Retaliation

Defending Your Rights, Fighting Workplace Retaliation
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Houston, Texas Retaliation Attorney

Know Your Legal Options When Facing Retaliation

Workplace retaliation refers to adverse actions or behaviors taken by an employer or colleagues against an employee in response to their engagement in protected activities or their assertion of their rights in the workplace. A retaliation lawyer in Houston, TX is all you need if you encounter issues such as demotion, termination, harassment, or a hostile work environment.


Leeds Law Firm stands ready to assist you with our vast knowledge in retaliation matters. If you or your organization are facing retaliation-related challenges, we invite you to take advantage of our dedicated legal services. Our experienced Texas employment law attorneys are well-versed in navigating the intricate legal frameworks, advocating for your rights, and seeking resolutions that align with your goals.


Reach out to Leeds Law Firm today for a consultation with a knowledgeable Houston employment lawyer and learn more about retaliation in the workplace.


What is Retaliation?

Retaliation is a form of response or action taken in response to perceived or actual harm, offense, or provocation. It involves retaliatory measures that are intended to punish, seek retribution, or assert one’s power or dominance. 


It could occur in various contexts, including personal relationships, workplaces, legal systems, and even international relations. It can take many forms, ranging from verbal or physical confrontation to legal actions, social exclusion, or sabotage. Retaliation is driven by various motivations, including seeking justice, preserving power, or sending a deterrent message. 


However, it is important to note that retaliation can perpetuate cycles of conflict, escalate tensions, and have negative consequences on relationships and broader societal dynamics. Addressing retaliation requires understanding its underlying causes and developing strategies to manage and prevent its occurrence.


What Is Workplace Retaliation?

Workplace retaliation refers to adverse actions or behaviors taken by employers, supervisors, or coworkers against an employee in response to their engagement in protected activities or the assertion of their rights in the workplace. It occurs when an individual faces negative consequences as a direct result of reporting discrimination, harassment, unsafe working conditions, or other unlawful practices, filing a complaint, participating in an investigation, or exercising their legal rights.


Below are examples of workplace retaliation:

  • Termination or demotion – An employee may face unjust termination or demotion as a form of retaliation for speaking up about workplace issues or asserting their rights.
  • Unfair treatment – Retaliatory actions can involve subjecting an employee to differential treatment, such as denying promotions, pay raises, or desirable work assignments.
  • Harassment or hostile work environment – Retaliation may manifest as increased hostility, harassment, or creating a toxic work environment to intimidate or silence the individual.
  • Isolation or social exclusion – Retaliatory measures can involve isolating or excluding an employee from social or professional networks, limiting their opportunities for advancement or collaboration.
  • Increased scrutiny or micromanagement – A retaliating supervisor may excessively monitor, scrutinize, or micromanage the targeted employee, creating an oppressive work environment.
  • Negative performance reviews – Retaliation may manifest through unjustified negative performance evaluations, unwarranted disciplinary actions, or the imposition of unrealistic expectations to undermine the employee’s professional standing.



Workplace retaliation undermines employee morale, creates a culture of fear and silence, and erodes trust within the organization. It is essential for employers to uphold a safe and respectful work environment, adhere to laws and regulations protecting employees against retaliation, and establish mechanisms for reporting and addressing such issues. So if you believe you are facing such issues, it is best to consult a knowledgeable retaliation attorney immediately!

Call Leeds Law Firm, PLLC at 713-322-9626 to schedule a consultation with a lawyer today.

How to Determine If Your Employer is Retaliating Against You?

Identifying workplace retaliation can be challenging as it often involves subtle or indirect actions. It is very important that you know this before you start making a complaint.

Here are the indicators that can help you know the factors:

  • Timing – Retaliation often occurs soon after you engage in a protected activity or assert your rights. If you notice adverse actions happening shortly after you took action, such as filing a complaint or reporting an issue, it could be a sign of retaliation.
  • Adverse changes in treatment – Pay attention to any sudden and significant changes in how you are treated at work. This could include being excluded from meetings or projects, receiving negative performance reviews despite previous positive feedback, being denied promotions or training opportunities, or experiencing unwarranted disciplinary actions.
  • Increased scrutiny – If you notice that your employer or supervisors are excessively monitoring your work, scrutinizing your performance, or imposing unrealistic expectations on you while not doing the same for others in similar positions, it may indicate retaliatory behavior.
  • Isolation or exclusion – Retaliation often involves isolating the targeted employee. If you find yourself suddenly excluded from social activities, professional networks, or important communication channels that are necessary for your job, it could be a sign of retaliation.
  • Hostile work environment – Retaliation may contribute to the creation of a hostile work environment. If you experience increased hostility, bullying, intimidation, or consistent verbal abuse from supervisors, coworkers, or superiors, it is essential to consider whether retaliation is a factor.



 It is important to note that these signs may not always definitively indicate retaliation, as there can be other explanations for changes in treatment. However, if you suspect retaliation, it is advisable to document incidents, gather evidence, and consult with an employment attorney or a relevant authority, such as a human resources department or an external agency responsible for investigating workplace misconduct.

What Should I Do If I Suspect Retaliation?

If you suspect retaliation in the workplace, it is important to take certain steps to protect your rights and address the situation effectively. 


Keep a detailed record of any incidents related to the suspected retaliation. Include dates, times, locations, individuals involved, and a description of what occurred. This documentation will help support your case if you decide to take further action. Retain any supporting evidence, such as emails, text messages, memos, or other documents that can corroborate your claims of retaliation. Make backups of electronic evidence and keep physical copies in a secure location.


It is also best to familiarize yourself with your company’s policies and procedures regarding reporting retaliation or workplace misconduct. Understand the steps you should follow and the channels available for addressing such concerns. 


Of course, it is ideal to seek legal advice from an employment attorney who familiarizes with labor laws. They can help evaluate your situation, review your evidence, and provide guidance on the best course of action to protect your rights and interests. 


Why Do I Need a Retaliation Lawyer?

Retaliation cases involve intricate legal nuances and requirements. A retaliation lawyer well-versed in employment law and has in-depth knowledge of the relevant statutes, regulations, and case precedents. They understand the legal elements required to prove retaliation and can guide you through the complex legal process.

  • Evaluation of your case – A retaliation lawyer will review the evidence, documentation, and circumstances surrounding the alleged retaliation. They can provide an objective analysis of the merits of your case, identify potential legal claims, and help you understand your rights and legal options.
  • Guidance on legal strategy – A retaliation lawyer will guide you on the best course of action, including the appropriate administrative procedures, negotiation tactics, or litigation if necessary. Their experience ensures that your interests are protected and that you are pursuing the most effective legal avenues.
  • Collection and preservation of evidence – Retaliation lawyers understand the importance of gathering and preserving evidence to support your case. They can assist in collecting relevant documentation, interviewing witnesses, and ensuring that the evidence is properly organized and presented to strengthen your claims.
  • Negotiation and settlement representation – If your case can be resolved through negotiation or settlement, a retaliation lawyer can advocate on your behalf. They will engage in negotiations with the opposing party, ensuring that your rights and interests are protected and seeking a fair resolution.
  • Representation in legal proceedings – If your case progresses to litigation, a retaliation lawyer will represent you in court. They will draft legal documents, present your case before a judge or jury, and provide skilled advocacy to support your claims. 


Having a lawyer by your side ensures that you have a strong legal advocate fighting for your rights throughout the litigation process. At Leeds Law Firm, we’re here to provide the best guidance you need if you want to pursue your retaliation case.


Call our Houston Retaliation Lawyer Now!

Don’t let the fear of retaliation hold you back from asserting your rights or seeking the compensation you deserve. Our retaliation lawyers in Houston, TX will meticulously evaluate your case, gathering compelling evidence to build a strong foundation.


At Leeds Law Firm, we understand the distress and frustration that come with retaliation. Our team of experienced employment law attorneys has a deep understanding of the intricacies surrounding retaliation cases. We are dedicated to fighting for your rights and seeking justice on your behalf.


Aside from helping you with your retaliation case, we also offer other legal services for disability discrimination, severance agreement, and age discrimination. 


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  • What is Workplace Retaliation?

    When an employer takes adverse action against an employee for exercising their employment rights under federal or state law, this is referred to as workplace retaliation. There are state and federal laws that protect employees from discrimination, harassment, and health and safety violations, as well as provide whistleblowers with the right to protection.

  • Which laws protect employees against retaliation?

    Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and Section 1981 of the Civil Rights Act collectively provide strong legal protection against retaliation. These laws safeguard employees who report discrimination, harassment, or other workplace violations from any form of retaliation, such as termination, demotion, harassment, or a hostile work environment.

    • Title VII: Title VII of the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or national origin. When it comes to workers’ compensation, Title VII ensures that employees are not subjected to discriminatory treatment in terms of benefits, opportunities, or adverse actions due to their participation in workers’ compensation claims.
    • Section 1981: Section 1981 of the Civil Rights Act prohibits racial discrimination in employment contracts. In the context of workers’ compensation, Section 1981 guarantees that individuals are not treated unfairly or denied rightful compensation based on their race or ethnicity.
    • Chapter 21 of the Texas Labor Code: This Texas state law protects employees from receiving retaliation for reporting discrimination, submitting an EEOC charge, or participating in any other protected activity.
    • ADEA: The Age Discrimination in Employment Act (ADEA) guards older workers against age-based discrimination. In the context of workers’ compensation, ADEA prevents employers from treating older employees unfairly or subjecting them to disparate treatment in relation to their workers’ compensation claims.
    • ADA: The Americans with Disabilities Act (ADA) offers protection to employees with disabilities, ensuring they are not discriminated against due to their disabilities. In the context of workers’ compensation, the ADA ensures that disabled employees are granted equal access to benefits and accommodations related to their workplace injuries.

  • What are the types of retaliation in the workplace?

    Retaliation can take on various manifestations, encompassing both direct and subtle types.


    Direct Retaliation

    Direct retaliation encompasses evident and punitive steps, such as wrongful termination, demotion, salary reduction, or the withholding of promotions. This type of retaliation is easy to spot and can lead to legal consequences. It goes against the protections given to employees who stand up for their rights against discrimination, harassment, or reporting wrongdoing.


    Subtle Retaliation

    However, subtle retaliation refers to the act of giving the employee unpleasant tasks, isolating them, or creating a hostile work environment in order to force them to quit. Proving subtle retaliation can be difficult because it may not be directly connected to the protected activity.


    However, it is still considered a legal violation if it can be shown that these actions are specifically related to an employee’s participation in protected activities.

  • Can I sue for retaliation in Texas?

    How to File a Retaliation Claim

    To initiate a retaliation claim, an employee usually submits an official complaint with their employer’s HR division or the pertinent governing body. This complaint outlines the protected activity they participated in (such as reporting discriminatory behavior), details the adverse action directed at them, and presents evidence linking the two. They can choose to adhere to internal protocols or reach out to a governmental entity like the Equal Employment Opportunity Commission (EEOC), providing details to initiate an investigation.


    How to Prove Retaliation in the Workplace

    Proving workplace retaliation requires demonstrating a clear sequence of activities.

    1. Engaging in a protected activity (e.g., reporting misconduct).
    2. Experiencing adverse action (e.g., demotion).
    3. Establishing a direct link between the two.

    Supporting evidence such as emails, witness testimonies, performance appraisals, and chronological alignment can strengthen the case. Additionally, maintaining consistency in recording incidents and preserving records is vital.

  • Can my employer retaliate if I file a workers’ compensation claim?

    It is illegal to retaliate against you for filing a workers’ compensation claim.


    If you were fired, demoted, or received harassment in the workplace due to your work compensation filing, you should talk to a local employment lawyer to discuss your legal options. The same applies if you were prevented from filing your workers comp claim in the first place.

  • Does my injury affect a workers compensation retaliation claim?

    It is important to note that under the Texas Labor Code, a workers’ compensation retaliation claim does not involve any determination as to the injury.


    For example, even if an employee was involved in an accident on the job and filed a workers’ compensation claim because he/she believed that they had suffered an injury, but medical tests revealed no injury, a claim for workers compensation retaliation could still exist.


    People often confuse the workers’ compensation process, which focuses more on the injury, when assessing a workers’ compensation retaliation claim. A workers’ compensation retaliation claim focuses on what negative actions the employer may have taken against the employee because of his/her filing a workers’ compensation claim or participating in the workers compensation process.


    In many of these situations, an employee is unsure of what steps to take when these circumstances occur. A good way to ensure you know your rights and what to do when these unfortunate circumstances arise is to consult an attorney knowledgeable about workers’ compensation retaliation cases. If you are in the Houston area and need to speak with a Houston workers’ compensation retaliation lawyer.

  • What can I do if I have been the victim of a workers compensation retaliation?

    If your employer retaliates against you for filing a workers’ compensation or participating in the workers compensation process, you can take legal action but you must act quickly.


    If you are in the Houston area and need to speak with a Houston workers’ compensation retaliation lawyer, call Leeds Law Firm. We will listen to your case and make sure you know all of your rights in these situations. Some employees have been awarded substantial money because of workers’ compensation retaliation.

  • I quit my job. Can I still file a retaliation complaint against my former employer?

    Yes, it’s possible to file a retaliation complaint against your former employer even after resigning from your position. Retaliation claims can stem from incidents that occurred while you were employed, regardless of your departure.


    Consulting with a Houston employee retaliation attorney is advisable to assess the strength of your case and navigate the process effectively. It’s important to note that legal protections continue to protect individuals from retaliation even after they have left their job, ensuring a fair workplace environment for everyone.

Have Questions?

Call Leeds Law Firm, PLLC at 713-322-9626  today.

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