Most issues addressing retaliation are addressed specifically in other areas of this website. For example, Texas has specific statutes that protect whistleblowers from retaliation and also protects workers who file claims for workers compensation under Texas workers compensation laws. Rosenberg Sprovach’s lawyers are specifically trained to identify issues that give rise to any form of retaliation claims.
The issue that causes the most concern for potential clients is the fear of being retaliated against for bringing a claim against their employer.
The answer to this concern for many is relatively simple. Both Texas and federal employment laws have anti-retaliation provisions built into the statutes that address employment discrimination. For example, the Fair Labor Standards Act and the Family and Medical Leave Act both contain explicit anti-retaliation provisions that prohibit employers from retaliating against employees who take action under those statutes to protect their rights such as filing lawsuits. Similarly, an employee who files a Charge of Discrimination with either the Equal Employment Opportunity Commission (“EEOC or the TWC-CRD is protected against retaliation as well. We often see situations where the retaliation aspect of a potential client’s claim is actually stronger than the underlying discrimination claim due to the temporal proximity (relationship in time) between the filing of the Charge of Discrimination and any potential adverse job action that comes about as a result of the filing of the Charge of Discrimination.