As an employee, you are entitled to certain rights under federal law and the Texas labor code. You should be able to exercise those rights without facing any retribution from your employer. As defined by the Equal Employment Opportunity Commission (EEOC), workplace retaliation occurs when a job applicant or employee is punished for asserting their rights. Retaliation is illegal.
At the Law Office of Jeffrey A. Goldberg, our Austin workplace retaliation lawyer is an experienced and effective advocate for employee rights. If you or your loved one was subject to unlawful retaliation in the workplace, we are here to help. To set up a completely confidential, free initial case evaluation by a top-rated Texas employment attorney, please contact us today.
You Have a Right to Engage in Protected Activities
State and federal labor laws are clear: Employees have the right to participate in protected activities. An employer cannot punish you or otherwise harass you simply because you asserted your rights under the law. There are many different types of protected activities. Some notable examples include:
- Reporting discrimination or harassment internally within the company;
- Filing a discrimination or harassment claim;
- Supporting another employee’s discrimination or harassment case;
- Requesting an accommodation for a disability;
- Refusing to engage in unlawful activity;
- Terminated after filing a workers’ compensation claim of reporting a job injury.
Workplace Retaliation: Adverse Actions
Punishment for exercising your rights is not acceptable. Sadly, it happens in far too many cases. The EEOC reports that retaliation is the single most common allegation raised in employment lawsuits. Anti-workplace retaliation laws prohibit a company or organization from taking any type of adverse employment action against an employee simply because they engaged in a protected activity. Adverse employment actions can come in many forms, including:
- A bad performance review;
- Loss of pay or benefits;
- Loss of a promotion or job opportunity;
- Suspension or other discipline;
- Write up or suspension;
- Wrongful termination; and
- Harassment.
In order to file a successful retaliation complaint, an employee must establish causation between their protected activities and the negative employment action that was subsequently taken against them. An experienced Texas unlawful retaliation lawyer can help you put together a strong, well-supported legal case.
Retaliation May Be Covered Up by False Reasons– Pretextual Justifications
Although it can happen, few companies or organizations openly admit that they are retaliating. Instead, they try to hide the wrongful behavior. Most employers have a broad understanding that workplace retaliation is prohibited. As a consequence, retaliation is frequently covered by false reasons or alternative (lawful) justifications. In employment law, this is often referred to as pretextual reasoning. Simply defined, pretext is a false reason given for an adverse action that hides an employer’s true motives.
If your employer gave an invalid reason for your termination or punishment, you need to take action. Do not accept an employer’s false justifications. Their real motivation is what matters. Our top-rated Austin workplace retaliation attorney is more than ready to help. If we are able to represent you, we will initiate a detailed investigation to secure all of the evidence needed to hold a bad-acting employer or manager accountable.
A great experience, great insight, and a pragmatic conversation. I've worked with Jeffrey on a couple of employment contract questions I have had and quite appreciated his thoughts and insights. Would absolutely recommend!
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Choose a Board- Certified Labor and Employment Attorney, Jeffrey A. Goldberg
Workplace retaliation claims are complex. If your rights were violated by your employer, you need an experienced advocate on your side. As a Texas Board -Certified Labor and Employment attorney, Jeffrey A. Goldberg has litigated cases against some of the biggest companies and top law firms. He has a deep understanding of state and federal law and the actions needed to protect your rights and interests. When you reach out to our office, we will:
- Provide a free, confidential case evaluation to determine if you have a potential discrimination case;
- If we are able to represent you, we will investigate the retaliation case—securing relevant evidence; and
- Take legal action if necessary to protect your rights and your interests.
We are firmly committed to the notion that every employee deserves attentive, personalized representation from their attorney. Losing a job or being targeted in the workplace can have a devastating impact—financially and emotionally. Your case matters. Our Austin retaliation lawyer is here to hold your employer accountable and get you justice.
Call Our Austin Employment Retaliation Attorney for Immediate Assistance
At the Law Office of Jeffrey A. Goldberg, our Texas employment lawyer has extensive experience handling complex workplace retaliation cases. If you faced adverse action or harassment for engaging in protected activities, we are here to help. For a confidential, free case evaluation, please contact us right away. We are happy to meet with you via Zoom or Zoom, or telephone conference.
We represent employees and executives throughout the state of Texas, including Austin and the surrounding counties of Travis County, Hayes County and Williamson County.