Whistleblower Retaliation Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas
We fight on your behalf to receive just compensation for your damages.
What is a Whistleblower?
An employee who reports or makes complaints about an employer for violating laws or regulations or causing danger to public health and safety may be considered a whistleblower.
Many violations of the law, including dangers to public health and safety, go unreported each year because employees who know about them may fear retaliation by their employer. Most employees in fear of losing their job and benefits will not step forward to report unlawful or unsafe actions without protections under the law. Legal protections for whistleblowers are intended to encourage employees to come forward with evidence because it will make our world safer and healthier.
Whistleblower Retaliation Attorney
Most of the laws that protect workers in the workplace against discrimination, wage and hour protections, and health and safety laws, also make it illegal for an employer to retaliate against someone who reports this behavior to the proper authorities.
The lawyers at Hernandez Law Firm have successfully represented employees who were victims of whistleblower retaliation in the workplace. If you believe you are the victim of workplace retaliation, call our office today to discuss the details of your case and potential monetary recovery.
Texas Whistleblower Act
The Texas Whistleblower Act, found in Section 554.001 of the Texas Government Code, applies only to public employees. At this time, Texas does not have a similar general whistleblower statute applicable to the private sector and private company employers.
However, a number of other statutes do prohibit private employers from taking retaliatory action against employees who report misconduct and violations of the law. It is important to recognize that Texas does not protect all types of whistleblowing and because these laws have limitations and only apply to very specific circumstances, it is important to contact an experienced whistleblower retaliation lawyer to determine your rights.
Texas law does provide some limited protections for employees in various circumstances, including but not limited to:
- Certain nursing home employees who may be terminated for whistleblowing
- Certain hospital, mental health facility, or treatment facility employees who may be terminated for whistleblowing
- Certain registered nurses who may be terminated for reporting incidents of poor nursing to the Board of Nurse Examiners
- Certain physicians who may be terminated for reporting another physician to the State Board of Medical Examiners for specific acts
- Certain employees who may be terminated for reporting a violation of an occupational health or safety law
- Certain employees who may be terminated for reporting violations of the Hazard Communication Act
- Certain employees who may be terminated for reporting violations of employment discrimination laws, such as discrimination prohibited by the Texas Labor Code
The Texas Legislature has statutorily protected public or governmental employees from adverse personnel actions related to certain whistleblowing.
The Texas Whistleblower Act protects public employees from retaliatory personnel action taken because they reported illegal conduct by other public employees or officials. To be protected under the Texas Whistleblower Act, the public employee must have made the report of a legal violation in good faith.
TEX. GOV’T CODE §554.002(a) “A state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority."
TEX. GOV’T CODE §554.035 Waiver of Immunity “A public employee who alleges a violation of this chapter may sue the employing state or local governmental entity for the relief provided by this chapter. Sovereign immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of this chapter.”
Protection From Whistleblower Retaliation
Protection from workplace retaliation means that an employer cannot take an "adverse action" against workers, such as:
- Firing or laying off
- Denying overtime or promotion
- Denial of benefits
- Failure to hire or rehire
- Making threats
- Reassignment affecting prospects for promotion
- Reducing pay or hours
Why Hire an Attorney?
Whistleblower retaliation suits can be complex matters that require a great deal of investigation and understanding of legal concepts.
At Hernandez Law Firm, we protect the rights of employees that have experienced whistleblower retaliation in the workplace. Because the circumstances surrounding whistleblower retaliation vary so greatly, contact our office as soon as possible for a free case evaluation. We can help you determine if your whistleblower retaliation was wrongful and discuss the strength of your case.
How We Handle Your Case
Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, documents and all other available evidence. We also speak directly to any other potential victims and bring in experts if necessary, to understand the details of the termination.
We also gather evidence about your damages. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.
Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include lost pay, lost benefits, emotional distress, punitive damages and attorney fees.
We thoroughly review your case to determine the full extent of damages that may be available to you and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.
Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the employer that they need to take this matter seriously. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial.
Go To Trial. Most of the time, wrongful termination cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the employer and their counsel do not believe wrongful termination occurred, or that the case is as valuable as you do.
This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Employers are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start.
We Take Whistleblower Retaliation Seriously
If you believe you have been a victim of whistleblower retaliation in the workplace, it is recommended that you contact an experienced whistleblower retaliation attorney. It is important to be aware of the statute of limitations that may limit your ability to pursue a claim once the time limit for filing has passed. While the process of pursuing a whistleblower retaliation claim may be emotionally taxing, pursuing the claim against a perpetrator may not only prevent others from having to endure the same treatment, but may also bring personal closure for the victim. The most important goal for the lawyers at the Hernandez Law Firm is to help clients feel comfortable by understanding the process while making sure that we pursue the case efficiently and with all evidence considered.
Call Hernandez Law Firm to arrange a confidential consultation with a whistleblower retaliation attorney today.
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The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.