Employer Retaliation

A Retaliation Discharge Employment Lawyer at the Pursley Law Firm will review the details of your case to determine whether you were wrongfully terminated or otherwise suffered retaliation from an employer. The Pursley Law Firm has the ability to pursue claims for retaliation in employment victims all over Texas; including the cities of Dallas, Houston, Austin, Fort Worth, San Antonio, and El Paso. Retaliation in employment is much more common these days as shown by the EEOC statistics; so an experienced Retaliation Discharge Employment lawyer is ready to discuss your case with you and how he can help you.

Workplace retaliation claims account for an ever-growing portion of employment litigation nationwide. Anti-retaliation prohibitions in employment law are wide-ranging and cross statutory and common law lines. Generally speaking, an employer may not retaliate against an employee or applicant because that employee or applicant exercised a right or engaged in an activity protected by law. Protected activities include: employee opposition to perceived violations of law by the employer, especially illegal discrimination, and participation in the process or prosecution of a protected claim or lawsuit. For example, an employee who casually complained to his or her employer about race discrimination would be protected from retribution for this assertion, as would be the employee who filed a more formal charge of discrimination or a lawsuit based on the same claim. In addition to race, the underlying issues supporting an allegation of retaliation include claims of sex, pregnancy, religion, age, and disability discrimination under Title VII of the Civil Rights Act of 1964, the Texas Commission on Human Rights Act (TCHRA), the Age Discrimination and Employment Act (ADEA), and the Americans with Disabilities Act (ADA). In addition, claims of retaliation may be brought based on rights protected under the Occupational Health and Safety Act (OHSA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), the Corporate and Criminal Fraud Accountability Act of 2002 (Sarbanes-Oxley), and other federal statutes. Retaliation claims may also be raised under other state statutes. Discrimination motivated by the employee's filing of, or participation in, a workers' compensation claim proceeding would, for example, be illegal retaliation.

Adverse reactions that an employee might suffer are: firing, refusal to promote or hire, threats, unjustified negative reviews or other actions against the employee, increased surveillance of employee or even assault. Slight annoyances, petty acts, or negative comments justified by poor work performance are not considered retaliation. Protected participation activities include such things as making a complaint to a governmental authority, filing a charge or lawsuit, helping another to file or prosecute a charge or lawsuit, testifying in such a charge or lawsuit, and related activities. To state a claim for retaliation, the individual must establish: s/he engaged in protected participation or opposition, the employer was aware of the activity, s/he suffered adverse treatment following the protected activity, and a casual connection exists between the protected activity and the adverse action. Once these are established, the burden of proof shifts to the employer for an alternate reason for the adverse reaction. As with discrimination claims, it is imperative that the employee pursue and exhaust all available administrative remedies first. The precedent set is that the court will only allow issues that were raised in the claim during the administrative process, so retaliation would be included in this requirement.

The amount of retaliation claims filed has more than doubled in the last decade. In 2004, the EEOC received almost 23,000 retaliation claims and resolved almost 25,000. Timing is also important in retaliation cases, so even if you are still attempting administrative remedies, you should seek the advice of an employment attorney for guidance in your retaliation claim.

Do I Have An Employer Retaliation Discharge Case in Texas?

Wrongful Termination Information Center

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