Retaliation in the Workplace - Austin

Contact an Austin employment lawyer in our firm if you have suffered from unlawful retaliation in the workplace. Under the at-will employment doctrine, an employer is prohibited from retaliating against employees in certain situations. Thus, claims for retaliation vary greatly on the facts and requires a case-by-case analysis.

If you would like to learn more about unlawful retaliation, schedule a consultation with an Austin employment lawyer today.

Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Texas Labor Code, and other laws prohibit discrimination based on several protected characteristics. For example, it is against the law to discriminate against an employee because of age, race, religion, gender, national origin, color, pregnancy, disability, and other protected categories. It is also against the law for an employer to retaliate against an employee for complaining or opposing unlawful discrimination that is based on any protected characteristics. Contact an Austin employment lawyer in our firm if you want to discuss your claims and understand your rights.

The law does not prohibit all forms of retaliation. For example, the law may not protect an employee who complains about a manager violating company policy alone. Unless, the policy violation is related to discrimination race, religion, age, disability, national origin, pregnancy, or other forms of unlawful discrimination, the complaining employee is likely not protected.

The Supreme Court of the United States recently ruled on the standard of proof a plaintiff must meet in bringing a claim for retaliation in the workplace. In University of Texas Southwestern Medical Center v. Nassar, the Court held that a plaintiff must prove that retaliation was the but-for cause of negative employment action. However, an employee may still bring a claim against an employer for retaliation, even if the employee's discrimination claim lacks merit. Thus, there has been an increase in retaliation claims brought by employees.

Because standards of proof are often complicated in claims for discrimination and retaliation, you may wish to contact an Austin employment lawyer to better understand your rights. If you would like to schedule a consultation with an employment discrimination lawyer in our firm, contact our Austin office today.

The Fair Labor Standards Act sets forth certain guidelines that employers must follow when hiring and paying employees. Two well-known provisions of the FLSA are the requirements to pay minimum wage and overtime. An employee who complains about unlawful payment practices under the FLSA is often protected under from being retaliated against because of that complaint. For example, an employer is not allowed to terminate an employee because the employee complained about not being paid overtime wages required by the FLSA. Of course, employers may take steps to mask the true reason for termination. To understand your rights and schedule a consultation, contact an Austin employment lawyer with our firm.

Employment laws often have short limitations periods, in which an employee must bring a claim or risk losing their rights. For example, to bring a discrimination claim under Title VII of the Civil Rights Act of 1964, an employee must generally file a charge of discrimination with the EEOC within 300 days from the last date of discrimination or retaliation. An employee must generally file a charge of discrimination within 180 days to preserve a discrimination or retaliation claim under the Texas Labor Code. However, these laws can be complicated and may vary depending on the facts. Thus, it is important to discuss your claim with an attorney to avoid missing important deadlines. Contact an Austin employment lawyer in our law firm to schedule a consultation to discuss your claim and understand your options.