Categories of Unlawful Retaliation
There are multiple categories where an employer cannot retaliate against an employee. It is important to be aware of all of these categories, because if any of these situations apply to you, it can become much easier for your case to be successful in court.
According to both federal and state laws in Texas, no employer is able to simply terminate, discharge, or retaliate in any other fashion if an employee has been:
- Complaining about or reporting policies or conditions around the workplace
- In the process of filing an EEOC charge of discrimination, or involved in a related investigation
- In participation of a Texas Workforce Commission charge of discrimination, or involved in a related investigation
- Seeking a reasonable and logical support of a type of accommodation on account of any mental or physical disability or illness
- Reporting evidence of wrongful discrimination or illegal harassment to a supervisor or employer
- Participating in an investigation regarding an employer or colleague’s behavior of discrimination or sexual harassment
- Giving information or testimony regarding illegal behavior witnessed at the workplace
- Making a complaint with the U.S. Department of Labor about not receiving overtime pay from your employer
- Complaining to your employer that you have not received your rightful amount of pay for overtime work
- Receiving an injury in the workplace that then is covered by benefits from Workers Compensation
- Either making a claim for or actually receiving benefits which have been covered from Workers Compensation
- Filing a claim for individual bankruptcy
- Going on or even simply contemplating a period of maternity leave
- Going on or even simply contemplating a leave for the sake of FMLA
- Rejecting an opportunity to participate in illegal activities at the workplace
Methods of Retaliation
It is important to remember that not all employers respond with the same type of retaliation. Retaliation does not have to come in the form of termination, though this is certainly a primary way. It can also come in the form of a demotion at work or an undesired position or task. Changes in pay or of one’s work schedule that were not desired or expected could be a form of retaliation, along with anything else which pushes the original boundaries of the employment terms and conditions.
When you have been unjustly punished for doing the right thing, you need to make a stand. Here at the Hommel Law Firm, I want you to know that you do not need to make this stand alone, since I can be by your side the entire time with powerful, determined defense.
Federal court delivered a verdict for violations of the Americans with Disabilities Act. Federal court delivered a verdict for violations
We are pleased to announce that last Friday, on behalf of our great client, Randy Oden a Federal court jury in Corpus Christi delivered a verdict in the amount of $750,000 for violations of the Americans with Disabilities Act. The verdict included a $450,000 punitive damage award. The company made no offer to settle before the trial.
The case later settled for a confidential amount.
Workplace Injury & Wrongful Termination $175K Gross, $102K Net Recovery$175,000 Gross, $102,000 Net Recovery for Client
Oilfield Services Overtime - 2 employees Settlement
Recovery of $95,000 in unpaid overtime for two oilfield service workers
Wage & Hour Collective Action $1.375M Gross, $800K Net Recovery$1.375 Million Gross, $800,000 Net Recovery to Clients
Poultry Plant Workers Wage & Hour Collective Action $3.12M gross, $2.24M Net Recovery$3.12 Million gross, $20,000 Expenses, $750,000 Attorney's Fees
Police Shooting Death $325K Gross, $189K Net Recovery$325,000, $24,692 Expenses, $120,123 Attorney's Fees
Motor Vehicle Accident with 18 Wheeler $175K Gross, $114K Net Recovery$175,000, $2,142 Expenses, $60,500 Attorney's Fees
Oil Field Workers Wage & Hour Collective Action $780K Gross, $115K Net Recovery$780,000 Gross, $10,500 Expenses, $253,833 Attorney's Fees
Police Shooting Death $140K Gross, $90K Net Recovery$140,000 Gross, $14,892 Expenses, $50,043 Attorney's Fees
Sexual Harassment By Supervisor $95K Gross, $66.5K Net Recovery$95,000 Gross, $1,830 Expenses, $37,268 Attorney's Fees