As DFW braces for the winter storm expected this weekend—with freezing rain and snow potentially making North Texas roads a mess—the big question on everyone’s mind is: “Do I have to go to work?”
In Texas, the law leans heavily toward the employer, but there are a few legal "safety nets" you should know about. Here is the breakdown based on insights from Dallas-based labor and employment attorneys Rob Rickman and Carrie Hoffman.
1. Can my boss force me to come in?
The short answer: Yes. Texas is an "at-will" employment state. According to Rob Rickman, "The employer, if they are open for business, can insist that their employees come to work, is the general rule of thumb." Even if you believe the weather is bad, if the doors are open, they can generally require your attendance.
2. Can I be fired if I don’t show up?
Technically, yes. If your company has an attendance policy, they are within their rights to enforce it. "If the employer... has an attendance policy that would permit termination for not showing up for work... the employer would be within their rights to enforce that policy," says Rickman.
However, Carrie Hoffman notes that many employers will look at the "morale issue" and the "local level" of the storm. She points out that national companies (based in places like Chicago) often don't realize that Texas lacks the snow plows and de-icing equipment to make travel safe.
3. Are there any legal exceptions?
There are three main scenarios where you might have some protection:
Mandatory Evacuations: If a government official issues a mandatory evacuation (more common with hurricanes on the coast), you cannot be disciplined for following it.
OSHA Protections: OSHA requires a safe work environment. Rickman explains that if an employee believes there is a "substantial risk of serious bodily injury or death," they may be protected from retaliation for refusing to work. This can sometimes apply to the commute if conditions are truly life-threatening.
Employer Liability: If an employer is "negligent and unreasonable" in forcing people onto dangerous roads and an accident occurs, they could potentially be held liable for damages.
4. Will I get paid if I stay home?
This depends entirely on how you are classified:
Hourly Workers: Generally, no. "If I'm an hourly worker and I don't come to work, I don't have to pay that person," says Hoffman. You may be able to use PTO if you have it.
Salaried (Exempt) Workers: If you perform any work during the week (even checking emails from your phone), you typically must be paid your full weekly salary.
The Bottom Line
Before the ice hits this Saturday, Carrie Hoffman suggests "dusting off that employee handbook" to check for an inclement weather policy.
Pro-Tip: If you live 40 minutes away and have to cross several flyover bridges, your risk is much higher than someone living a mile away. Most reasonable employers will evaluate safety on a case-by-case basis—so keep those lines of communication open!
Would you like me to draft a professional email you can send to your supervisor to discuss remote work or safety concerns before the storm hits?