Wrongful workplace retaliation occurs when an employer punishes an employee for engaging in protected activities. Even disciplinary action can sometimes be a thinly veiled attempt at retaliation.
Disciplinary action may appear to be a standard response to employee behavior, but it can be a tool for retaliation. Employees need to recognize when disciplinary action crosses the line into unlawful retaliation.
Defining disciplinary action as retaliation
Texas law protects employees who report illegal activities in the workplace. These protections extend to employees who assist in investigations or file workers’ compensation claims. When an employer disciplines an employee for these actions, it may constitute retaliation. This can include negative performance reviews, demotion, or even termination.
Challenging disciplinary action
Employees in Texas have the right to challenge disciplinary actions they believe are retaliatory. Documentation is an absolute necessity in these cases. Employees should keep records of their job performance, any complaints they filed and the timeline of relevant events. This evidence can help establish a connection to the disciplinary action. Documentation can swing a legal case in the employee’s favor.
Understanding employer obligations
Employers must ensure that disciplinary actions have a legitimate cause. There should be clear policies and consistent procedures in place to avoid any appearance of retaliation. If an employee engages in protected activities, employers should take extra care to document the situation. This benefits both the employer and employee in the long run.
The Texas Workforce Commission outlines specific employment discrimination guidelines that list prohibited actions for employers. These prohibited actions include retaliation for employee complaints or investigation assistance. When employers ignore these regulations, employees have the right to protect themselves through legal action.
