Texas employment law operates within an at-will framework where employers can terminate employees for almost any reason, and employees can quit without notice. But this framework has boundaries. Federal laws prohibit discrimination based on race, sex, age, disability, religion, and national origin. The Fair Labor Standards Act mandates overtime pay. The Family and Medical Leave Act protects job security during qualifying absences. Violations of these laws create exposure for employers and claims for employees.
The stakes in employment disputes reach beyond immediate financial consequences. Employers face litigation costs, potential damages, and reputational harm. Employees risk career damage and financial hardship. Both sides benefit from counsel who understands both the legal standards and the practical realities of workplace disputes.
What Employment Law Attorneys Handle
Discrimination and Harassment Claims
Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Texas Labor Code prohibit workplace discrimination based on protected characteristics. Harassment creating a hostile work environment violates these same laws. Attorneys represent employees bringing claims and employers defending against allegations, handling EEOC charges, state agency complaints, and federal court litigation.
Wage and Hour Disputes
The Fair Labor Standards Act and Texas Payday Law govern minimum wage, overtime pay, and timely payment of earned wages. Misclassification of employees as independent contractors, improper overtime exemption classifications, and unpaid commission disputes generate significant litigation. These cases often proceed as collective actions involving multiple employees.
Employment Agreements and Restrictive Covenants
Non-compete agreements, non-solicitation provisions, confidentiality obligations, and severance packages require careful drafting and strategic negotiation. Attorneys advise employers on enforceable restrictions and represent employees evaluating proposed agreements or facing enforcement actions. Texas has specific requirements for enforceable non-competes that differ from other states.
Wrongful Termination and Retaliation
While Texas follows at-will employment, terminations motivated by discriminatory intent, retaliation for protected activity, or violation of public policy create claims. Protected activities include reporting illegal conduct, filing workers compensation claims, and exercising rights under employment laws.
How to Choose an Employment Attorney
Employee vs. Employer Representation: Most employment attorneys represent one side predominantly. Employee-side attorneys focus on bringing claims; employer-side attorneys on defense and compliance. Some attorneys handle both, but understanding the attorney’s primary focus matters.
Board Certification: The Texas Board of Legal Specialization certifies attorneys in Labor and Employment Law. Less than 1% of Texas attorneys hold this certification. It indicates specialized knowledge verified through examination and peer review.
Litigation Experience: Employment disputes often require trial capability. Ask about actual trial experience, not just case filings. Attorneys with trial track records obtain better settlements because opposing counsel knows they will go to court if necessary.
Fee Structure: Employee-side attorneys often work on contingency for discrimination and wage claims. Employer-side work typically bills hourly. Understand the fee arrangement before engaging.
Texas Employment Law Firms
Jackson Walker LLP
Location: Austin, Dallas, Fort Worth, Houston, San Antonio, San Angelo
Website: https://www.jw.com
Phone: 214-953-6000
Jackson Walker is a large Texas law firm. Their Labor and Employment practice represents employers in all aspects of employment law. The firm handles litigation, compliance counseling, and employment aspects of corporate transactions.
Practice Focus:
- Employment litigation defense
- Wage and hour collective action defense
- Non-compete and trade secret litigation
- Labor relations and union matters
- Executive compensation
Rob Wiley, P.C.
Location: Dallas, Texas
Website: https://www.robwiley.com
Phone: 214-528-6500
Rob Wiley, P.C. represents employees exclusively in employment law matters. The firm focuses solely on employment law, operating from Uptown Dallas. Rob Wiley, Austin Campbell, and Deontae Wherry hold Board Certification in Labor and Employment Law from the Texas Board of Legal Specialization.
Practice Focus:
- Employment discrimination
- Sexual harassment
- Wrongful termination
- Unpaid wages and overtime
- Retaliation claims
Ross Scalise Employment Lawyers
Location: Austin, Texas
Website: https://www.rosslawgroup.com
Phone: 512-474-7677
Ross Scalise Employment Lawyers represents employees in employment law matters. The firm handles cases in Austin, Houston, Fort Worth, and Dallas. The firm litigates discrimination, harassment, retaliation, and wage theft claims through settlement or trial.
Practice Focus:
- Workplace discrimination
- Sexual harassment
- Overtime and wage violations
- Wrongful termination
- Employer retaliation
Costs and Fees
Employee-side contingency fees typically range from 33% to 40% of recovery, with the lower percentage for settlements and higher percentage for trial verdicts. Hourly rates for employment attorneys range from $250 to $600 depending on experience and firm size. Employer-side compliance work often bills hourly at $300 to $500 per hour. Some employee consultations include initial fees of $200 to $500 to evaluate potential claims.
Frequently Asked Questions
Is Texas an at-will employment state?
Yes. Employers can terminate employees for any reason not prohibited by law, and employees can quit without notice. However, terminations based on protected characteristics, retaliation for protected activity, or violation of employment contracts create claims.
How long do I have to file an employment discrimination claim?
EEOC charges must be filed within 300 days of the discriminatory act in Texas. Some claims have shorter deadlines. State law claims under the Texas Labor Code have different timelines. Missing deadlines forfeits claims regardless of merit.
Can my employer enforce a non-compete agreement in Texas?
Texas enforces non-compete agreements that are ancillary to an otherwise enforceable agreement, contain reasonable limitations on time, geography, and scope, and do not impose greater restraint than necessary to protect legitimate business interests. Courts may reform overbroad agreements rather than invalidating them entirely.
What qualifies as overtime under Texas law?
Texas follows federal FLSA requirements. Non-exempt employees must receive 1.5 times their regular rate for hours exceeding 40 in a workweek. Exemptions for executive, administrative, professional, and outside sales employees require meeting specific duties tests and minimum salary thresholds.
Last Updated: January 2026
Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Fee estimates are approximations only and actual costs may vary significantly. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.