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Retaliation from Employer for Making a Formal Complaint

Retaliation

One of the exceptions to the employment at will doctrine is retaliation.  Retaliation means you as an employee, go ahead and make a complaint based on: race, religion, national origin, sex, or sexual harassment, and you reasonably believe that it occurred.  I want to be really careful with this, even if you reasonably believe that it occurred, it doesn’t necessary mean that under the law, they discriminated against you, it’s just that you reasonably believe that to be the case.  If that happens, and you make a good faith complaint and your employer turns around and terminates, demotes, or transfers you, that is retaliation under the law and you do have a potential claim under Texas law.

Retaliation When Opposing a Discriminatory Practice

Another exception to the employment at will doctrine in Texas, when talking about retaliation, is when you have opposed a discriminatory practice.  That means you have opposed: sexual discrimination, sexual harassment, religious discrimination, any one of the exceptions to the employment at will doctrine.  Opposing is when you are a witness to a discriminatory practice or you actually make a complaint regarding a discriminatory practice.  If your employer terminates you or takes any other employment action against you in retaliation for a complaint under any of those other doctrines, then you have a claim under Texas law.

If you reasonably believe your employer has retaliated against you because you have made a complaint or have filed a complaint due to something you witnessed, that is under the exceptions to the employment at will doctrine, then call us today and we will explain your rights.

Jim M. Zadeh
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Attorney at Law