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What Every Texas Employee And Employer Should Know About Workplace Retaliation

Workplace retaliation claims arise under a wide variety of circumstances. Whether you are an employee who has been retaliated against or an employer who has been wrongly accused of retaliation, it is important to understand your legal options so you can protect your interests.

If you are involved in a claim of workplace retaliation in Houston, speak with a Texas employment lawyer as soon as possible to begin resolving the issue. 

Retaliation takes many forms.

Not every slight that occurs in the workplace gives right to a potential claim. Usually, wrongs in the workplace must rise to the level of "adverse employment actions" before they can form the basis for a retaliation claim. Some examples of adverse employment actions include:

  • Termination
  • Failure to promote
  • Failure to hire
  • Pay reduction
  • Demotion
  • Suspension without pay
  • Unwelcome and unfavorable transfer
  • A hostile work environment

Actions that can form the basis for a retaliation claim or "protected conduct" include:

  • Taking Family and Medical Leave Act (FMLA) leave
  • Reporting OSHA violations or other safety issues
  • Filing a workers' compensation claim
  • Complaining about violations of the federal minimum wage or overtime laws
  • Making a complaint of racial, gender, religious, or other form of unlawful discrimination
  • Participating in an investigation of workplace discrimination
  • Certain whistleblower complaints

When is a retaliation claim valid?

The answer to that question will, of course, depend on the facts of the case. Not every termination that follows protected conduct is retaliatory, and just because an employee engages in protected conduct does not mean that employee is insulated from being terminated for other lawful reasons.

However, if you believe you have been illegally retaliated against in the workplace, or if you are an employer who has been falsely accused of retaliation, your interests will be best served by immeditely seeking the counsel of an employment law attorney with experience on both sides of employment disputes. A lawyer with experience on both sides of these claims is in the best position to investigate the claim, anticipate the other side's next move and help you obtain a positive outcome.

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