What are the rules for retaliatory discharge?

Retaliatory discharge is a form of workplace discrimination that happens when an employer fires an employee in retaliation for exercising their rights or otherwise engaging in a protected activity. In the state of Texas, the general rule is that if an employer takes any action that is intended to discourage an employee from exercising their rights and they are not protected by the Texas Whistleblower Act, they can sue their employer for retaliatory discharge. In general, an employee is only protected from retaliatory discharge if they have refused to perform an illegal act, they have reported to the authorities that their employer has committed a crime, they have filed a workers’ compensation claim, they have questioned their employer’s payroll practices, or if they have engaged in union activities. An employee who has been fired in retaliation may sue their employer for damages, wages, and/or lost benefits. In order to win a case of retaliatory discharge, an employee must show that their action was a “substantial motivating factor” in the employer’s decision to fire them. In Texas, the law also prohibits employers from retaliating against employees for filing any kind of complaint with a government agency such as the Equal Employment Opportunity Commission. In addition, employers are required to provide notice to their employees of the laws and regulations protecting them from retaliatory discharge. Overall, retaliatory discharge is a form of workplace discrimination that is illegal and employers should take steps to make sure they are not violating the law. Employees in Texas who believe their rights have been violated and that they have been fired in retaliation should consult an experienced labor and employment law attorney to discuss their case.

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What are the rules for retaliatory discharge?

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