Types of Retaliatory Actions

When an employee files an action under an employment related cause of action, the employer is generally barred from retaliating against the employee that filed the claim or against anyone who testified in the employee's support. Retaliation can take many forms.

Essentially, following an employment lawsuit, an employer is not allowed to fire, demote, harass, or “retaliate” against the individual who filed a charge of discrimination, participated in a discrimination proceeding, or somehow opposed discrimination of some sort in the company.

Adverse actions are those actions that a company or employer takes to keep someone from opposing discriminatory practices or actions. They are also taken when an employee other than the individual who originally complained takes part in a part of the employment discrimination proceeding.

There are many types of adverse actions that can be taken. Some basic forms include termination, refusing to hire a person, and denial of a promotion. Other employment actions like threats, unreasonable and unjustified negative references, unjustified negative evaluations, and increased surveillance are also not permitted. Finally, filing actions in civil or criminal court as well as assault are not acceptable.

Petty slights and annoyances do not count as adverse actions. “Snubbing” a colleague, negative comments that are justified by poor performance, or stray negative comments in an overall positive or neutral evaluation do not generally count as adverse actions.

Contact a Houston Employment Lawyer

If you have been the victim of a retaliatory action following an employment complaint, contact the Houston employment lawyers of the Ross Law Group at 713-482-6910.