You May Have a Retaliation Case If:

You May Have a Retaliation Case If You Engaged in Protected Activity

• Reported or complained about discrimination or harassment;

• Told your employer that you have a serious medical condition or disability;

• Took or requested Family Medical Leave Act FMLA leave;

• Requested a reasonable accommodation for a disability under the ADA;

• Made a complaint or report that a patient has been exposed to a substantial risk of harm and/or a patient safety issue or concern which violates the minimum standards of acceptable and prevailing professional practice, or for making a good faith request for a nursing peer review, under Texas Occupations Code §301.4025, §303.005, & §301.413; 22 Tex. Administrative Code §217.19; and the Texas Health and Safety Code Section §161.131; 

• Refused to commit an illegal act under Sabine Pilot;

• Requested, made a claim for, or took Workers’ compensation or Workmen’s compensation insurance; and/or

• Opposed unlawful conduct.

FAQ

Frequently Asked Questions About Workplace Retaliation in Texas

Q: I Complained About Discrimination and Then Got Fired — Is That Illegal Retaliation?

A: It may be. The answer depends on facts, timing, and evidence.

Q: I Returned From FMLA Leave and Was Terminated Shortly After — What Are My Rights?

A: That can raise retaliation concerns. Prompt review is important.

Q: I Asked for an ADA Accommodation and Then Was Terminated — Is That Retaliation?

A: Retaliation may exist where protected requests are followed by materially adverse action like termination.

Q: Do I Always Need to File With the EEOC or TWC Before Suing?

A: Some claims require administrative exhaustion; others may not. It depends on claim type and facts.

Q: What Evidence and Documentation Will I Need to Prove My Retaliation Case?

A: The evidence and/or documentation you will need to prove your case depends on the type of case and facts. It is often helpful to have:

• a timeline of events, including: dates of hire; the dates you engaged in Protected Activity (above); dates of discipline, employment reviews, employment awards, and positive and negative performance feedback; date of termination, etc.;

• Emails, electronic messenger feeds, and texts proving the Protected Activity and the retaliation;

• Recordings of the Protected Activity and the retaliation. Texas is a one-party state, where not prohibited, so as long as all parties to the recording are in Texas at the time of the recording, you may secretly record the conversation for potential use as evidence;

• Performance reviews and discipline records;

• Termination/severance paperwork; and

• Other proof of good performance, like sales records, etc., particularly that, as compared to your coworkers, if available.

For more of the legal framework on Texas retaliation claims, visit our Texas Retaliation Attorney page.

Important: Retaliation claims can have strict and short filing deadlines/statutes of limitations. Do not wait to get legal guidance.