Exceptions to the At-Will Employment Doctrine

Managers should be aware that both the Congress and the Texas Legislature have enacted statutes which regulate employment practices and prohibit employment decisions based on certain factors. Among other situations, these regulations and prohibitions must be considered prior to the use of a non-disciplinary discharge based on an employee’s at-will employment status.

In general:

• Employees are protected from discrimination in employment and discharge based on race, color, national origin, religion, age, and gender. Further, employees are protected from retaliation for exercising their antidiscrimination rights.
• Employees are protected from discrimination due to disability.
• Employee rights concerning wage and overtime compensation are protected. This includes protection from retaliatory discharge for filing a complaint.
• Employee rights concerning the safety of the workplace are protected. This includes protection from retaliatory discharge for complaining of workplace health and safety violations.
• Employees may not be discharged for their military service.
• Employees are protected from discharge for filing a workers’ compensation claim.
• Employees may not be discharged for service on a jury.
• Employees may not be discharged for complying with a valid subpoena to appear at a hearing.
• Employees may not be discharged for attending a political convention.
• Employees are protected from discharge for reporting illegal activity.

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Increase to the Federal Minimum Wage

On May 25, 2007, President Bush signed into law legislation increasing the federal minimum wage to $5.85 per hour by July 24, 2007, $6.55 per hour by July 24, 2008, and $7.25 per hour by July 24, 2009.  The university will implement these changes to new the minimum rates of pay for staff and students on these dates:

  Staff Pay Plan

* Effective July 22, 2007, the minimum rate of pay will be raised to $5.85 per hour.
*Effective July 20, 2008, the minimum rate of pay will be raised to $6.55 per hour.
*Effective July 19, 2009, the minimum rate of pay will be raised to $7.25 per hour.

  Student Pay Plan

*Effective July 22, 2007, the pay range will be $5.85 to $12.00 per hour.
*Effective July 20, 2008, the pay range will be $6.55 to $13.00 per hour.
*Effective July 19, 2009, the pay range will be $7.25 to $14.00 per hour.

Questions concerning whether the new minimum wage affects you should be directed to your supervisor.  Questions concerning the new law or implementation policy/procedures should be directed to Human Resources at 245-2557 or hr@txstate.edu.