Workplace Retaliation

Texas, Mississippi, New Mexico, Arizona, Washington, D.C., & Massachusetts.

Unlawful retaliation is one of the fastest-growing forms of wrongful termination. Because it’s easier to prove than unlawful discrimination, it is one of the biggest concerns for Texas employers—and for good reason. Under federal and Texas law, an employer may not discharge or otherwise retaliate against an employee for, among other reasons:

• Complaining about workplace policies or working conditions
• Filing an EEOC charge of discrimination
• Filing a Texas Workforce Commission charge of discrimination
• Participating in an EEOC or TWC investigation
• Requesting a reasonable accommodation due to a physical or mental disability
• Reporting unlawful discrimination, harassment, or retaliation to an employer
• Participating in an employer’s discrimination or sexual harassment investigation
• Filing an overtime pay complaint with the U.S. Department of Labor
• Complaining about not receiving overtime pay from an employer
• Sustaining a workplace injury covered by Workers Comp benefits
• Filing for or receiving Workers Comp benefits
• Taking or intending to take maternity leave
• Taking or intending to take FMLA leave
• Refusing to perform an illegal act that may result in a criminal penalty
• Reporting accounting abuses or unlawful activity of a publicly traded company
• Filing for personal bankruptcy
• Taking jury duty
• Complying with a valid subpoena; and
• Reporting resident care abuses of particular assisted living, nursing, and medical care institutions

To prove you have been retaliated against, you must show that the action against you resulted from participating in an activity protected by the law. This can be difficult if your employer makes up another reason for the adverse action taken against you. The best way to know whether you have a case is to speak to an experienced employee rights lawyer, Paul N Jones.