know your rights
WORKPLACE RETALIATION IS ONE OF THE MOST FREQUENTLY ALLEGED LEGAL CLAIMS; HOWEVER, IT HAS A VERY SPECIFIC LEGAL MEANING IN EMPLOYMENT LAW. YOUR EMPLOYER IS PROHIBITED FROM TAKING ADVERSE ACTION AGAINST YOU BECAUSE YOU COMPLAINED ABOUT DISCRIMINATION OR OBJECTED TO DISCRIMINATORY TREATMENT.
There is no general law in Texas that makes it illegal for an employer to retaliate against an employee. Rather, there are a patchwork of laws that protect employees for employer retaliation towards specific activity or rights. In simple terms, whether or not you have protection against retaliation depend on the reasons for the retaliation. Texas and Federal law provide protections in some instances, and there are no rights or remedies in other circumstances.
To determine if your employer has engaged in unlawful retaliation, you should contact a Texas employment attorney immediately. Below is a general list of illegal retaliation under Texas and Federal law:
- Retaliation for filing a workers’ compensation claim or for reporting a workplace injury (if your employer subscribes to workers’ compensation);
- Retaliation for refusing to commit an illegal act;
- Retaliation against a public employee (state or local government in Texas) for reporting an illegal act;
- Retaliation for opposing, reporting, or complaining about discrimination in the workplace (including discrimination based on race, color, disability, national origin, age, sex);
- Retaliation for opposing, reporting, or complaining about sexual harassment;
- Retaliation for filing a complaint against nursing home employees or employees of assisted living facilities for whistleblowing.
This list is not all-inclusive, and there are other laws that protect against employer retaliation in certain circumstances. Unfortunately, the laws listed above have many exceptions and many qualifications. To find out if you are protected by the laws listed above, you should seek legal advice from someone specializing in employment law. It should be noted that a number of new retaliation/whistleblower laws have been passed in the recent past, and this area of law is often changing.
ADDITIONAL RESOURCES FOR LEARNING ABOUT RETALIATION IN THE WORKPLACE
CAUTION: The information on this webpage and website does not constitute legal advice. The purpose of this information is to provide information to the public and to raise awareness of Texas, New Mexico, and Federal employment laws for employees. DO NOT read anything here and make a decision affecting your legal rights, such as a decision not to pursue a lawsuit or to file a lawsuit, without first consulting a lawyer. ONLY your own individual attorney can provide you with legar advice and properly inform you of your rights and remedies under the law. This website does not guarantee the accuracy of any of the information provided within it. Finally, this information only applies to Texas, New Mexico, and Federal employees, as employment laws differ greatly from state to state.