Employment Lawyer Pasadena Texas: Complete Employment Law Guide

Introduction: Employment Law in Pasadena, Texas

Located just southeast of Houston, Pasadena is home to more than 150,000 residents and thousands of workers employed in petrochemical plants, refineries, healthcare facilities, and small technology startups. Whether you clock in at one of the ship-channel chemical complexes, a city department, or a Main Street restaurant, the same basic question arises: What are my rights if something goes wrong at work? This comprehensive guide—written from an employee-focused perspective—explains how Texas employment law interacts with powerful federal statutes, what constitutes wrongful termination, and how to navigate the Texas Workforce Commission (TWC) or Equal Employment Opportunity Commission (EEOC) complaint process. Every statement is grounded in authoritative sources such as the Texas Labor Code, Title VII of the Civil Rights Act, the Fair Labor Standards Act (FLSA), and published opinions from Texas and federal courts. If you are searching online for an “employment lawyer Pasadena Texas” after a workplace dispute, begin here to understand your options before calling an attorney.

Understanding Your Employment Rights in Texas

At-Will Employment and Its Exceptions

Texas follows the at-will employment doctrine: either the employer or the employee may end the working relationship at any time, for any reason, or for no reason at all. However, state and federal laws carve out critical exceptions. An employer may not terminate, discipline, or refuse to hire a worker for an illegal reason such as discrimination, retaliation, or refusal to commit an unlawful act. Key Texas cases—Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)—recognize a narrow public-policy exception when an employee is fired for declining to engage in criminal conduct.

Protected Classes Under Federal and State Law

Both Title VII (42 U.S.C. §2000e) and the Texas Commission on Human Rights Act (Texas Labor Code Chapter 21) prohibit discrimination based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 140 S. Ct. 1731 (2020)), religion, disability, and age (40+). Pasadena employers with at least 15 employees are subject to these rules; age discrimination requires 20 employees under the federal Age Discrimination in Employment Act (ADEA). Retaliation for opposing discrimination or participating in a complaint is also unlawful.

Wages, Hours, and Overtime Standards

The Fair Labor Standards Act (FLSA) sets a federal minimum wage of $7.25 per hour and mandates 1.5× overtime pay for hours over 40 in a workweek unless a valid exemption applies. Texas has not adopted a higher state minimum wage, so Pasadena workers rely on the FLSA. The Texas Payday Law (Labor Code §§61.001–.095) requires timely payment of earned wages and authorizes the TWC to investigate unpaid wage claims. Employees have two years to sue for unpaid wages under the FLSA (three years if the violation is willful).

Common Employment Law Violations in Pasadena and Statewide

Discrimination and Harassment

From refinery operators experiencing racial slurs to female lab technicians denied promotion due to pregnancy, discriminatory treatment remains one of the most frequent complaints filed with the EEOC Houston District Office. Harassment is actionable when it is severe or pervasive enough to create a hostile work environment, and employers can be liable if they knew or should have known of the misconduct.

Wage & Hour Abuse

Industries common in Pasadena—oil and gas services, contract industrial cleaning, and construction—often involve long shifts. Employers sometimes miscalculate overtime or rely on “day rates” without the required overtime premium, violating 29 C.F.R. §778.112. Another problem is forcing employees to work off the clock before security screenings or while donning safety gear, which the U.S. Supreme Court has scrutinized in recent FLSA litigation.

Retaliation for Protected Activity

Retaliation claims have outpaced traditional discrimination claims nationwide. Texas Labor Code §21.055 and Title VII both forbid retaliation for filing an internal complaint, testifying, or simply helping a co-worker exercise legal rights. Termination within days or weeks of protected activity often signals unlawful motive, as recognized in Alamo Heights Indep. Sch. Dist. v. Clark, 544 S.W.3d 755 (Tex. 2018).

Misclassification of Employees

Labeling workers as “independent contractors” to avoid overtime and payroll taxes is rampant in the Gulf Coast construction and trucking sectors. The IRS, DOL, and TWC use multi-factor tests that look at economic realities—not job titles—to determine whether a worker is an employee entitled to overtime and benefits.

Texas Legal Protections & Employment Laws That Apply

Texas Commission on Human Rights Act (TCHRA) – Texas Labor Code Chapter 21

The TCHRA mirrors Title VII but also covers genetic information and provides a 180-day deadline to file a charge with the TWC Civil Rights Division. Damages caps differ from federal law and are tied to employer size. State courts often apply federal precedent, yet Texas appellate decisions have developed unique nuances, such as allowing a broader definition of disability after the ADA Amendments Act.

Fair Labor Standards Act (FLSA)

Enforced by the U.S. Department of Labor’s Wage and Hour Division, the FLSA authorizes back pay, liquidated damages equal to the unpaid wages, and attorney’s fees. Collective actions under 29 U.S.C. §216(b) permit similarly situated employees across Pasadena plants to recover together.

Title VII of the Civil Rights Act & Related Federal Statutes

Title VII, the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, and the Genetic Information Nondiscrimination Act (GINA) protect Pasadena workers employed by entities with 15+ employees (20+ for ADEA). The EEOC’s Houston District Office, only about 15 miles from City Hall, processes local complaints and mediations.

Family and Medical Leave Act (FMLA)

Eligible employees—those who worked at least 1,250 hours in the past 12 months for an employer with 50 employees within 75 miles—may take up to 12 weeks of job-protected leave for serious health conditions, a new child, or military caregiver reasons. Retaliation or interference with FMLA rights can result in reinstatement, back pay, and liquidated damages.

Occupational Safety and Health Act (OSHA)

Industrial accidents remain a concern along the Houston Ship Channel. OSHA protects employees who report safety hazards from retaliation and allows a whistleblower complaint within 30 days of the adverse action (29 U.S.C. §660(c)).

Statutes of Limitations at a Glance

• EEOC/TWC Discrimination Charge: 300 days (EEOC) / 180 days (TWC) from the adverse act.

• FLSA Overtime/Wage: 2 years (3 for willful violations).

• Texas Whistleblower Act (public employees): 90 days to sue after exhausting administrative remedies.

• Texas Payday Law: 180 days to file a wage claim with TWC.

Steps to Take After Workplace Violations

1. Document Everything

Save emails, text messages, timecards, pay stubs, and employee handbooks. Maintain a contemporaneous journal describing each incident with dates, witnesses, and supervisors present. Courts frequently credit detailed written accounts created close in time to the events.

2. Follow Internal Complaint Procedures

Many Pasadena employers—particularly large chemical plants—require written complaints to HR or a dedicated ethics hotline. Complying with these procedures not only provides a paper trail but can shield you from employer arguments that you failed to mitigate the harm.

3. File an Administrative Charge Promptly

Discrimination, retaliation, and harassment claims generally must begin with an administrative charge. In Texas, you can dual-file a charge with the EEOC and the TWC Civil Rights Division by visiting the EEOC Houston District Office or submitting the online intake questionnaire. Filing preserves your claims and triggers a notice to the employer.

4. Cooperate With Investigators

If the EEOC or TWC requests documents or interviews, respond truthfully. Retaliation for participating in an investigation is illegal.

5. Consider Mediation or Settlement

Both the EEOC and the TWC offer voluntary mediation. Settlement can include monetary relief, reinstatement, or policy changes. Because offers can involve waiving future claims, consult counsel before signing.

6. Monitor Deadlines for Lawsuits

The EEOC will issue a Notice of Right-to-Sue (NRTS) once it concludes its investigation. You have only 90 days from receipt to file suit in federal court (Texas Southern District, Houston Division covers Pasadena). Wage and hour suits can be filed directly without an administrative charge.

When to Seek Legal Help in Texas

While employees may file agency complaints pro se, representation by a licensed Texas employment lawyer can vastly improve outcomes. Attorneys can:

• Identify overlapping claims (e.g., FMLA interference plus ADA discrimination).

• Calculate back pay, front pay, compensatory damages, and punitive damages.

• Negotiate severance packages that preserve unemployment eligibility.

• File for temporary restraining orders to stop ongoing retaliation.

Texas lawyers must hold an active license with the State Bar of Texas and follow the Texas Disciplinary Rules of Professional Conduct. Check a lawyer’s standing at TexasBar.com Attorney Search.

Local Resources & Next Steps

• EEOC Houston District Office: 1919 Smith St., 6th Floor, Houston, TX 77002. Phone: 1-800-669-4000.

• TWC Civil Rights Division: 101 E. 15th St., Guadalupe CRD, Austin, TX 78778; online portal for charge filing.

• Workforce Solutions – Pasadena: 1001 Southmore Ave., Pasadena, TX 77502. Offers job-search assistance and referral to training after wrongful termination.

• Harris County Law Library: 1019 Congress St., Houston, TX 77002. Free access to employment law treatises and court forms.

Authoritative references you can explore include:

Texas Labor Code Chapter 21 (TCHRA) U.S. Department of Labor – FLSA Overview Equal Employment Opportunity Commission (EEOC) Texas Workforce Commission Official Site

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Employment law is complex; consult a licensed Texas attorney about your specific situation.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.