— Workplace Retaliation Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Can My Employer Retaliate Against Me for Complaining About Discrimination?

October 19, 2026 | Robert J. Wiley

Courtney-1-1-e1791818760145-300x290 Many employees hesitate before reporting discrimination because they are worried about what will happen next. Will their supervisor start treating them differently? Will they suddenly receive negative performance reviews? Will their hours change? Could they lose their job?

Federal employment discrimination laws contain anti-retaliation protections designed to protect employees who assert certain workplace rights. But not every workplace complaint is legally protected, and not every unpleasant action that follows a complaint is unlawful retaliation. Understanding the distinction can be important for employees deciding how to address discrimination at work.

What Is Protected Activity?

More Than a Long Weekend: What Labor Day Actually Stands For

September 2, 2026 | Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

Labor Day means different things to different people. For some, it is the unofficial end of summer, a day for barbecues, back to school sales, and one last trip to the lake. But the holiday has a history worth remembering, especially if you are someone who clocks in, punches out, and wonders whether the system is actually looking out for you.

Where Labor Day Came From

Claim vs. Lawsuit: What You Actually Need to Know Before You Wait Too Long

August 19, 2026 | Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

Scroll through social media long enough and you will find someone telling a stranger to “sue” over almost anything. A canceled flight. A rude cashier. A manager who raised their voice. Everyone in the comment section is suddenly a lawyer.

Here is the problem with that: the “sue them” culture makes it harder to spot the situations that actually do matter. People who have been through real discrimination or retaliation start to wonder if their situation is “serious enough,” and they wait, and they lose time they cannot get back. Employment claims often move on short deadlines, so the cost of waiting can be the whole case.

Before You Ask for a Right to Sue: A Texas Employee’s Story

May 25, 2026 | Deontae Wherry

Dallas Senior Trial Attorney Deontae Wherry

When Jane walked out of her office in Plano for the last time, she felt both relieved and uneasy. For nearly a year, she had documented what she believed was discrimination at work. She filed a charge with the Equal Employment Opportunity Commission (EEOC), saved emails, kept notes, and waited.

Weeks passed. Then months.

Understanding USERRA: Employment Rights for Service Members and Veterans

May 18, 2026 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

Members of the military and uniformed services make extraordinary sacrifices in service to our country. Federal law recognizes that those sacrifices should not come at the cost of a civilian career. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is designed to protect service members and veterans from discrimination, retaliation, and unlawful job loss related to their military service.

At Rob Wiley, P.C., we regularly represent employees whose rights have been violated after they served—or continued to serve—in the military. Understanding the basics of USERRA is the first step in protecting those rights.

If HR Isn’t There to Help You, Who Is HR For?

February 9, 2026 | Robert J. Wiley

This blog explains the role Human Resources actually plays in the workplace, why HR is not an employee advocate, and why Texas employees should still report workplace issues while protecting themselves through documentation and realistic expectations.

Blog Text:

Many employees believe Human Resources exists to help them, which is a totally understandable assumption. HR is the go-to for employees with just about any workplace question and is often presented as a neutral resource. But when a serious workplace issue arises, such as discrimination, harassment, or retaliation, employees often discover that HR’s role is not what they expected.

Top 5 Forms of Workplace Retaliation — and How Texas Law Protects Employees

July 11, 2025 | Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

Retaliation is one of the most frequently alleged forms of workplace misconduct in Texas. Although the law protects employees who assert their rights, many still face adverse consequences after reporting discrimination, requesting accommodations, or participating in investigations. Unfortunately, retaliation can be subtle, delayed, or disguised as ordinary business decisions.

What Is Workplace Retaliation?

New Year, New Me: Not Tolerating Discrimination This Year

January 19, 2023 | Deontae Wherry

Happy New Year! During this time of the year, many people set new goals for themselves hoping to improve the status quo. I am a firm believer that your environment affects your goals. For instance, a toxic supervisor or a hostile work environment can affect your professional goals. If you find yourself in a hostile work environment, you do not have to suffer in silence. This year, make it your priority to speak up, if you feel you are being subjected to discrimination and/or retaliation.

What does discrimination look like?

Workplace discrimination can appear in many forms. Sometimes, it is open and obvious; other times, it is subtle. But not all discrimination is illegal. Discrimination is only illegal when your employer discriminates against you because of a protected characteristic such as you race, national origin, disability, age, religion, or sex. Discrimination also includes harassment because of a protected activity. If you believe your boss is discriminating against because you like red socks, then that is not unlawful discrimination.

State Employers Are Not Immune from USERRA Lawsuits

July 8, 2022 | Deontae Wherry

In 1994, Congress passed the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) which protects military service members and veterans from employment discrimination because of their military service. USERRA requires that employers allow service members to regain their civilian jobs following their military service. Many states like Texas have implemented state laws that also protect service members at the state level.

Although one would believe Texas understands the importance of protecting our military service members, since it has passed laws to protect them, Texas has been fighting to protect itself from liability under USERRA. Texas’ long battle has now come to an end, and now service members can sue state employers if they violate USERRA.

Le Roy Torres served our nation since 1989. In 2007, Mr. Torres was deployed to Iraq, and unfortunately, while on duty, Mr. Torres was severely burned and developed a respiratory condition that made it difficult to breathe. As a result of his respiratory condition, Mr. Torres was no longer able to continue his job as a state trooper. He then asked the Texas Department of Public Safety (“DPS”) to accommodate him by reemploying him in a different role. DPS refused, so Mr. Torres sued DPS in state court.

The Texas Whistleblower Act: To blow the whistle or not to blow the whistle? That is the question.

January 15, 2021 | Rob Wiley, P.C.

The Texas Whistleblower Act prohibits a state or local government entity from taking adverse personnel action against an 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.” The two most important considerations when determining whether a violation of the Texas Whistleblower Act occurred are: (1) whether you acted in “good faith” which means that you believed the conduct you reported was a violation of law and your belief was reasonable; and (2) whether you reported the violation to an appropriate law enforcement agency which is a government entity you believed is authorized to either enforce the laws or investigate or prosecute a violation of criminal law. For instance, an internal report of illegal activity to someone else within the public entity (supervisor/HR) is not typically a report made to an appropriate law enforcement authority.