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Anti-Retaliation Laws/Whistleblower Protection Laws
There are many state and federal laws that protect employees in Texas from retaliation for certain types of speech or actions. Here are some of those laws. All retaliation law cannot be listed here, so contact the Dallas based Vaught Firm to learn more about your rights.
Overtime Wages. An employee cannot be fired or otherwise retaliated against if they complain about unpaid overtime wages. Even if the employee is wrong about overtime wages, they are still protected from retaliation as long as their complaint was made in good faith. Fair Labor Standards Act and Equal Pay Act, 29 U.S.C. §215(a)(3).
Refusing to Do Something that Is Illegal. In Texas, it is illegal for an employer to fire an employee because the employee refused to do something that is illegal. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985).
Reporting Child Abuse. In Texas, an employer cannot fire a "professional" employee for making a "report" regarding physical or mental abuse to a child. Texas Family Code § 261.110(b).
False Claims Act (federal whistleblower). Protects employees, contractors, or agents from being discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against for reporting a false or fraudulent claim for payment or approval to the U.S. government. 31 U.S.C. § 3730.
Texas Whistleblower Act. Prohibits state and local governmental entities from retaliating against a public employee who reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority. Texas Government Code § 554.002.
Nurse Whistleblower Law. A person (including an employer) may not suspend, terminate, or otherwise discipline, discriminate against, or retaliate against a nurse who, in good faith, makes an internal or licensing board complaint about a licensed healthcare practitioner, agency, or facility that exposes a patient to substantial risk of harm. Texas Occupations Code § 301.413.
Workers Compensation Retaliation. Prohibits retaliation against an employee because he or she filed a worker’s compensation claim in good faith, hired a lawyer for such a claim, initiated a worker’s compensation proceeding, or testified or is about to testify in a worker’s compensation proceeding. Texas Labor Code § 451.001.
Complaint about Illegal Discrimination. Title VII of the Civil Rights Act prohibits an employer from retaliating against an individual because they complained about discrimination on the basis of race, color, religion, sex, or national origin. 42 U.S.C. § 2000e–3(a).
Disability. It is illegal for an employer to discriminate against any individual because such individual has opposed any act or practice made unlawful by the Americans with Disabilities Act (ADA) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the ADA. 42 U.S.C.A. § 12203
Family Medical Leave Act. The FMLA prohibits employers from interfering with, restraining, or denying any right under the FMLA, as well as retaliating against any individual for opposing any unlawful practice under the FMLA. The FMLA also prohibits retaliation against any person because they filed a charge or instituted an FMLA proceeding, provided information in connection with any FMLA inquiry or proceeding, or testified in any FMLA proceeding. 29 U.S.C. § 261(a) & (b).
Bankruptcy. Employers cannot retaliate against a person because he or she has sought bankruptcy protection in the past or during employment. 11 U.S.C. § 525.
Blacklisting. An employee cannot prevent an employee from engaging in or securing employment of any kind with any other person. Texas Labor Code § 52.031.
Jury Duty. Federal law prohibits an employer from discharging, threatening to discharge,
intimidating, or coercing any employee because of jury service in U.S. courts. Texas law prohibits a private employer from terminating an employee because of jury service. 28 U.S.C. § 1875(a); Texas Civil Practice & Remedies Code§ 122.001.
Voter Retaliation. Prohibits retaliation against a voter who has voted for or against a candidate or measure or a voter who has refused to reveal how he or she voted. Texas Election Code § 276.001(a)(2) (“with respect to a voter over whom the person has authority in the scope of employment, subjects or threatens to subject the voter to a loss or reduction of wages or another benefit of employment.”).
Complying with a Subpoena. An employer may not discharge, penalize, or discipline an employee because of his or her compliance with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding. Texas Labor Code § 52.051.
National Labor Relations Act. Prohibits an employer from interfering with, restraining, or coercing employees in their rights under the NLRA, interfering with the formation of a labor organization, discriminating in employment to affect labor organization membership, or retaliating against an employee because he or she files a charge with the National Labor Relations Board. Prohibits labor organizations from retaliation and coercion as well. 29 U.S.C. § 158.
Contact the Vaught Firm for a no cost initial consultation to learn more about laws that protect employees from retaliation.