Workplace Retaliation and Your Rights as an Employee in Texas

If you have seen that your employer is acting unethically, or illegally, it is your obligation to report them to the proper authorities. This can be a difficult thing to do, however, because most people aren’t in a position where they can easily afford to lose their job, and reporting an employer seems like a dangerous thing to do. The fact is, however, that in Texas, workplace retaliation is illegal and you will be protected by the law. Should your employer retaliate against you, you may have a strong lawsuit against them.

What Qualifies as Workplace Retaliation?

One of the hardest parts about workplace retaliation laws is knowing when you are a victim of this type of action. In order to qualify as retaliation, the actions taken by your employer must have an adverse effect on your employment, and they must be able to be shown as retaliatory. Some potential examples of retaliatory action would include being fired, being written up, not being considered for a promotion, being given unfair work assignments, and many others.

If you feel that your manager or employer is treating you unfairly because you reported them for unethical or illegal activity, you need to show that this treatment is linked to that report. This can be done by documenting when the retaliatory behavior began, showing that other employees aren’t treated this way, and other signals. The courts have worked on many of these types of cases, and as long as you present sufficient evidence, the link isn’t as hard to prove as it may seem at first.

Building a Retaliation Case

The most important thing you can do when trying to build a retaliation case is to keep documentation of everything. If your boss emails you with a complaint, a reprimand, or even additional work, make sure to save it in a folder. If they ask for a meeting, write down when it took place, and what was said in the meeting. Documentation is critical in any legal case, but will be absolutely essential when you are presenting essentially a ‘he said, she said’ type of argument.

Another important thing to keep in mind when building a case is to not give them any reason to treat you poorly. Don’t refuse to do specific tasks (unless they are illegal or unethical). Don’t show up late to work. Don’t make any mistakes if it can be avoided. This type of action will only hurt your case.

Talk to an Attorney

As soon as you suspect that your employer is engaging in retaliatory behavior, you need to get in touch with an experienced and reliable San Antonio retaliation and discrimination attorney. Talking with a lawyer will help you to determine if you are actually being mistreated, and will show you what specifically needs to be done to build the strongest possible case. Please contact Amsberry Law Firm to discuss your situation, and learn how we can help.

Written by Amsberry Law Firm

Amsberry Law Firm

Mr. Amsberry is board-certified in family and labor and employment law by the Texas Board of Legal Specialization. He is also active in family law, estate and elder law, and business law. He is a proven litigator who has argued before the United States 5th Circuit Court of Appeals and earned favorable outcomes in complex, precedent-setting employment and civil rights cases. He served as a reservist assistant judge advocate general in the U.S. Army and is a sought-after lecturer and speaker on a range of legal issues.

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