During the 84th Legislative Session, the Texas Legislature passed an employment provision that allows employers to end the employment of employees that have misrepresented their military record.  While most Texas employees are at-will, this law will likely have little impact, however, it does provide the voiding of written contracts with employees where the employee has misrepresented his military record.  The state law provides that:

An employer may discharge an employee . . . if the employer determines, based on a reasonable factual basis, that the employee, in obtaining the employee’s employment . . .  falsified or . . .  misrepresented any information regarding the employee’s military record in a manner that would constitute an offense under Section 32.54, Penal Code.

An employment contract entered into by an employer with an employee discharged by the employer under this section is void and unenforceable as against public policy.

An employee who was employed by an employer under an employment contract on the date of the employee’s termination and who believes the employee was wrongfully terminated under [this law] may bring suit against the employer in a district court in the county in which the termination occurred for appropriate relief, including rehiring or reinstatement to the employee’s previous job, payment of back wages, and reestablishment of employee benefits to which the employee otherwise would have been eligible if the employee had not been terminated.

Whether the law can withstand constitutional scrutiny will have to be tested later.  You can download the complete bill here.

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