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Retaliation And Whistleblower Protection

Last updated on March 14, 2025

Your employer cannot retaliate against you by firing or mistreating you simply for asserting your rights. If you have complained about or reported discrimination, harassment or criminal activity at work, it is generally illegal for an employer to hold that complaint against you in employment decisions. It is also illegal for employers to retaliate against you for organizing a union or engaging in other activities protected by federal law.

If your employer has terminated you in retaliation for standing up for your rights in Austin or surrounding areas of Texas, contact our firm, Holt Major Lackey, PLLC. We are here to fight for you.

Understanding Retaliation And Whistleblower Protection

Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as reporting misconduct or participating in an investigation.

On the other hand, whistleblower protection laws shield employees from such acts of retaliation so that they can report unlawful activities without fear of negative consequences. Employers may retaliate against employees in various ways, including:

  • Termination (Discharge): Firing an employee for reporting illegal activities or unethical behavior
  • Demotion: Reducing an employee’s rank, responsibilities or salary due to their complaint or report
  • Intimidation and harassment: Creating a hostile work environment through threats, harassment or other forms of pressure
  • Reduction in hours or pay: Cutting back hours or pay as punishment
  • Unfavorable job assignments: Assigning undesirable tasks or isolating the employee from key projects

Texas employees are protected under various state and federal laws, including the Texas Whistleblower Act, which protects government employees who report legal violations.

Private-sector employees may be protected under federal laws such as the Sarbanes-Oxley Act, the Dodd-Frank Act and Title VII of the Civil Rights Act.

Retaliation And Whistleblower Claims FAQs

Here are some common questions and answers to help you.

What should I do if I believe my employer is retaliating against me?

If you suspect retaliation, document every relevant incident, including emails, performance reviews and witness statements. It is essential to report the issue internally (if applicable) and seek legal guidance immediately.

Can I still file a retaliation claim if I signed a nondisclosure agreement (NDA) or confidentiality agreement?

Yes. Signing an NDA or confidentiality agreement does not eliminate your right to report illegal activities or file a retaliation claim.

These agreements cannot lawfully prevent employees from reporting discrimination, harassment or other workplace violations.

Can I file a retaliation claim if I have already been terminated from my job?

Yes, employees who have been wrongfully terminated due to retaliation can still file a claim.

In fact, termination is one of the most common forms of retaliation. Seeking legal feedback promptly can help you pursue reinstatement, back pay or other remedies.

Let Us Help

If you believe you have been retaliated against in Austin, Texas, we urge you to take action. Holt Major Lackey, PLLC, is committed to protecting your rights and helping ensure you receive the justice you deserve.

Call 512-982-1006 or reach out online today to discuss your case.

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