79R7132 PB-D
By: Rodriguez H.B. No. 2781
A BILL TO BE ENTITLED
AN ACT
relating to an exception for certain employees from the application
of the employment-at-will doctrine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 54 to read as follows:
CHAPTER 54. RESTRICTION ON APPLICATION OF
EMPLOYMENT-AT-WILL DOCTRINE TO CERTAIN EMPLOYEES
Sec. 54.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual, other than an
independent contractor, who is employed for compensation.
(2) "Employer" means a person who employs one or more
employees.
Sec. 54.002. EXCEPTION FROM APPLICATION OF
EMPLOYMENT-AT-WILL DOCTRINE. An employer may not discharge an
employee who has been continuously employed by that employer for at
least four years in any capacity, except for good cause.
Sec. 54.003. CAUSE OF ACTION. An employee discharged in
violation of this chapter may bring an action for:
(1) reinstatement in the same position of employment
or an equivalent position of employment with commensurate pay;
(2) actual damages, including compensation for loss of
wages and employer-provided benefits incurred by the employee as a
result of the violation;
(3) court costs; and
(4) reasonable attorney's fees.
Sec. 54.004. NOTICE; RULES. (a) Each employer shall notify
its employees of their rights under this chapter by posting an
appropriately worded sign in a prominent place in the employer's
workplace.
(b) The Texas Workforce Commission shall prescribe the
design and content of the sign required under Subsection (a) and may
adopt rules as necessary to implement this chapter.
SECTION 2. This Act takes effect September 1, 2005.