By: Longoria H.B. No. 1328
73R4856 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition of the application of the
1-3 employment-at-will doctrine to certain employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. In this Act:
1-6 (1) "Employee" means an individual who is employed by
1-7 an employer for compensation.
1-8 (2) "Employer" means a person that employs one or more
1-9 employees.
1-10 (3) "Person" means an individual, corporation,
1-11 association, partnership, organization, or other public or private
1-12 legal entity.
1-13 SECTION 2. (a) An employer may not discharge an employee
1-14 who has been continuously employed by that employer for at least 10
1-15 years, in any capacity, since the original date of hire except for
1-16 cause.
1-17 (b) An employer who violates this section is liable for any
1-18 loss of wages and employer-provided benefits incurred by the
1-19 employee as a result of the violation. A person discharged in
1-20 violation of this section is entitled to reinstatement in the same
1-21 or an equivalent position of employment with commensurate pay.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.