By Texas Parole 
Finding a job after prison isn’t easy. Over 60% of formerly incarcerated people remain unemployed one year after release.
A big reason? Many don’t know their rights at work. That makes it easier for employers to take advantage of them with low pay, unsafe conditions, or unfair treatment.
But here’s the truth: you still have rights on the job, no matter your background.
This guide breaks down the most important workplace protections you should know, including fair pay, safety, protection from discrimination, and when to speak up.
Your Right to Fair Pay
Federal law sets minimum standards that protect every worker in America. You deserve fair compensation regardless of your background.
Basic Wage Protections:
- Minimum wage: $7.25 federally (many states pay more)
- Overtime pay: 1.5x your regular rate for hours over 40 per week
- Required breaks: Check your state’s specific meal and rest period rules
Common Ways Employers Cheat Workers:
| Violation Type | What It Looks Like | Your Rights |
| Unpaid Training | Training doesn’t count as work hours | Training time must be paid if it benefits the employer |
| Off-the-Clock Work | Pressure to work before/after shifts | All work time must be compensated |
| Contractor Misclassification | Calling you an independent contractor | Most workers are employees with full protection |
Red flags to look for:
- No pay stubs or cash-only payments
- No clear job description
- Being forced to work through your lunch
Quick Tip: Keep a notebook or app to track your hours and tasks daily.
In Texas? The Texas Payday Law protects your right to full and timely pay.
Employment law firms like D Law have seen how knowledge of these basic protections can make all the difference in securing fair treatment and compensation.
Workplace Safety Rights
No matter where you work, your employer must provide a safe workplace. That’s the law under OSHA.
You have the right to:
- Work without known safety hazards
- Get safety training you can understand
- Report problems without being punished
This matters most in industries with higher injury rates:
- Construction work
- Manufacturing jobs
- Food service positions
- Warehouse operations
If you’re hurt on the job:
| Right | Details |
| Workers’ Comp | Covers treatment and lost wages, even with a criminal history |
| No Retaliation | Your boss can’t fire or punish you for reporting an injury |
| Right to Medical Care | You can see a doctor and recover safely |
Red Flag: If your boss rushes through safety training or ignores your concerns.
Don’t let employers skip safety protocols to save money. Report workplace safety violations anonymously through OSHA’s website or hotline.
Fighting Discrimination and Retaliation
You can’t be denied a job just because of your criminal history, unless it directly relates to the work.
Many U.S. states now have “Ban the Box” laws that restrict when employers can ask about criminal history. They must wait until later in the hiring process to ask about your record.
The Equal Employment Opportunity Commission (EEOC) requires employers to demonstrate that past convictions are directly related to the job duties for which the individual is applying.
But discrimination protections go beyond your past. You’re also protected against unfair treatment based on:
- Race
- Gender or sex
- Religion
- Disability
- Age
Employers can’t use your past as an excuse to discriminate based on these factors.
Signs of Workplace Retaliation:
| Warning Sign | What It Means |
| Sudden schedule cuts | Punishment for asserting rights |
| Increased write-ups | Creating a paper trail for firing |
| Isolation from coworkers | Making your job unbearable |
| Threats regarding a parole officer | Using your status against you |
If any of these happen:
Do this:
- Write down what happened (include dates and names of witnesses)
- Report to HR by email or letter (save a copy)
- File an EEOC complaint within 180–300 days
- Contact a legal aid or employment lawyer
Don’t wait too long, or you’ll lose your chance to fight back legally.
Understanding At-Will Employment
Most states follow at-will employment. That means a company can fire you for almost any reason, or for no reason at all.
But they can’t fire you for illegal reasons like:
- Discrimination
- Retaliation
- Reporting unsafe conditions
Wrongful Termination Red Flags:
| Situation | What It Means |
| Public Policy Violation | Fired for refusing to do something illegal |
| Implied Contract | Promised job security in writing or through policies |
| Parole Conflicts | Employers can’t break labor laws just because you’re on parole |
When to get help: If you’re fired after speaking up or filing a complaint, talk to a lawyer.
Take Action Now: Practical Steps and Resources
Start protecting yourself today with these simple steps:
Immediate Actions:
- Track all work hours daily
- Save copies of pay stubs and schedules
- Learn your state labor department contact info
- Read your employee handbook carefully
When to Call a Lawyer:
- Patterns of unfair treatment continue
- You get injured at work
- Your employer steals wages
- You face clear discrimination
Free Help: Reach out to legal aid, workers’ rights clinics, or your local labor board.
Final Thoughts
Your record doesn’t erase your rights.
Knowing the law gives you the power to stand up and get fair treatment. Don’t let confusion or fear keep you quiet.
If you’re facing workplace issues, don’t suffer in silence; know your legal options and take action.
Contact a trusted legal advocate or employment rights group today.
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