RETALIATION ATTORNEY AUSTIN TX
Texas employers cannot legally punish employees for engaging in protected activities — filing workers' comp claims, reporting safety violations, making discrimination complaints, or taking FMLA leave. When they do, it's retaliation — an independent legal claim. Our Austin retaliation attorneys fight employers who punish workers for exercising their legal rights.
What We Can Help You With
Workers' comp retaliation
Texas Labor Code § 451.001 — up to $250,000 exemplary damages for retaliating against workers' comp filers
EEOC charge retaliation
Termination or demotion after filing an EEOC discrimination complaint — independent Title VII violation
OSHA whistleblower retaliation
Federal protection for employees who report workplace safety violations
FMLA retaliation
Punishing employees for taking protected family and medical leave
Internal complaint retaliation
Adverse action after using the employer's own complaint process
Constructive discharge
Forced resignation through intolerable working conditions — treated as termination for legal purposes
Frequently Asked Questions
What protected activities trigger anti-retaliation protection?▾
Filing workers' comp claims, EEOC charges, OSHA complaints, or internal HR complaints; taking FMLA leave; testifying in workplace investigations; and reporting illegal activity (whistleblowing) are all protected.
How close in time must retaliation be to the protected activity?▾
Courts look for temporal proximity — typically within weeks to a few months. However, a consistent pattern of adverse treatment following protected activity can support a claim even with a longer gap.
What is the deadline to file a retaliation claim?▾
For EEOC-based retaliation: 180 days. For workers' comp retaliation under Texas Labor Code: 180 days. These are strictly enforced — contact an attorney immediately after any retaliatory act.
What if my employer claims the adverse action was for performance reasons?▾
This is the most common defense. An attorney challenges pretextual performance reasons by showing the concerns arose only after protected activity, weren't applied to similarly situated employees, or contradict your documented record.