🇺🇸 Texas Termination Laws — 2026 UPDATE

Texas Termination Laws 2026: Wrongful Termination, Final Pay & WARN Act

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Texas, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Texas Termination Laws 2026

Table of Contents

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Introduction

Texas is an at-will employment state. Texas law provides foundational protections governing wrongful termination, final paycheck deadlines, and employer obligations under the federal WARN Act. State-specific protections include the Texas Payday Law (Texas Labor Code, Chapter 61), which establishes strict final paycheck deadlines and wage claim procedures, and the Texas Commission on Human Rights Act (Texas Labor Code, Chapter 21), which prohibits employment discrimination. At the federal level, protections under Title VII, the ADA, the ADEA, the WARN Act, and the Family and Medical Leave Act (FMLA) apply to Texas employees. This page compiles current termination law requirements from the Texas Workforce Commission (TWC) and the U.S. Department of Labor.

Quick Reference — Texas Termination Law Snapshot

Category Texas
Employment DoctrineAt-Will
At-Will Exceptions RecognizedPublic Policy; Express Contract
Final Paycheck — Involuntary TerminationWithin 6 calendar days of discharge
Final Paycheck — Voluntary ResignationNext regularly scheduled payday following effective date of resignation
PTO/Vacation Payout Required at TerminationOnly if employer’s written policy or agreement provides for it
State WARN Act (Mini-WARN)No — Federal WARN Act applies
State WARN Employer ThresholdN/A — Federal: 100 employees
State WARN Notice PeriodN/A — Federal: 60 days
Severance Pay Required by State LawNo
State Whistleblower Statute (Private Sector)No comprehensive state whistleblower statute for private-sector employees; federal protections apply
State Whistleblower Statute (Public Sector)Yes — Texas Government Code, Chapter 554
Service Letter LawLimited — Texas Labor Code § 103.001 (employer must confirm employment dates and reason for separation upon request in certain contexts)
Filing Agency for Wage ClaimsTWC Wage and Hour Department
Filing Agency for Discrimination ClaimsTWC Civil Rights Division and/or EEOC
Information Current As OfMarch 2026

Sources: https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law · https://www.twc.texas.gov/programs/civil-rights/employment-discrimination · https://www.dol.gov/general/topic/termination

At-Will Employment in Texas

Is Texas an At-Will Employment State?

Texas follows the at-will employment doctrine. Under Texas common law as codified in the Texas Workforce Commission’s authoritative guidance, either an employer or employee may end the employment relationship at any time, for any lawful reason, or for no reason at all. The TWC’s Especially for Texas Employers guidance states: “The basic rule of Texas employment law is employment at will, which applies to all phases of the employment relationship.”

Source: https://efte.twc.texas.gov/pay_and_policies_general.html

Exceptions to At-Will Employment in Texas

Texas takes a restrictive approach to at-will exceptions, recognizing only the public policy exception and express contractual agreements as significant limitations on at-will termination.

Public Policy Exception — Texas recognizes a narrow public policy exception: termination is unlawful if the employer discharges an employee in retaliation for refusing to commit a criminal act on the employer’s behalf, or for exercising a statutory right (e.g., filing a workers’ compensation claim under Texas Labor Code § 451.001, or filing a discrimination complaint under Texas Labor Code Chapter 21).

Express Contract Exception — An express employment contract that limits termination to specific grounds or requires specific procedures before discharge is enforceable. Employee handbooks are generally not binding contracts in Texas; the TWC states: “In Texas, policies are not regarded as binding employment contracts.”

Texas does not recognize the implied contract exception (based on handbook language), nor the covenant of good faith and fair dealing, as limitations on at-will employment.

At-Will Exception Recognized in Texas? Legal Basis
Public Policy Yes (narrow) Common law; Texas Labor Code § 451.001; Texas Labor Code Chapter 21
Express Contract Yes Contract law
Implied Contract (handbook) No Rejected without express promise
Good Faith & Fair Dealing No Not recognized
Sources: https://efte.twc.texas.gov/pay_and_policies_general.html ; https://efte.twc.texas.gov/wrongful_discharge.html ; https://statutes.capitol.texas.gov/GetStatute.aspx?Code=LA&Value=451

Wrongful Termination in Texas

What Constitutes Wrongful Termination in Texas?

Wrongful termination in Texas occurs when an employer terminates an employee in violation of federal or state law, a clear mandate of public policy, or an express employment contract. Most wrongful termination claims in Texas arise from statutory violations.

Federal protected classes (apply to all Texas employers meeting coverage thresholds): race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), religion (Title VII — 15+ employees); age 40+ (ADEA — 20+ employees); disability (ADA — 15+ employees); genetic information (GINA — 15+ employees).

Source: https://www.eeoc.gov/discrimination-type

State protected classes — Texas Labor Code, Chapter 21: Texas Labor Code Chapter 21 prohibits discrimination based on race, color, disability, religion, sex (including pregnancy), national origin, and age (40 or older), covering employers with 15 or more employees. The 2021 amendments extended the filing period for sexual harassment to 300 days and allow suits against individual supervisors; that provision applies to all employers with 1 or more employees. Chapter 21 does not add sexual orientation or gender identity in its statutory text, but federal law (Title VII per Bostock v. Clayton County, 590 U.S. 644 (2020)) extends those protections to Texas employees. Texas Labor Code § 451.001 separately prohibits discharge or discrimination against employees for filing a workers’ compensation claim; that protection covers all employers regardless of size.

Sources: https://statutes.capitol.texas.gov/SOTWDocs/LA/htm/LA.21.htm · https://www.twc.texas.gov/programs/civil-rights/employment-discrimination · https://efte.twc.texas.gov/major_laws.html · https://www.twc.texas.gov/jobseekers/sex-discrimination

Statute of Limitations for Wrongful Termination Claims in Texas

Texas is a deferral state. The TWC Civil Rights Division operates under a worksharing agreement with the EEOC, extending the federal filing period from 180 to 300 days for most discrimination charges (Title VII, ADA, ADEA).

Claim Type Time Limit Filing Agency
Federal discrimination (Title VII, ADA, ADEA) 300 days EEOC or TWC Civil Rights Division
Sexual harassment (Texas Labor Code Chapter 21, 2021 amendment) 300 days TWC Civil Rights Division
State discrimination (Texas Labor Code, Chapter 21) 180 days TWC Civil Rights Division
Workers’ comp retaliation (Texas Labor Code § 451.001) 2 years — Texas Civil Practice & Remedies Code § 16.003 Texas District Court
Breach of express employment contract 4 years (written) — Texas Civil Practice & Remedies Code § 16.004 Texas District Court
Public policy tort 2 years — Texas Civil Practice & Remedies Code § 16.003 Texas District Court
Sources: https://www.twc.texas.gov/jobseekers/how-submit-employment-discrimination-complaint ; https://www.twc.texas.gov/jobseekers/sex-discrimination ; https://www.eeoc.gov/filing-charge-discrimination

Final Paycheck Laws in Texas

Types of Employment Separation in Texas

Under the Texas Payday Law (Texas Labor Code, Chapter 61), the nature of the work separation determines the applicable final pay deadline.

Separation Type Definition Final Pay Deadline Unemployment Eligibility
Fired / Discharged Employer ends employment Within 6 calendar days of discharge Generally eligible unless fired for misconduct
Laid Off / Reduction in Force Employer ends employment for business reasons Within 6 calendar days of discharge Generally eligible
Voluntary Resignation (with or without notice) Employee initiates separation while continued work was available Next regularly scheduled payday following effective date of resignation Generally not eligible (exceptions for good cause)
Mutual Agreement Generally treated as involuntary under TWC rules Within 6 calendar days (treated as involuntary absent specific circumstances) Depends on circumstances
Constructive Discharge Employee resigns due to intolerable conditions Treated as involuntary for legal purposes May be eligible
Source: https://efte.twc.texas.gov/final_pay.html ; https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law

When Is the Final Paycheck Due in Texas?

Under Texas Labor Code § 61.014, administered by the Texas Workforce Commission:

Termination Type Final Paycheck Deadline Citation
Involuntary termination (fired, laid off, discharged) Within 6 calendar days of discharge Texas Labor Code § 61.014
Voluntary resignation (with or without notice) Next regularly scheduled payday following effective date of resignation Texas Labor Code § 61.014
Mutual agreement separation Generally within 6 calendar days (treated as involuntary) Texas Labor Code § 61.014; TWC guidance

The TWC guidance states: “If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge.” The statute specifies that it is not legal to hold a final paycheck past the applicable deadline for reasons such as failure to return company property or failure to sign timesheets.

Source: https://efte.twc.texas.gov/final_pay.html · https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law · https://www.twc.texas.gov/sites/default/files/fdcm/docs/chapter-61-payment-of-wages-twc.pdf

What Must Be Included in the Final Paycheck?

Under the Texas Payday Law, “final pay” includes all earned wages, accrued overtime, and commissions/bonuses per any applicable wage agreement. Fringe benefits (vacation, sick leave, parental leave, severance) are included only if the employer has a written policy or agreement providing for payment at separation. Employers may not withhold a final paycheck to recover unreturned property or offset an oral loan unless the employee has signed a written authorization for that specific deduction.

Source: https://efte.twc.texas.gov/final_pay.html · https://www.twc.texas.gov/sites/default/files/fdcm/docs/wh-2-2a-employer-response-form-twc.pdf

PTO and Vacation Payout at Termination in Texas

Texas does not require employers to pay out accrued, unused vacation or PTO at termination. Entitlement is governed entirely by the employer’s written policy or a written agreement. If the written policy provides for payout, that obligation is enforceable under the Texas Payday Law. “Use-it-or-lose-it” policies are lawful in Texas when the employer’s written policy clearly establishes such a rule.

Source: https://efte.twc.texas.gov/final_pay.html

Penalties for Late Final Paycheck in Texas

Under Texas Labor Code § 61.053, if an employer acts in bad faith by failing to pay wages, the TWC may assess an administrative penalty up to the amount of wages owed, not to exceed $1,000 per violation. Texas does not provide a daily-accrual “waiting time” penalty comparable to other states. Wage claims are filed with the TWC Wage and Hour Department within 180 days of the date wages were originally due (Texas Labor Code § 61.051(c) — jurisdictional deadline). Where TWC cannot collect, a lien may be filed as a permanent record of the debt.

Filing a wage claim: https://www.twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-law

Source: https://www.twc.texas.gov/sites/default/files/fdcm/docs/chapter-61-payment-of-wages-twc.pdf

Severance Pay Laws in Texas

Does Texas Require Severance Pay?

Texas does not require employers to provide severance pay upon termination. No federal law mandates severance pay. Under the Texas Payday Law, severance pay is not owed unless the employer has previously obligated itself to provide it through a written policy, an employment contract, or a binding oral commitment. If such an obligation exists, it is enforceable under the Texas Payday Law.

The TWC distinguishes between wages in lieu of notice (a voluntary post-termination payment made because the employer provided no advance notice — no prior obligation exists) and severance pay (a payment the employer has previously committed to make, typically based on a formula such as length of service). If a policy or offer letter creates a severance obligation, TWC will enforce it as a wage claim.

Under the federal Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. § 626(f), severance agreements that include a release of age discrimination claims from employees age 40 or older must provide at least 21 days to consider the agreement (45 days for group layoffs), require written advice to consult an attorney before signing, and allow 7 days to revoke after signing.

Sources: https://efte.twc.texas.gov/final_pay_severance_benefits.html · https://www.twc.texas.gov/jobseekers/age-discrimination

WARN Act and Mass Layoff Laws in Texas

Federal WARN Act Requirements

The federal Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. § 2101 et seq., requires employers with 100 or more full-time employees to provide at least 60 calendar days’ advance written notice before a plant closing affecting 50 or more workers or a mass layoff involving 500 or more employees (or 50–499 employees constituting at least 33% of the workforce). Federal WARN exceptions include the faltering company exception (plant closings only), unforeseeable business circumstances, and natural disaster.

Source: https://www.dol.gov/agencies/eta/layoffs/warn · https://efte.twc.texas.gov/special_problems_work_separations.html

Texas and the WARN Act — No State Mini-WARN

Texas does not have a state-level WARN Act. The federal WARN Act applies to covered employers operating in Texas. The TWC states: “TWC is the state reporting agency for mass layoffs and plant closings in Texas.”

WARN notices for Texas must be submitted to the TWC. Notices may be submitted by mail, fax, or email to: Texas Workforce Commission, Attn: Layoff/WARN, 101 E 15th St, Rm 440T, Austin, TX 78778-0001.

Penalties for violation of the federal WARN Act consist of back pay and benefits for each day of the violation period (up to 60 days), plus civil penalties of up to $500 per day payable to the affected local government for each day of failure to notify the government unit.

The TWC also operates a Rapid Response program to provide workforce services to employees affected by layoffs covered by WARN Act notices or other qualifying mass layoff events.

Sources: https://www.twc.texas.gov/businesses/worker-adjustment-and-retraining-notification-warn-notices · https://www.twc.texas.gov/employer-resources/preventing-managing-layoffs · https://www.dol.gov/agencies/eta/layoffs/warn

Retaliation and Whistleblower Protections in Texas

Federal Retaliation Protections

Federal law prohibits employers from retaliating against employees who engage in protected activities. Federal anti-retaliation protections applicable in Texas include: Title VII (discrimination complaints), ADA (accommodation requests and complaints), ADEA (age discrimination complaints), FLSA (wage complaints), OSHA (safety violation reports), FMLA (leave requests and retaliation), Sarbanes-Oxley Act (corporate fraud reporting, publicly traded companies), and the False Claims Act (federal fraud reporting).

Source: https://www.eeoc.gov/retaliation · https://www.osha.gov/whistleblower

Texas Whistleblower and Anti-Retaliation Laws

Private-sector employees: Texas does not have a comprehensive state whistleblower statute covering private-sector employees. Private-sector employees rely on federal anti-retaliation statutes and two specific state protections. Texas Labor Code § 451.001 prohibits all employers from discharging or discriminating against an employee for filing a workers’ compensation claim in good faith; claims are brought in civil court with a 2-year limitations period. Texas Labor Code Chapter 21, § 21.055 prohibits retaliation against employees who file, oppose, or participate in a complaint under the state anti-discrimination statute.

Public-sector employees: Texas Government Code, Chapter 554 (Texas Whistleblower Act) prohibits state or local governmental entities from taking adverse personnel action against a public employee who in good faith reports a violation of law to an appropriate law enforcement authority. Remedies include reinstatement, back pay, and restoration of benefits and seniority. Supervisors who violate the statute are subject to civil penalties up to $15,000. Claims under Chapter 554 must be filed within 90 days of the adverse action (Texas Government Code § 554.005), after exhausting internal grievance procedures.

Sources: https://statutes.capitol.texas.gov/GetStatute.aspx?Code=LA&Value=451 · https://statutes.capitol.texas.gov/docs/GV/htm/GV.554.htm · https://www.osha.gov/whistleblower

Constructive Discharge in Texas

Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign. Texas courts apply an objective standard: whether a reasonable employee in the same circumstances would have felt compelled to resign, not merely whether the specific employee did. Constructive discharge is treated as an involuntary termination for legal purposes, meaning an employee who establishes it may bring the same statutory claims as an employee who was directly terminated. For discrimination-based constructive discharge claims under Texas Labor Code, Chapter 21, the employee must file a complaint with the TWC Civil Rights Division within the applicable limitations period, calculated from the date of resignation. For Texas Payday Law purposes, constructive discharge is treated as an involuntary separation, making the 6-calendar-day final paycheck deadline applicable.

Source: https://efte.twc.texas.gov/final_pay.html · https://efte.twc.texas.gov/wrongful_discharge.html

Notice Requirements in Texas

Is an Employer Required to Give Notice Before Termination in Texas?

Texas law does not require employers to provide advance notice before terminating an individual employee outside of WARN Act situations. The TWC states that “Texas law does not require written notice of termination or layoff” for individual separations. An exception applies under the federal Fair Credit Reporting Act: if a discharge results from a third-party background check, the employer must inform the employee of this, provide a copy of the report, and furnish the reporting agency’s contact information.

Source: https://efte.twc.texas.gov/work_separations_general.html

Is an Employee Required to Give Two Weeks’ Notice in Texas?

No Texas or federal law requires employees to provide two weeks’ notice before resigning. Two weeks’ notice is a professional convention, not a legal requirement. If an employee provides notice and the employer accepts the resignation early, the employer is not required to pay through the notice period unless a contract provides otherwise.

Source: https://efte.twc.texas.gov/final_pay.html

Service Letter Law

Texas Labor Code § 103.001 requires an incorporated employer, upon written request of a discharged employee, to provide a written statement specifying the reason for the discharge.

Source: https://statutes.capitol.texas.gov (Texas Labor Code, Title 2, Subtitle D, Chapter 103)

How to File a Termination Complaint in Texas

State Filing Options
Agency Handles Website Filing Deadline
TWC Wage and Hour Department Wage claims, final paycheck violations https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law 180 days from date wages were due
TWC Civil Rights Division Employment discrimination, retaliation under Chapter 21 https://www.twc.texas.gov/programs/civil-rights/employment-discrimination 180 days (300 days for sexual harassment claims)
Texas Division of Workers’ Compensation Workers’ comp retaliation (Texas Labor Code § 451.001) https://www.tdi.texas.gov/wc/index.html Generally 2 years — civil court
Federal Filing Options
Agency Handles Website Filing Deadline
EEOC Discrimination under Title VII, ADA, ADEA, GINA, PDA https://www.eeoc.gov/filing-charge-discrimination 300 days (Texas is a deferral state)
OSHA Safety and health retaliation https://www.osha.gov/whistleblower 30 days
DOL Wage and Hour Division FLSA violations https://www.dol.gov/agencies/whd 2 years (3 years for willful)

EEOC Field Offices in Texas

Sources: https://www.twc.texas.gov/programs/civil-rights · https://www.eeoc.gov/field-office · https://www.eeoc.gov/filing-charge-discrimination · https://www.dol.gov/general/topic/termination

FAQ: Texas Termination Laws 2026

Is Texas an at-will employment state?

Yes. Texas follows the at-will employment doctrine. Either the employer or the employee may end the employment relationship at any time, for any lawful reason, or for no reason at all. Exceptions exist for terminations that violate a statute, a clear public policy, or an express employment contract.

Source: https://efte.twc.texas.gov/pay_and_policies_general.html

Can an employer fire an employee for no reason in Texas?

Yes. Under Texas at-will employment law, an employer may terminate an employee without providing a reason, provided the termination does not violate a specific state or federal statute (such as anti-discrimination laws), a court order, or an express employment contract.

Source: https://efte.twc.texas.gov/pay_and_policies_general.html

What constitutes wrongful termination in Texas?

Wrongful termination in Texas occurs when an employee is terminated in violation of a federal or state statute (e.g., termination because of race, sex, disability, or age; termination in retaliation for filing a workers’ compensation claim), a clear public policy mandate (e.g., refusing to commit a criminal act on behalf of the employer), or an express employment contract.

Source: https://efte.twc.texas.gov/wrongful_discharge.html

When is the final paycheck due after termination in Texas?

Under Texas Labor Code § 61.014, an employee who is involuntarily terminated (fired or laid off) must receive the final paycheck within 6 calendar days of discharge. An employee who voluntarily resigns must receive the final paycheck on the next regularly scheduled payday following the effective date of resignation.

Source: https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law

Does Texas require employers to pay out unused vacation or PTO at termination?

No. Texas law does not require employers to pay out accrued, unused vacation or PTO at termination. Entitlement to PTO payout depends entirely on the employer’s written policy or a written agreement. If the written policy provides for payout, the employer must honor it under the Texas Payday Law.

Source: https://efte.twc.texas.gov/final_pay.html · https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law

Does the WARN Act apply in Texas?

Yes. The federal WARN Act (29 U.S.C. § 2101 et seq.) applies to Texas employers with 100 or more full-time employees who are conducting a plant closing or mass layoff meeting the statutory thresholds. Texas does not have a state-level WARN Act. WARN notices for Texas employers are submitted to the Texas Workforce Commission.

Source: https://www.twc.texas.gov/businesses/worker-adjustment-and-retraining-notification-warn-notices · https://www.dol.gov/agencies/eta/layoffs/warn

Is severance pay required by law in Texas?

No. Neither Texas law nor federal law requires employers to provide severance pay. Severance pay is owed only if the employer has created an obligation through a written policy, an employment contract, or a binding oral commitment. If such an obligation exists, it is enforceable under the Texas Payday Law.

Source: https://efte.twc.texas.gov/final_pay_severance_benefits.html

What is the statute of limitations for wrongful termination in Texas?

The applicable limitations period depends on the type of claim. Discrimination claims under Texas Labor Code, Chapter 21 must be filed with the TWC Civil Rights Division within 180 days of the discriminatory act (300 days for sexual harassment claims following the 2021 amendment). Federal discrimination charges (Title VII, ADA, ADEA) must be filed with the EEOC within 300 days because Texas is a deferral state. Workers’ compensation retaliation claims and public policy tort claims are generally subject to a 2-year statute of limitations in Texas civil court.

Sources: https://www.twc.texas.gov/jobseekers/how-submit-employment-discrimination-complaint · https://www.twc.texas.gov/jobseekers/sex-discrimination

Can an employer fire an employee for filing a complaint in Texas?

No. Federal law prohibits retaliation for filing complaints under Title VII, the ADA, the ADEA, the FLSA, and OSHA. Texas Labor Code, Chapter 21 prohibits retaliation for filing a state discrimination complaint. Texas Labor Code § 451.001 prohibits discharge or discrimination because an employee has filed a workers’ compensation claim. Texas Government Code, Chapter 554, prohibits retaliation against public employees who report violations of law.

Sources: https://www.eeoc.gov/retaliation · https://statutes.capitol.texas.gov/GetStatute.aspx?Code=LA&Value=451 · https://statutes.capitol.texas.gov/docs/GV/htm/GV.554.htm

Where are termination complaints filed in Texas?

Wage claims are filed with the TWC Wage and Hour Department within 180 days of the date wages were due. Employment discrimination complaints are filed with the TWC Civil Rights Division (within 180 days, or 300 days for sexual harassment) and/or the EEOC (within 300 days). Texas is a deferral state, and charges are typically dual-filed. EEOC field offices in Texas are located in Dallas, Houston, San Antonio, and El Paso.

Sources: https://www.twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-law · https://www.twc.texas.gov/jobseekers/how-submit-employment-discrimination-complaint · https://www.eeoc.gov/field-office

What federal laws protect employees from wrongful termination in Texas?

Federal protections applicable in Texas include Title VII of the Civil Rights Act of 1964 (race, color, sex, religion, national origin), the Age Discrimination in Employment Act (age 40+), the Americans with Disabilities Act, the Pregnancy Discrimination Act, GINA (genetic information), the FMLA (retaliation for protected leave), the FLSA (wage complaint retaliation), OSHA (safety complaint retaliation), and the Sarbanes-Oxley Act (corporate fraud reporting for publicly traded company employees).

Sources: https://www.eeoc.gov/discrimination-type · https://www.dol.gov/general/topic/termination

Does Texas have any anti-retaliation laws beyond federal protections?

Yes, in specific categories. Texas Labor Code § 451.001 prohibits workers’ compensation retaliation by all employers, covering a broader range of employers than some federal statutes. Texas Labor Code, Chapter 21 prohibits retaliation for engaging in protected activity under the state anti-discrimination statute. Texas Government Code, Chapter 554, protects public-sector employees who report violations of law to appropriate law enforcement authorities.

Sources: https://statutes.capitol.texas.gov/GetStatute.aspx?Code=LA&Value=451 · https://statutes.capitol.texas.gov/docs/GV/htm/GV.554.htm

What is the federal WARN Act threshold for employers in Texas?

The federal WARN Act applies to Texas employers with 100 or more full-time employees. The Act requires 60 days’ advance notice for plant closings affecting 50 or more workers or mass layoffs involving 500 or more employees (or 50–499 employees constituting at least 33% of the workforce). Texas does not have a state mini-WARN Act. Employers submit WARN notices to the Texas Workforce Commission.

Source: https://www.twc.texas.gov/businesses/worker-adjustment-and-retraining-notification-warn-notices · https://www.dol.gov/agencies/eta/layoffs/warn

Is two weeks’ notice required in Texas?

No. No Texas or federal law requires employees to provide two weeks’ notice before resigning. Two weeks’ notice is a professional convention. If a written employment contract requires advance notice of resignation, the contract terms govern.

Source: https://efte.twc.texas.gov/work_separations_general.html

Can an employer fire an employee for filing a workers’ compensation claim in Texas?

No. Texas Labor Code § 451.001 specifically prohibits employers from discharging or discriminating against an employee because the employee has filed a workers’ compensation claim in good faith. This protection applies to all Texas employers. Claims may be pursued in Texas civil court; the limitations period is generally 2 years.

Source: https://statutes.capitol.texas.gov/GetStatute.aspx?Code=LA&Value=451

Sources and Verification Log

# Claim Source URL Verified Date
1At-will employment doctrine; public policy exception; implied contract not recognized from handbookTWC Especially for Texas Employershttps://efte.twc.texas.gov/pay_and_policies_general.htmlMarch 2026
2At-will exceptions; wrongful discharge categoriesTWC Especially for Texas Employershttps://efte.twc.texas.gov/wrongful_discharge.htmlMarch 2026
3Employee handbook not a binding contract in TexasTWC Especially for Texas Employershttps://efte.twc.texas.gov/atoz_introduction.htmlMarch 2026
4Final paycheck — 6 calendar days (involuntary); next payday (voluntary)TWC Payday Law guidancehttps://efte.twc.texas.gov/final_pay.htmlMarch 2026
5Final paycheck — same rules, statutory authority § 61.014TWC Texas Payday Lawhttps://www.twc.texas.gov/programs/wage-and-hour/texas-payday-lawMarch 2026
6Texas Payday Law, Title 2, Chapter 61, § 61.014; § 61.051(c) 180-day claim deadlineTWC official statute PDFhttps://www.twc.texas.gov/sites/default/files/fdcm/docs/chapter-61-payment-of-wages-twc.pdfMarch 2026
7PTO payout — only if written policy requires it; use-it-or-lose-it lawfulTWC Final Pay guidancehttps://efte.twc.texas.gov/final_pay.htmlMarch 2026
8Severance pay — not required by law, only if employer obligated itselfTWC Final Pay — Severance Benefitshttps://efte.twc.texas.gov/final_pay_severance_benefits.htmlMarch 2026
9WARN Act — federal only in Texas; no state mini-WARN; notices to TWCTWC WARN notices pagehttps://www.twc.texas.gov/businesses/worker-adjustment-and-retraining-notification-warn-noticesMarch 2026
10WARN Act thresholds; special problems work separationsTWC Especially for Texas Employershttps://efte.twc.texas.gov/special_problems_work_separations.htmlMarch 2026
11Federal WARN Act statutory authorityDOL WARN Acthttps://www.dol.gov/agencies/eta/layoffs/warnMarch 2026
12Texas Labor Code Chapter 21 protected classes; 15-employee threshold; TWC Civil Rights DivisionTWC Employment Discriminationhttps://www.twc.texas.gov/programs/civil-rights/employment-discriminationMarch 2026
13Texas Labor Code Chapter 21 statutory text; protected classes; anti-retaliation § 21.055Texas Statuteshttps://statutes.capitol.texas.gov/SOTWDocs/LA/htm/LA.21.htmMarch 2026
14Sexual harassment — 300-day filing period; 1-employee threshold (2021 amendment)TWC Sex Discrimination pagehttps://www.twc.texas.gov/jobseekers/sex-discriminationMarch 2026
15How to file discrimination complaint; 180-day deadline; TWC CRD jurisdictional requirementsTWC How to Submit Complainthttps://www.twc.texas.gov/jobseekers/how-submit-employment-discrimination-complaintMarch 2026
16Texas is a deferral state — 300-day EEOC deadlineTWC Civil Rights Division (worksharing agreement with EEOC)https://www.twc.texas.gov/programs/civil-rightsMarch 2026
17EEOC field offices in Texas — Dallas, Houston, San Antonio, El PasoEEOC field office directoryhttps://www.eeoc.gov/field-officeMarch 2026
18Wage claim deadline — 180 daysTWC How to Submit Wage Claimhttps://www.twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-lawMarch 2026
19Workers' comp retaliation — Texas Labor Code § 451.001; all employersTexas Statuteshttps://statutes.capitol.texas.gov/GetStatute.aspx?Code=LA&Value=451March 2026
20Public-sector whistleblower — Texas Government Code, Chapter 554Texas Statuteshttps://statutes.capitol.texas.gov/docs/GV/htm/GV.554.htmMarch 2026
21No notice of termination required; no written termination notice lawTWC Work Separations — Generalhttps://efte.twc.texas.gov/work_separations_general.htmlMarch 2026
22Service letter — Texas Labor Code § 103.001Texas Labor Codehttps://statutes.capitol.texas.govMarch 2026
23Constructive discharge — involuntary for final pay purposes; objective standardTWC Final Pay guidance; Wrongful Dischargehttps://efte.twc.texas.gov/final_pay.htmlMarch 2026
24OWBPA 21/45-day consideration; 7-day revocation for age-40+ severance waiversTWC Age Discrimination pagehttps://www.twc.texas.gov/jobseekers/age-discriminationMarch 2026
25DOL — federal termination overviewDOLhttps://www.dol.gov/general/topic/terminationMarch 2026
26EEOC — discrimination typesEEOChttps://www.eeoc.gov/discrimination-typeMarch 2026
27EEOC — retaliationEEOChttps://www.eeoc.gov/retaliationMarch 2026
28EEOC — filing a chargeEEOChttps://www.eeoc.gov/filing-charge-discriminationMarch 2026
29OSHA — whistleblower protectionsOSHAhttps://www.osha.gov/whistleblowerMarch 2026
30DOL — FMLADOLhttps://www.dol.gov/agencies/whd/fmlaMarch 2026

Update History

March 2026: Initial publication. All URLs verified functional.

Related Pages

This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney. Last updated: March 2026.