Retaliation occurs when an employer takes adverse action against an employee because the employee engaged in a legally protected activity. These adverse actions can include termination, demotion, pay cuts, denial of promotions, exclusion from meetings or projects, or even creating a hostile work environment. The key is that the employer’s actions must be in response to the employee’s exercise of rights protected under state or federal law.
Texas is an “at-will” employment state, meaning employers can generally terminate employees for any reason – or no reason at all. However, this does not give employers a free pass to retaliate against employees who assert their legal rights. Both Texas law and federal statutes prohibit retaliation in specific circumstances.
Employees are protected from retaliation when they engage in certain activities, including reporting discrimination or harassment based on race, sex, religion, national origin, age, or disability; filing a complaint with government agencies like the Equal Employment Opportunity Commission (EEOC), the Texas Workforce Commission (TWC); making protected complaints to Human Resources or participating in an investigation into workplace misconduct; requesting accommodations for a disability or religious belief; reporting wage violations, such as unpaid overtime or minimum wage violations; taking leave under the Family and Medical Leave Act (FMLA); and refusing to participate in illegal activity or reporting such activity to authorities.
Many laws have anti-retaliation provisions so it is important that you speak with a lawyer about your matter. We have handled retaliation cases involving food safety, trucking safety, FAA (air travel) complaints, financial fraud and abuse, and even foreign bribery.
To establish a claim for unlawful retaliation, an employee must generally show three things: they engaged in a protected activity, the employer took a materially adverse action against them, and there is a causal connection between the protected activity and the adverse action.
Timing often plays a critical role. If an employee is fired or demoted shortly after filing a complaint or participating in an investigation, that proximity can suggest a retaliatory motive. Documentation, witness statements, and performance records can all help build a strong case.
It’s important to understand that retaliation is a standalone violation. Even if the original complaint – such as a claim of discrimination – is dismissed, the retaliation itself may still be illegal. Indeed, it is not uncommon for a retaliation complaint to be stronger and easier to prove than an underlying claim of discrimination or sexual harassment. Employers cannot punish employees simply for asserting their rights, regardless of the outcome of the underlying issue.
If you believe you’ve been retaliated against, please schedule an initial consultation with us. At Rob Wiley, P.C., we offer confidential consultations to help you understand your options and determine whether you have a viable claim.
We understand the stress and uncertainty that come with workplace retaliation, and we’re here to help you fight back.
If you have encountered workplace retaliation please schedule an initial consultation today and we will schedule you to speak with an employment lawyer to evaluate your case.
