Right to Work Laws and At-Will Employment are NOT the Same Thing

Potential employment discrimination clients who meet with me often mention they "know Texas is a right-to-work state." What they mean is they realize that their employment is likely at-will. I regularly have to explain that the Texas Right to Work Act and at-will employment doctrine are not the same thing.

The  Texas Right to Work Act prevents unlawful retaliation and discrimination because of membership or nonmembership in a union and protects employees in the exercise of their right of free choice to join or not join a labor union. Gonzales v. Levi Strauss & Co., 70 S.W.3d 278, 281 (Tex. App.—San Antonio 2002, no pet.). The right to work law is an exception to the at-will employment doctrine:

For well over a century, the general rule in [Texas], as in most American jurisdictions, has been that absent a specific agreement to the contrary, employment may be terminated by the employer or the employee at will, for good cause, bad cause, or no cause at all.

Montgomery Cty. Hosp. Dist. v. Brown, 965 S.W.2d 501, 502 (Tex. 1998). However, employers cannot rely upon the at-will employment doctrine to violate statutes, such as the Texas Right to Work Act.

If you have any questions about the Texas Right to Work Act or at-will employment, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.