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:
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.
Employee Remedies For Retaliation
Because there are so many different laws that provide protections for workplace retaliation, the remedies available to employees will depend on the applicable law. Some examples of remedies that may be available in a lawsuit for unlawful retaliation include:
Prior to filing a lawsuit, an employee may have to file a complaint with an administrative agency, depending on the applicable law. Please note that some of the deadlines for doing so are extremely short, even as short as 30 days! Therefore, if you believe you have a claim, you should contact an Austin attorney that specializes in employment law immediately.
What to do if your Employer Retaliates Against You in Texas
Contact an attorney immediately, and preferably an attorney who specializes in Texas employment law. To preserve your rights under the laws that prohibit retaliation, you must act quickly and typically must follow certain procedural steps, such as filing a charge of discrimination with an administrative agency. Lastly, take thorough notes regarding everything retaliatory that is being said or done to you and keep all records related to your employment. These notes and records may prove invaluable in a later lawsuit.
Additional Resources for Learning About Retaliation in the Workplace
If you feel you have been discriminated on the basis of pay and wish to speak to a Texas equal pay rights attorney at the Martinez & Martinez Law Firm, please submit a case review form or contact us at Martinez@martinezlawyers.com.
CAUTION: The information on this webpage and website does not constitute legal advice. The purpose of this information is to provide GENERAL information to the public and to raise awareness of Texas employment laws for Texas 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 legal 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 employees, as employment laws differ greatly from state to state.
This is not legal advice.