You may have a retaliation case if you were fired or terminated because you engaged in “Protected Activity,” including but not limited to:**
• 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
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.
A: That can raise retaliation concerns. Prompt review is important.**
Q: I asked for an ADA accommodation and then was terminated.
A: Retaliation may exist where protected requests are followed by materially adverse action like termination.**
Q: Do I always need to file with EEOC or TWC first?
A: Some claims require administrative exhaustion; others may not. It depends on claim type and facts.
Q: If I believe I have been retaliated against, what evidence/documentation will I need?
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.
Important: Retaliation claims can have strict and short filing deadlines/statutes of limitations. Do not wait to get legal guidance.
*A Free Confidential Consultation is a short discussion of your legal needs to determine if our firm can be of assistance to you. It does not include free legal advice and nothing discussed during the Free Consultation should be construed as legal advice. Free Consultations are limited to certain practice areas. SENDING A MESSAGE THROUGH THIS WEBSITE, EMAILING OR CALLING AND/OR LEAVING A VOICEMAIL MESSAGE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP. NO SUCH RELATIONSHIP IS ESTABLISHED UNTIL AN AGREEMENT OF SUCH A RELATIONSHIP IS REDUCED TO WRITING AND SIGNED BY JACK QUENTIN NICHOLS. IF NO RESPONSE TO YOUR MESSAGES ARE RECEIVED BY YOU WITHIN 24 HOURS, YOU SHOULD CONSIDER OUR FIRM TO HAVE DECLINED TO REPRESENT YOU, AND YOU SHOULD SEEK THE ASSISTANCE OF ANOTHER ATTORNEY IMMEDIATELY AS THE LAW LIMITS THE TIME IN WHICH YOUR RIGHTS MAY BE ASSERTED.
**THE INFORMATION ON THIS PAGE AND ELSEWHERE ON THIS WEBSITE IS ONLY INTENDED TO PROVIDE A BRIEF OVERVIEW OF SOME OF THE LAWS AFFECTING EMPLOYMENT IN THE STATE OF TEXAS AND SOME OF THE REQUIREMENTS OF THOSE LAWS. THIS BRIEF OVERVIEW DOES NOT CONTAIN A FULL DESCRIPTION OF ALL OF THE LAWS AFFECTING EMPLOYMENT IN THE STATE OF TEXAS, NOR DOES IT CONTAIN ALL OF THE REQUIREMENTS TO PURSUE OR DEFEND ANY PARTICULAR TYPE OF EMPLOYMENT LAW CLAIM. THE LAW REGARDING EACH PARTICULAR EMPLOYMENT LAW CLAIM, AND THE INTERPRETATIONS THEREOF, MAY VARY FROM TIME TO TIME, PLACE TO PLACE, JURISDICTION TO JURISDICTION, AND FROM COURT TO COURT. IN ADDITION, THE APPLICATION OF ANY PARTICULAR EMPLOYMENT LAW WILL DEPEND ON THE FACTUAL CIRCUMSTANCES SURROUNDING EACH CASE. EVERY EMPLOYMENT LAW CASE IS FACTUALLY UNIQUE, AND THE APPLICATION OF EACH EMPLOYMENT LAW WILL VARY. ACCORDINGLY, NOTHING WHICH IS WRITTEN ON THIS PAGE IS INTENDED TO CONSTITUTE LEGAL ADVICE WITH REGARD TO ANY PARTICULAR SITUATION. YOU ARE ADVISED TO CONTACT AN ATTORNEY IMMEDIATELY TO DISCUSS THE APPLICATION OF THE EMPLOYMENT LAWS AFFECTING THE STATE OF TEXAS TO YOUR SITUATION.