What to Do if You're Facing Retaliation at Work
Workplace conflicts are stressful. However, if you have spoken up about a problem and then find yourself being punished for it, the situation can often feel impossible. This is called workplace retaliation, and it happens more often than you may realize. If you believe your employer is punishing you for asserting your rights, it's essential to contact an experienced attorney for guidance as soon as possible.
Attempting to handle a retaliation claim alone is risky. Employers often have teams of lawyers and HR professionals working to justify their actions. You need someone in your corner who can distinguish between a legal management decision and an illegal act of punishment. An experienced attorney can help you gather the right evidence, file claims within strict deadlines, and fight for the compensation you deserve.
The Parzivand Law Firm, PLLC, located in Stafford, Texas, is dedicated to supporting employees in these difficult situations. With a dual background in human resources and the law, Attorney Parzivand brings a unique perspective to every case, allowing him to understand how companies operate and where they often make mistakes when handling employee complaints.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer takes an "adverse action" against an employee for engaging in a "protected activity." A protected activity is defined as any action you take to assert your rights. This could include:
Filing a complaint about discrimination or harassment
Reporting unsafe working conditions to OSHA
Requesting unpaid wages or overtime
Participating in an investigation into the company’s practices
Taking leave under the Family and Medical Leave Act (FMLA)
Refusing to commit an illegal act ordered by a supervisor
An adverse action is the punishment the employer dishes out in response to your engaging in a protected activity. While firing is the most obvious form of retaliation, it can often be more subtle, such as demotions, salary cuts, shift changes that conflict with your known schedule, exclusion from essential meetings, or sudden, unjustified negative performance reviews.
Texas law aims to make sure employees feel safe reporting illegal behavior or safety hazards without fear of reprisal. If your job suddenly becomes harder or less beneficial shortly after you complained about something, you might be looking at retaliation.
How to Recognize the Signs of Retaliation
Retaliation does not always happen overnight. Sometimes it is a slow freeze-out designed to make you quit. You might notice that your supervisor stops talking to you or leaves you off email chains relevant to your projects. Some of the most common red flags you should watch out for include the following:
A "paper trail" begins: Suddenly, every minor mistake you make is documented in writing, whereas before, verbal corrections were the norm.
Shift in duties: You are stripped of your main responsibilities and given menial tasks, or conversely, you are overloaded with an impossible amount of work that appears designed to make you fail.
The cold shoulder: Management or peers start isolating you socially or professionally.
Denied opportunities: You are passed over for a promotion or training opportunity you were previously promised or qualified for.
If these changes happen shortly after you engaged in a protected activity—known as "temporal proximity"—it serves as strong evidence of retaliatory intent.
Texas Laws Governing Workplace Retaliation
Texas functions as an "at-will" employment state, meaning employers can generally fire employees for any reason or no reason at all. However, there are significant exceptions when it comes to retaliation. State laws work alongside federal laws to provide a safety net for workers.
The Texas Commission on Human Rights Act (TCHRA) mirrors many federal protections found in Title VII of the Civil Rights Act. Under the TCHRA, it is illegal for an employer to retaliate against a person who opposes a discriminatory practice, makes a charge, files a complaint, or testifies in an investigation. This covers discrimination based on race, color, disability, religion, sex, national origin, or age.
One specific area where Texas law is strict is the Sabine Pilot doctrine. This rule comes from a Texas Supreme Court case and prohibits employers from firing a worker solely because that worker refused to perform an illegal act. If your boss orders you to break the law and fires you for saying no, you have a cause of action under this doctrine.
Additionally, the Texas Labor Code protects employees who file for workers' compensation. It is illegal to discharge or discriminate against an employee because they filed a workers' comp claim in good faith or hired a lawyer to represent them in such a claim.
However, be aware that timelines in Texas are strict. Typically, you have 180 days from the date of the retaliatory action to file a charge with the Texas Workforce Commission (TWC). Missing this window can bar you from pursuing your claim.
Steps to Take if You Suspect Retaliation
If you suspect you are the target of retaliation, your actions in the days following the incident matter. You need to build a foundation for your case while protecting your current employment status as much as possible.
1. Document Everything
You cannot rely on memory alone. Start a journal or a log detailing every incident. Include the dates, times, names of people involved, and exactly what was said or done. If you receive emails suggesting retaliation, print them or save them to a personal device (if company policy allows). Keep copies of your past performance reviews to show that your work was satisfactory before the dispute arose.
2. Follow Internal Procedures
Check your employee handbook. Most companies have a policy for reporting grievances. If you feel you are being retaliated against, report it in writing to HR or a designated officer. This creates an official record that the company was aware of the behavior. If the company fails to investigate or stop the behavior after you report it, your legal claim becomes stronger.
3. Maintain Your Performance
Do not give your employer a legitimate reason to fire you. Even in a hostile environment, continue to show up on time and perform your duties to the best of your ability. If you start slacking off or breaking rules out of frustration, the employer can use that misconduct as a defense, claiming they fired you for poor performance rather than retaliation.
How an Attorney Can Help
Proving retaliation is not always straightforward. Employers rarely admit, "We fired him because he reported safety violations." Instead, they will say it was due to "restructuring" or "poor attitude." Breaking through these excuses requires a strategic approach.
A skilled employment law attorney knows how to request the right documents during the discovery process. They can find emails or internal memos that contradict the employer's official story. They can also look at how other employees were treated in similar situations to establish a pattern of behavior.
Additionally, filing a claim involves dealing with government agencies like the EEOC or the TWC. The paperwork is extensive, and the legal standards are high. An attorney acts as your buffer, handling the filings and communications so you can focus on your life and your next career move. They can also help you determine what your case is worth, including lost wages, emotional distress, and potential punitive damages.
Contact an Experienced Business Dispute Attorney in Stafford, Texas, Today
The Parzivand Law Firm, PLLC, provides more than just standard legal counsel to Texas clients; it focuses on building a genuine connection with every client. With a solid foundation in human resources, Attorney Parzivand strives to make it comfortable for you to discuss sensitive workplace issues in person, over the phone, or by email.
The firm focuses on delivering tailored, cost-effective strategies to guide you through every phase of your legal matter. For assistance with breach of contract or employment disputes in Stafford, Sugar Land, and Fort Bend County, Texas, contact The Parzivand Law Firm today.