Legal Question in Employment Law in Texas

If a company states that it is bound by the laws of New York, but has retail businesses in Texas and they fire you, are they protected under the Texas "at will" law, or are they bound by New York law


Asked on 5/20/10, 6:33 am

1 Answer from Attorneys

Joe Gilbreath The Gilbreath Law Firm, PLLC

Generally, worker's in Texas are covered by Texas law. Both New York and Texas are "employment-at-will" states. New York has a few more exceptions to employment-at-will, including significantly, protection for worker's who complain about their violations of their labor code. So without specifics know ledge of the issue(s) it may not matter which state the worker looks to for rights. In both states employment-at-will applies to employment relationships that exist without a union contract or an individual contract for the employee, that creates a requirement of cause for dismissal, etc. Union contracts almost universally require a reason (i.e. cause) for disciplinary action by the employer. It is conceivable that some non supervisory employees of an employer are unionized in Texas and New York, but that others are not. In such a case the difference in the companies practices would relate to whether or not the employee is in a bargaining unit covered by a collectively bargained contract. Because Texas is a "right-to-work" state, here membership in a union is not a prerequisite to employment, so even a nonmember who is covered by the union contract can assert rights under the union contract.

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Answered on 5/26/10, 10:48 am


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