What are the state laws on hiring and firing employees in Texas?
In Texas, employment laws are mostly governed by the state's Labor Code, which establishes various requirements and limitations on both hiring and firing. Below are some key provisions pertaining to these topics:
Hiring:
- Discrimination: Texas prohibits employers from discriminating against job applicants based on their race, color, national origin, sex, religion, age, or disability status. This means that employers cannot refuse to hire someone or treat them differently in the hiring process solely because of one of these protected characteristics. Furthermore, employers must provide reasonable accommodations to job applicants with disabilities, unless doing so would cause undue hardship.
- Background checks: Texas does not have any specific laws regulating employers' use of criminal background checks or credit reports in the hiring process. However, employers must comply with federal laws such as the Fair Credit Reporting Act and Title VII of the Civil Rights Act, which prohibit discrimination based on criminal history or credit information.
- Authorization to work: Employers in Texas are required to verify that all new hires are authorized to work in the U.S. This typically involves completing an I-9 form and reviewing documentation such as a passport or driver's license and Social Security card.
Firing:
- At-will employment: Texas follows the doctrine of at-will employment, which means that employers can generally terminate an employee's employment at any time and for any reason (or no reason) that is not illegal. However, there are several important exceptions to this rule, such as when an employee has an employment contract that specifies a certain term or conditions of termination.
- Discrimination: As with hiring, employers in Texas cannot terminate an employee based on their protected characteristics, such as their race, gender, or disability status. Doing so would violate state and federal anti-discrimination laws.
- Retaliation: Employers also cannot retaliate against employees for engaging in various protected activities, such as filing a complaint about discrimination, reporting safety violations, or asserting their rights under the Family and Medical Leave Act.
- Severance pay: Texas does not have any laws requiring employers to provide severance pay to employees who are terminated, although some employers may choose to do so as part of a separation agreement.
It is important to note that this is only a brief overview of some of the key laws and regulations affecting hiring and firing in Texas. Employers and employees should consult with a qualified attorney to fully understand their rights and obligations under the law.