Take Action With Our Houston Retaliation Attorney On Your Side!
Did you lose your job due to employer retaliation? Do you wish to seek justice for the unfair treatment you received after getting injured on the job? Our Houston retaliation attorney is here to help you fight for your rights and hold your employer accountable for their actions. With our experience and expertise, we will guide you through the legal process and ensure that you receive the compensation and justice you deserve.
An injury on the job can cause temporary job loss and require medical treatment. Many employers retaliate against employees who file a workers’ compensation claim, often due to their frown on insurance premiums. This can lead to unlawful terminations and replacements, which can negatively impact the employee’s income and support system. To protect your job and rights, speak with an experienced retaliation attorney in Houston, TX.
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.
- Engaging in a protected activity (e.g., reporting misconduct).
- Experiencing adverse action (e.g., demotion).
- 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.
How to Win Your Retaliation Case
Establishing a clear cause-and-effect connection between engagement in a protected activity and experiencing an adverse reaction lays the foundation for a persuasive case against the employer. You and your attorney will have to skillfully organize and present your evidence to construct a compelling case, enhancing your likelihood of success.
However, intricate scenarios like a retaliation case can be confusing for most people. Seeking the services of an employment lawyer specialized in such cases guarantees strategic guidance throughout the legal process. Moreover, employees can leverage both internal reporting protocols and recognized avenues like the EEOC to record and resolve instances of retaliation.
FAQs for Workplace Retaliation in Houston TX
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.
Are you a victim of workplace retaliation? Call us today!
Have you experienced any instances where your employer or manager has taken retaliatory actions against you for standing up for your rights as an employee? Have they engaged in any illegal activities that have directly resulted in your job loss or negatively impacted your professional growth?
If you were the victim of retaliation at work, you should get in touch with Leeds Law Firm. Our retaliation attorneys in Houston TX can help you understand your rights and legal options. With years of experience in handling workplace retaliation cases, our attorneys are dedicated to fighting for justice on behalf of our clients. We will work tirelessly to hold your employer accountable for their actions and seek the compensation you deserve. Don’t suffer in silence – contact Leeds Law Firm today to schedule a consultation and take the first step towards reclaiming your professional life.
Leeds Law Firm is a Houston-based law firm. Our experienced Houston employment lawyers, Houston personal injury attorneys, and Houston criminal defense lawyers is here to help families and individuals resolve legal troubles in Texas.
