Ambitious, Experienced And Professional Employment Law Attorneys

Stop Employer Retaliation In Its Tracks

Last updated on January 4, 2024

From Gregg’s interview for the Masters of Employment Law series on

Specific issues addressing retaliation are addressed in other areas of this website. For example, Texas has statutes that protect particular types of employees, such as whistleblowers and workers who file claims for Texas workers’ compensation, from employer retaliation.

The legal team at Rosenberg & Associates is specifically trained to identify issues that give rise to any form of retaliation claims. With more than 35 years of combined experience, we use our knowledge of state and federal law to help you protect your rights and end unfair treatment.

Are You Afraid For Your Job?

The issue that causes the most concern for potential clients is the fear of retaliation for bringing a claim against their employers, and this is what we will will address in this section. For example, we see many situations in which an employee is working for the same company for a long period of time and does not want to do anything that will place her career in jeopardy. She sees that things at the job start to change. Opportunities to promote are not there to the extent that they used to be. Younger people are getting better chances to move up in the company at the rate that she used to.  She thinks that this may be based on something illegal such as race, age or national origin but is afraid to rock the boat for fear of retaliation.

In another example, somebody knows that they are not being paid correctly and wants to assert an overtime claim but is again afraid to do so, for the same reason, they are afraid to cause trouble. They are afraid that if they do something to protect their rights, the company will fire them and it won’t be worth what they did.

We Use The Law To Protect Your Rights

The answer to this concern for many is relatively simple. Both Texas and federal employment law 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 Texas Workforce Commission – Civil Rights Division (TWC-CRD”) is protected against retaliation as well. We often see situations where the retaliation aspect of a potential client’s claim is actually better 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.

Learn How To Stop Retaliation In Your Workplace

Your career is on the line. At Rosenberg & Associates, we can help you end your employer’s retaliation. To schedule an initial consultation with our staff, call 713-369-5978 or click here. Our team is ready to help you.