Misconceptions with Employment Retaliation

One of the exceptions to the employment at will doctrine under Texas law is retaliation.  If someone reasonably believes that they were retaliated against for filing a claim based on sex, race, national origin, religion, age, disability, or sexual harassment; and then they were terminated or demoted, there is a retaliation claim.  However, there are many misconceptions about retaliation claims.  For example, if you make a complaint against your manager because your manager is being mean, or if you make a complaint about a co-worker because the co-worker is doing something wrong, and those complaints do NOT relate in any way to religion, national origin, race, age, disability, sex, sexual discrimination, and then something bad happens to you, such as, you get fired or demoted, that is not retaliation.  Under Texas law retaliation means you must be retaliated against because you were making some action related to a protected action, that means related to an action based on religion, national origin, race, age, disability, sex, sexual discrimination, not just general everyday workplace stuff, such as a mean boss or a co-worker who is not working with you.  These are the misconceptions of retaliation under Texas law.  If you feel that you have been retaliated against regarding a claim you made under one of the protected actions, then give me a call today so that we may discuss your rights. 

Jim M. Zadeh
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Attorney at Law