So, realistically what can an employment lawyer do for you? From drafting and reviewing employment contracts, to helping you negotiate the best severance package, to protecting you from retaliation and discrimination in the workplace – the team at Jackson Spencer Law is licensed to practice in all of Texas and have represented hundreds and hundreds of cases with decades and decades of experience at your disposal. The roles and responsibilities of an employment lawyer include but are not limited to:

  1. Advising on legal rights and responsibilities: Employment lawyers help clients understand their legal rights and obligations. For employees, this might involve explaining rights under employment contracts or laws like the FMLA. For employers, it could involve ensuring policies comply with labor laws.
  2. Handling disputes: These lawyers often deal with disputes between employers and employees. This might include issues like wrongful termination, discrimination, or wage disputes.
  3. Drafting and reviewing documents: Employment lawyers prepare and review employment contracts, employee handbooks, non-compete agreements, and severance agreements to ensure legal compliance.
  4. Litigation: When disputes cannot be resolved outside of court, employment lawyers represent their clients in legal proceedings.

Why is Employment Law Important?

Protects Employees:

It ensures that employees are treated fairly and are not subjected to unsafe working conditions or discriminatory practices.

Accountability For Employers:

It also protects employers by providing clear guidelines on how to legally manage their staff, reducing the risk of costly legal disputes.

Promotes Fairness:

Employment law seeks to create a balanced and fair workplace where employees can work without fear of unjust treatment, and employers can manage their workforce effectively.

When Do I Need an Employment Lawyer?

Few things are as disheartening as the realization that your company might be preparing to fire you. You might want to stop working, lash out, or confront your supervisors. Here’s what to do if you think your termination is around the corner – and what not to do if you suspect you may be getting fired.

If you suspect you have been discriminated against at work, you may be able to file a claim against your employer and receive monetary damages. Work with an experienced lawyer first to make sure you hit important deadlines and have all the right information to win your claim.

Don’t be afraid to lose your job: There are federal and state laws that protect you from being retaliated against if you report fraud or misconduct.

Don’t sign a severance agreement right away: gather your information first and consider getting advice from an experienced employment lawyer.

Federal and state laws protect you from being sexually harassed in the workplace. We have 12 examples of conduct that may be sexual harassment, and next steps to take if you have experienced these at work.

For covered, non-exempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a 7-day “work week.”

We know all the ins and outs of contracts between an employer and employee.

If your former employer denies your right to unemployment benefits, the Texas Workforce Commission will require a telephonic hearing during which witnesses will testify. Almost all employers are represented by counsel, so it’s beneficial to have an attorney on your side as well to present your case.

How to Hire an Employment Lawyer in Texas

  1. Free Consultation – Contact Jackson Spencer Law for a free comprehensive assessment over the phone (or if easier, fill out our detailed web form so that we can learn more about your situation and provide you the best possible answer on how to proceed)
  2. Gathering the facts – Our team will help you make sure the facts are in place to build a legitimate case against your employer or make sure that your contract / agreement with your employer is aligned with your best interests
  3. Engagement Agreement – This gives our team the permission and ability to represent you in your case and sets out the rules of how we will protect your best interests

Resources for hiring an employment lawyer in Texas:

Explore Other Practice Areas