When is retaliation against an employee is unlawful?

Discrimination, Harassment and Retaliation are Unlawful. Protection against retaliation is triggered after an employee makes a claim or participates in an investigation for harassment or discrimination in the workplace.

When to file a wrongful termination claim against an employer?

Such claims result from an alleged violation of federal or state anti-discrimination laws, employment contracts or labor laws, including whistle-blower laws. A wrongful termination claim can also be filed when an employee believes the termination was due to sexual harassment or in retaliation to a complaint or workers’ compensation claim.

Can you prove wrongful termination for sexual orientation?

At-will employees can be fired for any reason, but if retaliation happens for an unlawful reason (for example opposing discrimination or reporting a wrongdoing), it might prove your wrongful discharge. Sexual orientation: The rights of all employees have to be respected, regardless of their sexual orientation.

Is it true that retaliation is on the rise?

In fact, retaliation claims are on the rise: 57 percent of charges received by the Equal Employment Opportunity Commission (EEOC) in Texas were for retaliation. If have been experiencing issues at work, such as discrimination, wrongful suspension, or wrongful termination, contact us for a free consultation with our legal team.

How to win discrimination, retaliation and wrongful termination?

No matter what kind of case, motive is difficult to prove in law. Employment discrimination and wrongful termination cases are difficult to win because the employee must prove that the employer acted with a specific illegal motivation (i.e. the employee was fired because of his race, sex, national origin, etc.)