Workplace Retaliation Claims in Texas
Employers cannot retaliate against employees for engaging in a protected activity. Generally speaking, “protected activity” consists of making a report or complaint of unlawful discrimination or harassment, or for supporting another’s claim. Under Texas law, it is also illegal to retaliate against an employee for filing a workers’ compensation claim. Employers who retaliate may be sued by employees both for the underlying claim and for retaliation.
The attorneys of Lindquist Wood Edwards LLP, based in Dallas, advise employers and employees concerning a wide range of employment law issues, including retaliation claims.
What Is Retaliation?
The following are examples of adverse employer actions that may be considered retaliation:
- Firing an employee
- Demoting an employee
- Transferring an employee
- Reducing an employee’s pay or hours
- Giving an employee a negative performance review
When Can Employees Sue For Retaliation?
If an adverse employer action is in retaliation for the employee engaging in a protected activity, the employee may bring a claim under several federal statutes, including Title VII of the Civil Rights Act, and also under Texas state law.
Is There A Defense Against Retaliation Claims?
One example of a defense is that the adverse action was taken based on legitimate reasons and was not in retaliation for the protected activity. It will be helpful to provide documentation of the legitimate reasons for your actions.
Our lawyers can review and provide the strongest possible case.