Law Office of Gay E. Gilson

The following are summaries of laws which are provided for educational and informational purposes and it is not intended to be legal advice. The communication of information found on this website does not result in the formation of a lawyer-client relationship. Legal claims have deadlines and statute of limitations in which a timely claim must be made or your legal rights will be lost.  You should seek the opinion of an attorney regarding the merits of your potential legal claim and the applicable deadlines and/or statute of limitations. 

Texas Whistleblower Act - State and Local Employees

Chapter 554 of the Texas Government Code forbids retaliation against a public employee who, in good faith, reports a violation of law by his employer or another public employee to an appropriate law enforcement authority. There are requirements for an employee to use a grievance or appeal process.  Also, there are very short time requirements to protect your rights.

Texas "Sabine Pilot" Cause of Action - Retaliation for Refusing to Perform an Illegal Act

Texas recognizes a narrow exception to the employment-at-will doctrine.  An at-will employee may sue his employer if he is fired solely because he refused to perform an illegal act that carries with it criminal penalties.  Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex.1985).

Texas Health & Safety Code Section Section 142.0093 - Home Health, Hospice, Personal Assistance Services Employees

A person licensed under this chapter may not retaliate against another person for filing a complaint, presenting a grievance, or providing in good faith information relating to home health, hospice, or personal assistance services provided by the license holder

Texas Health & Safety Code Section 161.134 - Hospital, Mental Health and Treatment Facility Employees

Texas Health & Safety Code Section 161. 134 provides that a hospital, mental health facility, or treatment facility may not suspend or terminate the employment of or discipline or otherwise discriminate against an employee for reporting to the employee's supervisor, an administrator of the facility, a state regulatory agency, or a law enforcement agency a violation of law, including a violation of this chapter, a rule adopted under this chapter, or a rule adopted by the Texas Board of Mental Health and Mental Retardation, the Texas Board of Health, or the Texas Commission on Alcohol and Drug Abuse.

Texas Health & Safety Code Section 258.005 - Hospital Cannot Require Mandatory Overtime for Nurses

A hospital may not suspend, terminate, or otherwise discipline or discriminate against a nurse who refuses to work mandatory overtime.

Texas Health & Safety Code Section 322.054 - Employees Protected in Reporting Misuse of Restraints/Seclusion

A facility may not discharge or otherwise retaliate against an employee because the employee files a complaint, presents a grievance or otherwise provides in good faith information relating to the misuse of restraint or seclusion at the facility.

Texas Health & Safety Code Section 555.060 - Protection for Employees of State Supported Living Centers

The department or a center may not retaliate against a department employee, center employee, or any other person who in good faith makes a complaint to the office of independent ombudsman or cooperates with the office in an investigation.

Texas Agriculture Communication Act Section 125.013 - Protection for Agricultural Employees

An employer covered by this chapter may not discharge, cause to be discharged, otherwise discipline, or in any manner discriminate against an agricultural laborer because the laborer has made an inquiry, filed a complaint, assisted an inspector of the department who may make or is making an inspection under Section 125.016 of this code, instituted or caused to be instituted any proceeding under or related to this chapter, testified or is about to testify in such a proceeding, or exercised any rights afforded under this chapter on behalf of the laborer or on behalf of others. Pay, position, seniority, or other benefits may not be lost as the result of the exercise of any right provided by this chapter.

Texas Election Code Section 276.001 - Protection of Voters

A person commits an offense if, in retaliation against a voter who has voted for or against a candidate or measure or a voter who has refused to reveal how the voter voted, the person knowingly, with respect to a voter over whom the person has authority in the scope of employment, subject or threatens to subject the voter to a loss of reduction of wages for another benefit of employment.  An offense is a felony of the third degree.

Texas Family Code Section Sec. 261.110 - Protection of Employees Who Report Child Abuse/Neglect

An employer may not suspend or terminate the employment of, or otherwise discriminate against, a person who is a professional and who in good faith: 

(1) reports child abuse or neglect to:

(A) the person's supervisor;

(B) an administrator of the facility where the person is employed;

(C) a state regulatory agency; or

(D) a law enforcement agency; or

(2) initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect.

Texas Human Resources Code Section 36.115 - Medicaid Fraud Prevention Protection for Reports

A person who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms of employment by the person's employer because of a lawful act taken by the person in furtherance of an action under this subchapter, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this subchapter may bring a claim for relief.

Texas Human Resources Code Section 48.358 - Protection for Reports of Abuse/Neglect/Exploitation of Individuals Receiving Services of Providers

A provider may not retaliate against a person for filing a report or providing information in good faith relating to the possible abuse, neglect, or exploitation of an individual receiving services from the provider or residing in a residence owned, operated, or controlled by the provider in which services are provided.

Texas Occupations Code Section 301.413 - Nurse Protection

A person may not suspend, terminate, or otherwise discipline, discriminate against, or retaliate against a person who reports in good faith under the Nursing Practice Act or takes other protected action under the Act

Dodd-Frank Wall Street Reform & Consumer Protection Act

Contains a whistleblower provision to protect employees from retaliation for reporting employer violations, such as fraudulent consumer or securities activities, to the proper authorities. It also has provisions for rewarding whistleblowers by paying out 10-30 percent in claims that lead to successful civil or criminal penalties exceeding $1 million. Whistleblower must come forward with  "original information" derived from the whistleblower's independent knowledge.

Protection from Retaliation for Filing OSHA Complaint and other Federal Complaints

The Occupational Safety and Health Act of 1970 gives employees and their representatives the right to file a complaint and request an OSHA inspection of their workplace if they believe there is a serious hazard or their employer is not following OSHA standards. The Act gives complainants the right to request that their names not be revealed to their employers.  It is against the law for an employer to fire, demote, transfer, or discriminate in any way against a worker for filing a complaint or using other OSHA rights. If you have been fired, demoted, transferred or discriminated against in any way for using your rights under the law, you must file a complaint with OSHA within 30 days of the alleged discrimination. List of other federal anti-retaliation statutes in the workplace:

29 U.S.C. § 218C Affordable Care Act (ACA)

15 U.S.C. § 2651 Asbestos Hazard Emergency Response Act (AHERA)

42 U.S.C. § 7622 Clean Air Act (CAA)

42 U.S.C. § 9610 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

12 U.S.C. § 5567 Consumer Financial Protection Act of 2010 (CFPA)

15 U.S.C. § 2087 Consumer Product Safety Improvement Act (CPSIA)

42 U.S.C. § 5851 Energy Reorganization Act (ERA)

21 U.S.C. § 399d FDA Food Safety Modernization Act (FSMA)

49 U.S.C. § 20109 Federal Railroad Safety Act (FRSA)

33 U.S.C. § 1367 Federal Water Pollution Control Act (FWPCA)

46 U.S.C. § 80507 International Safe Container Act (ISCA)

49 U.S.C. § 30171 Moving Ahead for Progress in the 21st Century Act (MAP-21)

6 U.S.C. § 1142 National Transit Systems Security Act (NTSSA)

49 U.S.C. § 60129 Pipeline Safety Improvement Act (PSIA)

42 U.S.C. § 300j-9(i) Safe Drinking Water Act (SDWA)

18 U.S.C. § 1514A Sarbanes-Oxley Act (SOX)

46 U.S.C. § 2114 Seaman's Protection Act (SPA)

42 U.S.C. § 6971 Solid Waste Disposal Act (SWDA)

49 U.S.C. § 31105 Surface Transportation Assistance Act (STAA)

26 U.S.C. § 7623(d) Taxpayer First Act (TFA)

15 U.S.C. § 2622 Toxic Substances Control Act (TSCA)

49 U.S.C. § 42121 Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)

Protection from Retaliation for Calling Texas Department of Insurance - Safety Hotline

The Texas Department of Insurance also has a Safety Hotline. The objective of the Safety Violations Hotline is to identify and eliminate workplace hazards to the safety and/or health of the employees of Texas. It provides a means for employees to take a proactive role in addressing workplace safety and health issues. The Texas Labor Code, Sec. 411.082, protects employees from retaliation for using the telephone hotline to report in good faith an alleged violation of an occupational health or safety law. An employee whose employment is terminated or suspended in violation of Section 411.082 is entitled to: (1) reinstatement to the employee's former position; (2) compensation for wages lost during the period of suspension or termination; and (3) reinstatement of any fringe benefits or seniority rights lost because of the suspension or termination. (b) An employee seeking relief under this section must file suit not later than the 90th day after the alleged conduct of the employer occurred or was discovered or discoverable by the employee through reasonable diligence. (c) An employee who prevails in a suit under this section is entitled to recover court costs and reasonable attorney's fees.

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