AI-assisted research summary: Employers may not use a withholding order or writ as a reason to fire, discipline, or refuse to hire an employee.
Sec. 8.208. EMPLOYER'S LIABILITY FOR DISCRIMINATORY HIRING OR DISCHARGE. (a) An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment of, or for any other disciplinary action against, an employee. (b) An employer may not refuse to hire an employee because of an order or writ of withholding. (c) An employer who intentionally discharges an employee in violation of this section is liable to that employee for current wages, other employment benefits, and reasonable and necessary attorney's fees, court costs, and expenses incurred in enforcing the employee's rights. The court may order the fees, costs, expenses, and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. (d) In addition to liability imposed under Subsection (c), the court shall order with respect to an employee whose employment was suspended or terminated in violation of this section appropriate injunctive relief, including reinstatement of: (1) the employee's position with the employer; and (2) fringe benefits or seniority lost as a result of the suspension or termination. (e) An employee may bring an action to enforce the employee's rights under this section. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 8, eff. September 1, 2025.