Retaliation in the Workplace Attorney

If you were fired, demoted, or punished at work after reporting discrimination, filing a Workers’ Compensation claim, or exercising another legal right, you may have a retaliation claim. With 28 years of experience, Attorney Jack Nichols represents Texas employees in retaliation cases in Austin, Houston, San Antonio, and across the state of Texas. Call (512) 595-1269 for a free confidential consultation.

What Is Workplace Retaliation in Texas?

Texas and federal law prohibit an employer from retaliating against an employee who engages in “Protected Activity.” Unlawful retaliation occurs when an employer takes a “Materially Adverse Action” against an employee because the employee exercised a legally protected right. Retaliation is one of the most commonly filed employment claims in Texas — and one of the most winnable.

What Counts as Protected Activity in Texas?

A Protected Activity is a statutory or common law right that an employer cannot punish an employee for exercising. Protected Activity in Texas includes, but is not limited to:

• Reporting or complaining about Discrimination or Harassment and a Hostile Work Environment — internally (to HR, a manager, or through company procedures) or externally (to the EEOC or TWC);
• Opposing a discriminatory practice;
• Requesting a reasonable accommodation for a Religion or a Disability;
• Participating, assisting, or testifying in an investigation or hearing regarding unlawful discrimination;
• Taking or requesting Family Medical Leave Act (FMLA) leave;
• Filing a genuine claim for Workers’ Compensation Insurance;
• Making a complaint about a violation of the Fair Labor Standards Act (FLSA), including unpaid wages, unpaid overtime, or other wage and hour violations;
• Refusing to Commit an Illegal Act (Sabine Pilot);
• Reporting Illegal Activity to law enforcement (Whistle Blowing);
• Medical Providers Reporting Patient Safety Concerns; and
• Other protected activity.

Important: An employee does not have to prove they actually suffered discrimination to bring a retaliation claim — only that they had a good-faith reasonable belief that discrimination occurred.

What Is a Materially Adverse Action?

A “Materially Adverse Action” is any employer action harmful enough that it could dissuade a reasonable employee from engaging in Protected Activity. Courts look at whether the action affected job title, grade, hours, salary, or benefits, or caused a diminution in prestige or standing. Common examples include:

• Termination or wrongful firing;
• Demotion or reduction in pay;
• Suspension or unwarranted discipline;
• Reduction in hours or unfavorable schedule changes;
• Hostile work environment following a complaint; and
• Negative performance reviews issued in retaliation.

How Do You Prove a Retaliation Claim in Texas?

There are two ways to prove employer retaliation:

1. Direct Evidence — evidence that proves retaliatory intent without inference, such as an employer admitting verbally or in writing that an adverse action was taken because the employee made a complaint.

2. Circumstantial Evidence (Burden-Shifting) — employees prove retaliation by establishing: (1) they engaged in Protected Activity; (2) the employer took a Materially Adverse Action; and (3) a Causal Connection exists. Evidence of causal connection includes:

• Close timing between the protected activity and the adverse action;
• Knowledge of the protected activity by the decision-maker;
• Expressed negative attitude toward the employee’s complaint;
• Failure to follow established company policies;
• Different treatment compared to similarly situated employees; and
• Evidence that the stated reason for termination was false (pretext).

What Damages Can You Recover in a Texas Retaliation Case?

If you win a retaliation claim against your Texas employer, you may be entitled to recover:

• Back Pay & Front Pay — wages lost from the time of retaliation through trial and anticipated future lost wages;
• Lost Benefits — health insurance, retirement contributions, and other benefits;
• Compensatory Damages — emotional pain, suffering, and mental anguish (subject to statutory caps);
• Punitive Damages — when an employer acted with malice or reckless indifference to your rights;
• Pecuniary Damages — out-of-pocket economic losses such as medical expenses; and
• Attorneys’ Fees & Costs — a prevailing employee may recover attorney’s fees from the employer.

How and When to File a Retaliation Claim in Texas

Most Texas retaliation claims require filing a Charge of Discrimination with the EEOC or Texas Workforce Commission (TWC) before filing a lawsuit. Deadlines are strict:

• EEOC: Generally 300 days from the act of retaliation;
• TWC: Generally 180 days from the act of retaliation.

Some retaliation claims — including FMLA retaliation, Sabine Pilot retaliation, and Workers’ Compensation retaliation — do not require EEOC/TWC filing but have their own deadlines. Contact a Texas retaliation attorney immediately. Visit our EEOC & TWC page for more information.

Texas Retaliation Attorney Serving Austin, Houston & San Antonio

Attorney Jack Nichols represents Texas employees in retaliation cases across the entire state. Whether you are in Austin, Houston, San Antonio, or elsewhere in Texas, our firm is ready to fight for you:

• Austin Retaliation Attorney — representing employees throughout Travis County and Central Texas;
• Houston Retaliation Attorney — fighting for employees in Harris County and Greater Houston; and
• San Antonio Retaliation Attorney — representing workers in Bexar County and South Texas.

Frequently Asked Questions — Texas Workplace Retaliation

Q: I complained about discrimination and then got fired. Is that illegal retaliation?
A: It may be. Close timing between your complaint and termination is strong evidence of retaliation. Contact a Texas retaliation attorney immediately to evaluate your case.

Q: I returned from FMLA leave and was immediately terminated. Do I have a case?
A: Termination shortly after FMLA leave raises serious retaliation concerns. Contact our FMLA retaliation attorneys immediately.

Q: I complained about unpaid overtime and was fired. Is that retaliation?
A: Yes — the FLSA prohibits retaliation for wage and hour complaints. This is one of the most actionable retaliation claims in Texas.

Q: How long do I have to file a retaliation claim in Texas?
A: As little as 180 days depending on your claim type. Do not wait — contact us immediately.

Q: Can I be retaliated against for helping a coworker’s discrimination complaint?
A: Yes. Texas and federal law protect employees who assist coworkers in discrimination proceedings. You may have your own retaliation claim.

Contact a Texas Retaliation Attorney — Free Consultation

If you believe you have been retaliated against by your Texas employer, contact Attorney Jack Nichols today. With 28 years of experience representing Texas employees, our firm handles retaliation cases throughout Austin, Houston, San Antonio, and all of Texas. Call (512) 595-1269 or use the form below to schedule your free confidential consultation. Deadlines are strict — do not wait.

The Law Office of Jack Quentin Nichols, PLLC

Texas Discrimination Attorney | Texas Employment, Retaliation & Sexual Harassment Attorney | 28 Years of Experience

Licensed by the State Bar of Texas since 1997  |  Former Texas Attorney General’s Office representing the Texas Workforce Commission  | 

Member: State Bar of Texas — Labor & Employment Section  |  Texas Employment Lawyers Association (TELA)

Admitted to practice before the United States Court of Appeals for the 5th Circuit and the

United States District Courts for the Western, Southern, Northern, and Eastern Districts of Texas.

Representing employees in Austin, Houston, San Antonio & all of Texas.

Book a Free Confidential Consultation   ☎ (512) 595-1269