Houston employment lawyers Robert J. Wiley, Kalandra N. Wheeler and Tamecia Glover represent Houston employees who have experienced workplace retaliation. In fact, retaliation is one of the biggest violations of law that our Houston office sees. What makes retaliation particularly offensive is the fact that in essence it is trying prevent or punish workers for requesting or taking leave which has been expressly allowed under the law.
Regardless if you have requested leave under the Family Medical Leave Act (“FMLA”) or another statute there is a very good chance that that law has a retaliation portion which in essence outlaws retaliation for requesting leave under that particular law.
As mentioned earlier, retaliation is one of the most common forms of discrimination found in the workplace. Generally, a retaliation claim has three basic elements: (1) the employee engaged in a protected activity, (2) the employer took an adverse employment action against the employee, and (3) the adverse action was the result of the employee engaging in the protected activity.
Many activities can satisfy the requirement of engaging in protected activity. If you are an eligible employee that works for a covered employee common examples of what has been considered protected activity under the FMLA include:
- Requesting leave to care for an newborn child;
- Taking time off to recuperate after surgery; and
- Caring for a spouse while they recover from a serious illness.
- Failure to promote;
- Failure to hire;
- Suspension; and
- Being put on a performance improvement plan.
- Was your leave or request for leave shortly followed by the adverse employment action?
- Was the actual stated reason for the adverse employment action the fact you took leave?
- Were you verbally warned about possible repercussions before taking your FMLA approve leave?
For example, if you are only anticipating your employer to retaliate against it may be still a good idea to consult with one of our Houston attorneys. If possible we will make sure that your complaint is considered a protected activity. Additionally, the mere fact that an attorney represents you may make your employer less likely to retaliate against you. After communicating with your employer, and if they are not willing to resolve the underlying problem, we can then attempt to negotiate a severance package so that you are able to walk away from such a toxic environment.
If you feel you have been retaliated against, do not hesitate to contact our law firm. There may be deadlines that require a quick turnaround. If you choose to contact us, you will generally meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and enforce your rights.