Have a problem related to work?

This page only covers some of the most common rights of workers in Texas, not all of them. For more information on workers’ rights in Texas, click here. (If your issue involves a state other than Texas, contact a lawyer licensed in that state.)

If you would like to contact a private lawyer in Texas who represents employees, click here to visit the Texas Employment Lawyers Association website. You may need to do this if you’re not considered low-income.

Let’s get started. What issue are you having?

1. I’m having an issue at work because of COVID-19.

Many workers in Texas feel they have to choose between their jobs and their safety during the COVID-19 pandemic. But there are rights that can help protect you.

You can contact a lawyer for advice. Texas RioGrande Legal Aid provides free information and legal services to low-income workers. You can call us at (956) 996-8752. If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.

2. I think my workplace is unsafe.

Check out this guide on your health and safety rights at work, including the right to complain about unsafe conditions without being retaliated against.

3. I’m having issues because I need/needed to take time off from work.

Many workers in Texas may have the right to take leave from work, even if their employer doesn’t have a leave policy. Learn more about leave rights in Texas.

4. I was fired and want to know my rights.

The following guides may be helpful:

If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.

5. I have a problem with unemployment benefits.

Your next steps depend on where you are in the process. See this TRLA guide on unemployment benefits and how to prepare for a hearing. For TWC information and online appeals, go here. Keep in mind: While you’re appealing a denial, you should continue to request benefits from the TWC (if you’re still unemployed) so that if you win your case on appeal you can get benefits for those weeks. Make sure that the TWC has your correct phone number and address at all times. If you need help faxing an appeal, your local Workforce Solutions office can help.

Where are you in the process?

I applied for unemployment and just got my first decision from the TWC (“Initial Determination on Payment of Unemployment Benefits”). The TWC denied me benefits.

Appeal: You need to appeal any letter that says “we cannot pay you benefits” within 14 days after the date on the letter. Follow the instructions on the denial letter and keep proof that you sent your appeal to the TWC. Keep it simple; you should not send a long statement with your appeal.
Interpreter/Accommodation: If you need an interpreter or accommodation for your hearing, request it in your appeal.
Once you appeal, the TWC will schedule a telephone hearing and mail you a hearing packet.
See this TRLA guide on unemployment benefits and how to prepare for a hearing. For TWC information and online appeals, go here.

I have a TWC telephone hearing coming up.

Interpreter/Accommodation: If you need an interpreter or accommodation for your hearing, contact the TWC as soon as possible to request it.
See this TRLA guide on unemployment benefits and how to prepare for a hearing. For TWC information and online appeals, go here.

I missed my telephone hearing.

The Appeal Tribunal will mail you a decision. If you did not attend the hearing and you disagree with the decision, you should follow the instructions to request a new hearing within 14 days of the date the decision was mailed. You will have to show that you had a good reason (like a medical emergency or job interview) to miss the hearing.
See this TRLA guide on unemployment benefits and how to prepare for a hearing. For TWC information and online appeals, go here.

I participated in a TWC telephone hearing on my unemployment benefits, and I lost the hearing.

The Appeal Tribunal will mail you a decision. If you attended the hearing but disagree with the decision, you must follow the instructions on the decision to appeal to the Commission within 14 days of the date the decision was mailed. You will need to explain why the Hearing Officer’s decision was not supported by the evidence or the law.
After you appeal to the Commission, the three TWC Commissioners will review your case and make a decision based on the testimony and other evidence recorded during the telephone hearing. No new hearing will take place. The Commission will then mail you a decision.
See this TRLA guide on unemployment benefits and how to prepare for a hearing. For TWC information and online appeals, go here.

I appealed after I lost a telephone hearing, and the TWC’s Commission Appeals denied my appeal. If you disagree with the decision from Commission Appeals, you have two more steps you can take:

You can file a Motion for Rehearing within 14 days from the date of the decision. This step is optional. To get a new hearing, you have to show three things: a) You have new evidence about your case that you did not present in your hearing; b) You have good reasons why you did not present the evidence; and c) The evidence would change the TWC’s decision in your case. For TWC information and online appeals, go here.
Appealing to Court: If you are denied a new hearing and want to appeal further, or if you wish to skip the Motion for Rehearing, you must file a lawsuit and ask a court to overturn the TWC’s decision. The first date you can file your lawsuit is 15 days after the date on the Commission decision. The last date you can file your lawsuit is 28 days after the date on the Commission decision. In general, it is very difficult to get a court to change the TWC’s decision. If you want advice on this step, contact a lawyer.

I appealed late.

In general, under Texas unemployment law, you must appeal on time to preserve your rights. Even if you had a good reason for your late appeal, there is usually no exception.
There are some possible exceptions if you can prove that you never received the TWC’s decision, received it late, or were given incorrect information about your responsibility to appeal. You’ll need to be able to prove this with documents or testimony. There may also be other exceptions in specific cases.
See this TRLA guide on unemployment benefits and how to prepare for a hearing. For TWC information and online appeals, go here.

I can’t get through to the TWC.

If you are trying to reach the TWC to apply for unemployment, keep trying. You can try calling the TWC early in the morning. If you can, apply online. You may have a better experience applying online later in the evening or early in the morning. You may want to try reaching out to your local Workforce Solutions office.
If you have already applied for unemployment benefits and are trying to reach the TWC, you can request that the TWC contact you by clicking the “Request TWC Representative to Contact Me” button on the TWC website.
If you are trying to submit documents that the TWC has requested from you, you can submit them online.

If you want advice on your specific problem, you can contact an attorney. Texas RioGrande Legal Aid provides free information and legal services to low-income workers. You can reach us at (956) 996-8752.

If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.

6. I lost my job, so I lost my health insurance.

The following guides might be helpful:

7. I wasn’t paid at all / I wasn’t paid correctly.

Workers have the right to be paid for their work, regardless of immigration status. For more information on rights to fair pay, including deadlines, click here.

See below for some options workers have when they are not paid. Not every option applies in every situation. If you want advice on your specific problem, you can contact an attorney. Texas RioGrande Legal Aid provides free information and legal services to low-income workers. You can reach us at (956) 996-8752. If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.

What can I do if I’m not paid what I’m owed?

Try to talk with your employer about why you haven’t been paid correctly. If possible, take a co-worker with you or send your employer something in writing. In general, workers who complain in groups are more protected.
Contact a lawyer for advice or contact a workers’ center. You can contact Texas RioGrande Legal Aid for free, confidential information and legal services at (956) 996-8752.
If you want to take action to try to recover your unpaid wages, with or without an attorney, you can:
- Contact the U.S. Department of Labor Wage and Hour Division at 1-866-478-9243. This federal agency is in charge of investigating minimum wage and overtime violations and can recover unpaid wages for you or other workers in your workplace. You can file an anonymous complaint, and the process is free. The Department of Labor will not ask you about your immigration status.
- For wages due to you within the last 180 days (about six months), file a written complaint with the Texas Workforce Commission (TWC). The process is free. Call 800-832-9243 or go here for information and forms. Note: if you choose this option and get a final decision from the TWC, you usually cannot file a claim in court later for the same unpaid wages.
- File a claim in Justice of the Peace Court (“JP Court”) for amounts up to $20,000. JP Court is a court with simple procedures that is designed for people with smaller claims. You do not need an attorney to file in this court. For more information on this process, go here and here. In general, you must file a claim for unpaid wages within two years (or three years in some cases). If you file a claim for unpaid minimum or overtime wages in court, you are usually entitled to request two times the wages you are owed.
- If your employer has given you a hot check (check with insufficient funds) or has intentionally refused to pay you, you may be a victim of a crime (theft by check or theft of services/wage theft). You can file a theft of service complaint with your local police or sheriff’s department, and you can file a hot check complaint with your local prosecutor.
- If you’re owed money for construction, demolition, carpentry, sheetrock, painting, remodeling, installation, landscaping, or similar work that improved or demolished real property, you may have special rights. Check out this guide on special rights for unpaid construction workers. The deadlines for these claims are short.

Independent contractor?

If you were a true independent contractor, you cannot file a claim with the U.S. Department of Labor Wage and Hour Division or Texas Workforce Commission, but you can file a claim in Justice of the Peace Court or in another court.
Just because your employer calls you an independent contractor, that doesn’t mean you are one! If you aren’t sure whether you were an employee or independent contractor, talk to an attorney. For information on this issue, click here.

8. My employer (or potential employer) discriminated against me.

It’s against the law for employers covered by federal and Texas anti-discrimination laws to discriminate against employees because of certain protected categories like age, citizenship, color, disability, genetic information, national origin, race, religion, and sex (including pregnancy, gender identity, and sexual orientation).

Examples of discrimination include:

treating workers differently in hiring, firing, and promotion;
paying workers differently for the same or similar work;
giving workers different terms and conditions of work (like better or worse work);
enforcing a rule that supposedly applies to all workers, but harms one group of workers more than others (for example, an English-only rule);
allowing harassment of workers based on a protected category (like sex or race).

For more information on discrimination, deadlines, and the complaint process, click here.

If you want advice on your specific problem, you can contact an attorney. Texas RioGrande Legal Aid provides free information and legal services to low-income workers. You can reach us at (956) 996-8752 If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.

For more information on rights that may apply to your situation, see below.

I was discriminated against…

…because of my age.

Discrimination against workers based on age (40 or older) is illegal under both federal law (the Age Discrimination in Employment Act, or ADEA) and Texas law (Chapter 21 of the Texas Labor Code). These laws do not apply to smaller employers; Texas law applies only to employers with 15 or more employees, and federal law (the ADEA) applies only to employers with 20 or more employees.

These laws don’t protect workers under the age of 40, and it’s not illegal under these laws for an employer to favor an older worker over a younger one, even if both workers are age 40 or older.

If you’ve been discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC), the Texas Workforce Commission (TWC), or (in some cities) a local agency. There are deadlines to make a complaint against your employer. For more information on discrimination, deadlines, and the complaint process, click here.

…because of my citizenship status.

It’s illegal for employers with at least 4 employees to discriminate because of citizenship status (for example, preferring workers of a certain immigration status or discriminating against people who are not U.S. citizens). The law that prohibits citizenship discrimination is called the Immigration and Nationality Act (INA).

The INA also says that employers can’t discriminate during the hiring process (like requiring more or different documents for people who appear “foreign”). For more information on these rights, click here. For information on how these rights apply to DACA recipients, click here (English) or here (Spanish).

If your employer violates these laws, you can file a complaint with the U.S. Department of Justice Office of Immigrant and Employee Rights (IER). Complaints must be filed within 180 days of the discrimination. The government may be able to help negotiate with the employer. For information on filing a complaint, click here.

…because of a mental or physical disability (or because my employer thought I had a disability, or because there’s a record of a disability).

Under the federal Americans with Disabilities Act (ADA) and Texas law (Texas Labor Code Chapter 21), it’s illegal for an employer with at least 15 employees to discriminate against an employee or job applicant because of the employee’s physical or mental disability. Among other things, these laws prohibit employers from discriminating against an employee or job applicant because the employee has a disability, because the employer believes the employee has a disability, or because the employee has a record of having a disability (for example, medical records or other documents show you have a disability).

In many cases, employers must provide something called a “reasonable accommodation,” unless it would be very difficult or expensive for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the same benefits and privileges of employment as others.

For more information on disability discrimination and requesting an accommodation, click here.

…because of my genetic information (like genetic test results or family medical history).

Under a federal law called the Genetic Information Nondiscrimination Act (GINA), it’s illegal for an employer with at least 15 employees to discriminate against an employee or job applicant because of genetic information (like genetic test results or family medical history). If you’ve been discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC), the Texas Workforce Commission (TWC), or (in some cities) a local agency. There are deadlines to make a complaint against your employer. For more information on discrimination, deadlines, and the complaint process, click here.

…because of my national origin (including ethnicity, dress, and language).

It’s illegal under both federal law and Texas law for employers with at least 4 employees to discriminate because of national origin. Discrimination because of national origin includes: treating job applicants or employees worse because they are from a particular country or part of the world, because of their ethnicity (or ethnic dress) or accent, or because they appear to be of a certain ethnic background (even if they are not). “English-only” rules at work can also be a kind of national origin discrimination, unless the employer can prove the rule is necessary for some business reason (like safety).

If your employer discriminates against you because of your national origin, your options depend on how many employees your employer has.

If your employer has 4-14 employees, you can file a complaint with the U.S. Department of Justice Office of Immigrant and Employee Rights (IER). Complaints must be filed within 180 days of the discrimination. The government may be able to help negotiate with the employer. For information on filing a complaint, click here.

If your employer has 15 or more employees, you can file a complaint with the Equal Employment Opportunity Commission (EEOC), the Texas Workforce Commission (TWC), or (in some cities) a local agency. There are deadlines to make a complaint against your employer. For more information on discrimination, deadlines, and the complaint process, click here.

…because of my race or color.

Under federal and Texas law, it’s illegal for all employers to discriminate against an employee or job applicant because of the employee’s race or because of the applicant or employee’s skin color (for example, because the employee is dark- or light-skinned). Race discrimination can happen at the same time as color discrimination. An employer might also illegally discriminate against employees of the same race who have different skin complexions.

All employees who are discriminated against because of their race/color can file claims directly in court under Section 1981 of the Civil Rights Act of 1866. In most cases in Texas, you have four years to bring this type of claim in court, although some claims (like claims for failing to hire or failing to promote someone) must be filed within two years.

If your employer has at least 15 employees, you can file additional race/color discrimination claims with a government agency (the Equal Employment Opportunity Commission (EEOC), the Texas Workforce Commission (TWC), or (in some cities) a local government agency). There are deadlines to file a discrimination complaint with an agency. For more information on discrimination, deadlines, and the complaint process, click here.

…because of my religion.

Under federal and Texas law, it’s illegal for employers with at least 15 employees to discriminate against an employee or job applicant because of their religion, including religious clothing and grooming practices. The law protects people who belong to organized religions, as well as people with sincerely-held religious, ethical, or moral beliefs. In many cases, employers must provide something called a “reasonable accommodation” for an employee’s religion, such as flexible scheduling, shift changes, or modifications to workplace policies. changes to the work environment unless it would be very difficult or expensive for the employer.

…because of my sex (including sexual orientation, gender identity, sexual harassment, and pregnancy).

Under federal and Texas law, it’s illegal for employers with at least 15 employees to discriminate against employees or job applicants because of their sex. Illegal sex discrimination also includes:

Sexual harassment, including mis-gendering and harassment based on gender stereotypes (for more info, click here). Starting 9/1/2021, sexual harassment is illegal for all employers in Texas, regardless of size.
Discrimination because of LGBTQ+ status (for more info, click here).
Discrimination based on pregnancy.
Paying women and men different amounts for the same or similar work.

If you’ve been discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) (if your employer has at least 15 employees), the Texas Workforce Commission (TWC), or (in some cities) a local agency. There are deadlines to make a complaint against your employer. For more information on discrimination, deadlines, and the complaint process, click here.

…because of my veteran status.

Certain discrimination against veterans is prohibited for employers of all sizes. For more information and information on filing a complaint, click here.

…for another reason.

You can talk to a lawyer for advice. You should know that discrimination is only illegal if it’s based on a protected category that you can’t change (like the ones above). It is usually not illegal for an employer to play or friends, or to be rude, as long as the behavior is not because of one of the categories listed above or another protected category.

9. I was sexually harassed / sexually assaulted at work.

In Texas, beginning September 1, 2021, all employers are covered by sexual harassment laws, regardless of their size. Sexual harassment is unwanted sexual behavior and language at work and can include sexual assault. For more information on illegal sexual harassment, including how to file a complaint, click here .

If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.

10. My employer retaliated against me for complaining about my rights or my coworkers’ rights.

It’s usually illegal for an employer covered by employment laws that prohibit discrimination to fire or otherwise retaliate against an employee for asking about or trying to exercise their rights. For example, it is generally illegal to retaliate against workers who:

Complain about discrimination against themselves or their coworkers (for info, go here);
Complain about minimum wage and overtime rights (for info, go here);
Complain about health and safety issues (for info, go here and here);
Try to take action together to improve workplace conditions or form a union (for info, go here); and
Try to exercise their rights under many other federal and state laws.

Many other types of retaliation can be illegal; these are just some examples. You can talk to a lawyer about your specific situation.

It’s often illegal for an employer to retaliate against an employee who has asked about or stood up for their rights, by, for example:

Firing or disciplining the employee, or cutting hours;
Doing things like reporting an employee to immigration or the police, suing the employee, or harming the employee in other ways;
Or threatening to do these things.

Employees who are unlawfully retaliated against often have a claim against the employer to try to get their job back or other damages. There are deadlines to file a claim, and deadlines can be short (as short as 30 days in some cases).

These rights do not apply to all employers and employees in Texas, so it’s best to check with an attorney to see what rights you may have. If you want advice on your specific problem, you can contact an attorney. Texas RioGrande Legal Aid provides free information and legal services to low-income workers. You can reach us at 888-988-9996.

If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.

11. My ex-employer is suing me or threatening to sue me because I later worked for another company (or for myself).

Non-compete agreements (or “non-competes”) are contracts that try to limit your ability to work for another company, or for yourself, after leaving your employer. Some employers require employees to sign these agreements at the beginning of their employment or in the middle of their employment.

These agreements don’t always hold up in court. For more information, go here.

If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.

12. I was injured at work / I have a workers’ compensation issue.

Texas RioGrande Legal Aid is unable to take many workers’ compensation or personal injury cases. We recommend that you contact an attorney who practices in this area. If you need more help finding an attorney in your area, you can call the Lawyer Referral Information Service of the State Bar of Texas toll-free at 800-252-9690 or go here. Note: if you worked for the federal government, different rights apply and you should contact an attorney who accepts federal workers’ compensation cases.

In Texas, employers don’t have to have workers’ compensation insurance for workplace injuries. When a worker is injured on the job in Texas, there are three possibilities for trying to get medical expenses and, in some cases, part of your wages, paid:

Texas plan: the employer has a policy under the Texas Workers’ Compensation Act (“TWCA”).
Private plan: the employer has insurance under a “private occupational injury benefit plan” or similar private plan that provides some coverage for workplace accidents but does not have to comply with the TWCA.
No insurance: the employer has no insurance at all to cover workplace accidents.

To find out whether your employer has Texas workers’ compensation (a “Texas plan”), you can call the Texas Department of Insurance at 1-800-252-7031 (option 1).

If your employer has Texas workers’ compensation:

You may be entitled to income benefits and medical treatment after your workplace injury. You should report your workplace injury to your employer within 30 days of the injury and file a workers’ compensation claim within one year of the injury. For more information on workers’ compensation, including forms you can use, see the Texas Department of Insurance website. For a list of injured employee rights and responsibilities, click here.
If your employer has Texas workers’ compensation, you also have the right to free assistance from the Office of Injured Employee Counsel (OIEC), which is a state agency responsible for providing free assistance to injured workers. The OIEC employee who will help you with your case (called an “ombudsman”) is not an attorney, but the ombudsman can help you through the workers’ compensation process. You can call the OIEC toll-free at 1-866-EZE-OIEC (1-866-393-6432) to request help. You can also visit the OIEC website here.
If your employer has Texas workers’ compensation, you generally cannot sue your employer in court for an on-the-job injury and must go through the workers’ compensation system.

If your employer has a private plan:

Check with your HR department and request a copy of the plan documents. The deadlines to report an injury are usually much shorter under private plans. If you disagree with a denial of benefits, you must write an appeal to the insurance company.
If your employer has a private plan, instead of a Texas plan, you can sue your employer in court if the employer’s negligence caused the injury. See “Personal injury lawsuit” below.

Personal injury lawsuit (if your employer either has no insurance or has a private plan): In cases where the employer does not purchase workers’ compensation insurance (or only has a private plan), an injured worker can bring a personal injury lawsuit against the employer within two years if the employer was at fault (if the employer was negligent, and the negligence caused your injury). If the employer was not at fault, then medical expenses and other damages resulting from the injury are the responsibility of the worker. If your injury occurred on premises that were owned by a third party, you may be able to file a claim against that third party for premises liability. You should consult with a personal injury attorney about that issue if you wish to pursue a claim.

13. I have an issue with employer-provided benefits (like short-term or long-term disability, or retirement).

Most retirement and health plans provided by private (non-governmental) employers must follow rules set by the Employee Retirement Income Security Act of 1974 (ERISA). ERISA is a federal law that sets minimum standards for these plans and provides protections for individuals who participate, including standards on processing benefit claims, decision timelines, and your rights when a claim is denied.

Texas RioGrande legal Aid does not generally handle ERISA cases, which involve a specialized area of law. We recommend that you contact an attorney who regularly accepts ERISA cases. If you would like to contact a private lawyer in Texas who represents employees, click here to visit the Texas Employment Lawyers Association website. You can also contact the State Bar of Texas Lawyer Referral Service at 800-252-9690.

If your benefits have been denied, you should immediately send a written request to the plan administrator for a copy of your plan’s Summary Plan Description (SPD), which is a detailed overview of the plan (including procedures for filing a claim, requirements, and any deadlines that apply). The plan administrator must provide you with a copy of the SPD if you request it. You should then carefully read the SPD and follow the requirements for appealing the insurance carrier's decision within the deadline to do so.

You should pursue all appeals available under your plan. If the insurance company denies all your appeals, you can file a lawsuit in court. You must first go through the claim process with the insurance company before you can file any claim in court. We recommend that you seek help from an attorney who regularly files ERISA cases for additional advice.

You may also wish to contact the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), which can answer questions and assist employees in enforcing their rights to retirement benefits. You can contact EBSA at 866-444-3272.

For more information on ERISA rights, see the EBSA guides on health benefits, disability benefits, and retirement benefits.

14. Something else.

If you are not low-income or would like to contact a private lawyer in Texas who represents employees, visit the Texas Employment Lawyers Association website.