Punished for Telling the Truth? Talk to a Texas Retaliation Lawyer

Employers can’t punish you for speaking up. Not for reporting discrimination, safety hazards, harassment, or violations of corporate policy.

But for many workers in Texas, either they fear employer retaliation, or they lose hope after experiencing it. In both cases, knowing your rights can make a big difference.

Punchwork Law is here to remind all employees across Texas: You are protected against unlawful retaliation, and our attorneys know how to fight hard for your rights.

Call us for a free consultation. We’re ready to listen and give advice.

What Is Employer Retaliation?

Retaliation is any adverse action an employer takes against an employee for engaging in a protected activity. Some examples of the activities protected by federal and state laws include:

  • Filing or acting as a witness in an EEOC lawsuit, charge, or complaint
  • Reporting discrimination to a supervisor or manager
  • Resisting sexual harassment or unwanted advances
  • Asking for accommodations for your disability or religious practice
  • Answering questions during an employer investigation

Mistreatment by your employers after you perform these actions is illegal. Full stop.

If you feel your employers are abusing their power over you after engaging in a protected activity, then talk to Punchwork Law. You won’t have to take on your employer alone. We’re here to help you fight back.

Laws for Protected Activity from Retaliation

There are several existing federal and state laws in place that protect workers from employer retaliation.

It’s important to know their names and the particular rights they cover, especially if you believe you’re a victim of employment discrimination and retaliation.

Federal Laws

The main agency that deals with workplace retaliation cases at the federal level is the Equal Employment Opportunity Commission (EEOC), along with the Wage and Hour Division of the Department of Labor (DOL).

As of 2024, retaliation claims accounted for around 47.8% of all filings with the EEOC, making retaliation one of the most common complaints against employers.

Here are the federal laws that the EEOC enforces against retaliation:

  • Title VII of the Civil Rights Act
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Equal Pay Act (EPA)
  • Genetic Information Nondiscrimination Act (GINA)
  • National Labor Relations Act (NLRA)
  • Fair Labor Standards Act (FLSA)
  • Family and Medical Leave Act (FMLA)

Each of the laws above has sections that address the different types of retaliation people can experience in the workplace. However, even with so many laws in place, employers often find sneaky loopholes to get away with violating them.

Why? Because employees are often unaware they have these rights in the first place. At Punchwork Law, our Texas employment lawyers hear out your case and share our legal knowledge to help you punch back against abusive employers.

Want to make an EEOC retaliation claim in Texas? Our experienced firm assists with both filing and working with the agency to help you take legal action against your employers. There are deadlines, so it’s best to reach out sooner rather than later.

Texas State Laws

Federal laws aren’t your only legal protection. The Texas Workforce Commission (TWC) also enforces state laws under the Texas Labor Code that protect workers from retaliation. Here are a few key codes to remember:

Chapter 21

Chapter 21 of the Labor Code covers retaliation against an employee “who opposes a discriminatory practice, makes or files a charge, files a complaint, or testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.”

Chapter 451

Chapter 451 protects employees from retaliation when filing a workers’ compensation claim. If an employer fires a worker who submits a workers’ comp claim, they are liable for wrongful termination under this chapter.

These are a few examples of federal and state laws that may apply to a retaliation case. With a team of skilled workplace retaliation attorneys, Texas employees will have all the leverage they need to build a strong case.

Schedule a free consultation with us. We want to learn about your situation and how we can help.

Common Examples of Strong Retaliation Claims

Knowing if you have a valid retaliation case can be tough. Below, we share a few concrete examples of unjust retaliation to help you assess the strength of your case before chatting with us.

Clear Retaliation

Here are some well-defined examples of obvious retaliation by an employer:

Termination

You are terminated from your job after reporting harassment, discrimination, a safety issue, or a wage violation.

Demotion

You see a noticeable loss of status or privilege, or a reduction in duties and responsibilities at your job after filing a complaint.

Cuts to Your Salary or Hours

You realize your salary or work schedule has been significantly reduced after you reported someone who was performing an unsafe or illegal activity.

Subtle Retaliation

There are also more sneaky or indirect forms of employer retaliation, such as:

Exclusion and Isolation in the Workplace

Employers keep you from important meetings, discussions, or important projects after you spoke to HR about a clear case of workplace discrimination or harassment.

Unreasonably Negative Performance Reviews

After making a complaint about harassment or a costly safety hazard, you receive a negative performance review, even though it’s clear you are among the company’s best employees.

Sudden Changes to Your Schedule

Among the most subtle forms of retaliation is sudden or unnecessary changes to your work schedule after filing for workers’ compensation.

Proof We Look for to Build a Strong Retaliation Case

Proving retaliation first requires you to notice an event where you, as an employee, complain and your employer reacts by changing your job status, income, or schedule.

Here’s what one of our top employment lawyers and team members at Punchwork Law, Founder Chris Burks, has to say about proving retaliation:

“We look for proof like emails soon after reporting an issue, screenshots of being uninvited from meetings, or write-ups that come out of nowhere.”

In every retaliation case, our Texas employment retaliation lawyers examine these three factors:

  • Protected Activity: Your rightful actions as an employee, such as reporting illegal discrimination, participating in an investigation, or requesting workers’ compensation, medical, or religious accommodations
  • Adverse Action: An act your employer makes that harms you for committing a protected activity, such as termination of employment, or less direct acts like changing schedules or reducing salary
  • Causal Connection: Proof of a link between your activity and the employer’s negative actions

At Punchwork Law, we dig in to find all the proof you need to show your employers’ wrongdoing. If they don’t cooperate, we fight until you get what you deserve and then some. Bring your proofs and talk to us about your case today.

The Retaliation Case Process

Working through a retaliation case is tough. With a reliable workplace retaliation attorney, Texas employees don’t have to feel like they’re going in blind.

Here’s everything our employment lawyers at Punchwork Law will do in your retaliation case:

Step 1: Evaluation and Investigation

We’ll start by reviewing the details you provide during your free consultation and determining if you have a case for workplace retaliation. From there, we’ll work with you to gather all necessary proof of your employers’ retaliation.

Step 2: Establish Time & Cause

With all the evidence gathered, we then work to prove the reason your employer committed an act of retaliation. Timelines are a big factor here. The closer the retaliatory act is to your protected activity, the stronger our case will be.

Step 3: File Claims with the EEOC or TWC

Once we have made a concrete case to fight for your retaliation claim, we will have to file with either the EEOC or the Texas Workforce Commission.

Fortunately, Punchwork Law has experience filing EEOC retaliation claims. Texas employees can rest easy. We’ll provide you with an EEOC lawyer in Texas who will ensure you meet filing deadlines and experience little to no delays for your case.

Step 4: Negotiation & Settlement or Trial

In some cases, the EEOC may mediate between you and your employer. In that case, we can help you negotiate a settlement that satisfies your needs and ensures your employer gets the justice they deserve.

If you or your employer refuses to remediate, we can also represent you in court. During the trial, we’ll fight to prove that your employer violated the law by retaliating against you.

From beginning to end, Punchwork Law will guide you through this whole process in clear, straightforward terms, Texas-style.

For an expert employer retaliation attorney, talk to Punchwork Law today.

Why Choose Punchwork Law?

As a firm serving countless employees across the US, Punchwork is an expert in employment and Texas law. Here’s why hardworking Americans choose to work with our legal team:

  • We’re Open to Talk. Seriously, just call. We’re ready to book a free consultation, chat with you, and get seriously pissed off about what your employer did.
  • We Listen. Our clients aren’t case numbers. They’re people who need strong support and an open mind.
  • We’re Grounded. We see everyone as equals, and we speak to you as one too.
  • We Fight. We will prove your employers’ wrongdoing, and we’re ready to make them pay. We make every effort to help our clients feel like someone is in their corner.

For an Experienced Retaliation Lawyer, Texas Can Call Punchwork Law

Your employer may be creating a hostile work environment in retaliation for your honest and sincere efforts to keep others safe. They might also do the same after you experience unlawful discrimination, harassment, or other unfair treatment on the job.

At Punchwork Law, we don’t stand for any of it. As Texas discrimination lawyers and workplace retaliation attorneys, we fight to defend employees who have been wronged at work. We know you’re honest people trying to keep your heads above water and provide for your families. We also know that you didn’t deserve what you went through then (or what you’re dealing with now).

So when you think an employer is starting to punish you for doing what’s right, talk to us. We’re here to help you punch back when they do. Call us today and schedule a free consult.

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Areas We Practice

Your case may be unique, yet it will fit into one area of law we practice. We promise this is the only point where we put labels on your case.

FAQs

Have Questions? We have answers.

  • What counts as workplace retaliation in Texas?

    It can be subtle or more obvious, but retaliation is any harmful action an employer takes against you after you’ve performed a protected act, such as reporting a discriminatory act, sexual harassment, or a safety hazard at your workplace.

  • Is Texas an at-will state, and can that affect retaliation claims?

    Texas is an at-will employment state, which means employers may terminate employees for any reason at any time. But there are several laws that protect you from being fired for illegal reasons, including discrimination and retaliation for something you did lawfully.

    If you deal with or have dealt with serious issues like this at your workplace, talk to a reliable Texas discrimination lawyer from Punchwork Law. We have worked on many retaliation cases. Let us help you succeed in yours

  • How do I prove my employer retaliated against me?

    You’ll have to prove that they retaliated by showing the reason or cause for their retaliation and the timing between when you committed a protected act and when they retaliated against you.

    You’ll likely need documents, written communications, and even witnesses to help prove your case in court. With a Punchwork lawyer, who is an expert in protected activity retaliation cases, you’ll have a better chance of building a strong and successful case.

  • How long do I have to file a retaliation claim in Texas?

    If you file with the Texas Workforce Commission, your deadline is 180 days from the date of the retaliation. If you file jointly with the EEOC, you’ll have 300 days to file.

  • What damages can I recover for retaliation?

    Most of it will be based on your job income, but the damages you can receive are:

    • Back pay, including lost wages, bonuses, and commissions
    • Cost of lost health insurance, workers’ compensation, retirement plans, and so on
    • Compensation for emotional and mental pain, and other punitive damages, too
  • Do I need a lawyer for an EEOC retaliation claim in Texas?

    You’re not required to have a lawyer to file a retaliation claim with the EEOC, but it does make the process a lot easier. At Punchwork Law, our legal experts in employment law help ensure your case is airtight and experience as few delays as possible with the EEOC.

Let’s find a way to punch back

Don’t take on your employer and the EEOC process alone. We are ready to talk when you are, just say the word.

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Chris Burks and Punchwork, PLC operate out of 1 Riverfront Pl., Suite 745, North Little Rock, AR 72114. Our representation is limited to clients at the EEOC, and is authorized according to 29 C.F.R. § 1614.605. Prospective clients may not obtain the same or similar results. Nothing on this website is intended to imply any legal outcome. Chris Burks is admitted to the Bar of Texas and Arkansas.

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