By nature, most of us are uncomfortable performing illegal or unethical acts at our employer’s request. And, while it may be difficult, you know the right thing to do is report your employer to the appropriate agencies.
If you are a public employee, you have the protection of the Texas Whistleblower Act. But what if you work in the private sector? Does the whistleblower act still protect you from retaliation or termination?
Wrongful discharge
The Texas Whistleblower Act only protects employees who work in the public sector, such as local and state governments, education or law enforcement. It states that public employees who report wrongdoings by their employers are protected from retaliation, termination or other adverse actions.
Texas doesn’t offer whistleblower protection for private sector employees. However, both private and public employees could have legal recourse if they believe their actions resulted in wrongful discharge. Even in an at-will employment state such as Texas, discharging someone for certain reasons is illegal. These include filing claims regarding OSHA violations or refusing to commit a criminal act.
Proving you’ve been wrongfully terminated can be challenging, but the following can help improve your case:
- Your employment contract
- Performance reviews
- Emails and other communications
These things may help you identify inconsistencies, such as being fired for poor performance but having received multiple positive reviews. You must also show the connection between your protected activities and your termination. Having testimony from other colleagues and supervisors can help bolster your claim.
Employees might also qualify for protection under federal whistleblowing laws. Doing the right thing isn’t always easy, especially when it may cost you your livelihood and ability to provide for your family. Discuss your concerns with someone who has extensive knowledge of whistleblower protections. They can guide you to the right choice and ensure your rights are upheld in the process.