Dallas Employment Lawyer Blog
Dallas Employment Trial Lawyer Ellie Johnston
For many Dallas employees, December feels like the worst time to deal with a work problem. Everyone is juggling holiday travel, office potlucks, and year-end deadlines, and it’s extremely tempting to tell yourself, “I’ll deal with that in January.” We hear this all the time. Employees want to rock around the Christmas tree, not rock the boat, and employers often count on that hesitation. Unfortunately, your workplace rights don’t take a holiday break, no matter how much we wish the law would let us hit “pause” until after New Year’s.
The truth is that waiting can have real consequences. Employment laws run on strict timelines, evidence can disappear quickly, and employers make major decisions in December that can shape your case long before the new year ever arrives. As cozy as it sounds to postpone everything until January, that delay can close doors you didn’t even know were closing.
One of the most important reasons not to put off seeking advice is the legal deadlines that apply to discrimination and retaliation claims. In Texas, employees generally have 300 days from the date of an adverse action to file with the Equal Employment Opportunity Commission. The EEOC explains these filing rules clearly on their website. Meanwhile, state-level claims filed through the Texas Workforce Commission often have even shorter timelines. Here’s the part many employees don’t realize: the clock keeps ticking regardless of holidays, holiday parties, or your supervisor being “OOO until January 3.” If your boss retaliated against you in March or April, December might be your last chance to preserve your rights.
Year-end is also a prime time for layoffs, and companies know it. Employees are distracted, less likely to push back, and often eager to take severance quickly just to get through the season. If you’re laid off, your employer may offer severance with a tight deadline and a friendly reminder to “enjoy the holidays.” But signing too quickly can mean giving up valuable legal claims. Talking to an employment attorney early can help you understand whether the deal you’re being offered is fair, or whether you’re being rushed for a reason. News outlets regularly report on the rise of late-year layoffs; for example, see this discussion of year-end workforce reductions here.
Another reason not to wait is evidence preservation. January is the season when companies love to “clean up” systems, transition HR platforms, or implement new email retention policies. That can mean the disappearance of documents you didn’t realize were essential, like performance reviews, Slack messages, meeting notes, or the suspiciously timed write-up that arrived right after you reported discrimination. Once those records are gone, they’re often difficult, or even impossible, to recover. Reaching out to an attorney early gives you the opportunity to know what to save, how to save it, and when to put the company on notice of its preservation obligations before anything vanishes into the corporate abyss.
Employees should also know that retaliation often spikes at the end of the year. December is when employers rush to finalize performance reviews, justify terminations, or reshuffle teams. If you recently complained about discrimination or requested a reasonable accommodation, a sudden pile-on of criticism or “performance concerns” may not be random. Employers may try to lay groundwork before January, so any eventual termination looks well-documented. Speaking with an attorney early helps you recognize the warning signs and protect yourself before decisions become final.
It’s also important to remember that meeting with an attorney does not commit you to a lawsuit or any particular level of representation. A consultation simply gives you clarity and information. Many employees feel enormous relief once they understand their rights, their deadlines, and their options. A good employment attorney works with you to decide whether internal reporting makes sense, when to document issues, and how to position yourself for the strongest possible outcome–whether that’s negotiation, filing a charge, or, sometimes, simply knowing what not to do next.
The bottom line: Don’t wait until January. While you’re trying to enjoy your holiday season, your employer may be making decisions that affect your pay, your job, or your future. Deadlines approach, documents disappear, and retaliation doesn’t wait for the ball to drop in Times Square. Make sure you know how to protect your rights heading into the new year.
If you believe your employer has violated your rights or if something at work just doesn’t feel right, reach out before the new year arrives.
For more information about your rights as a Texas employee, you can read additional resources on our blog. To schedule a consultation, please visit our website, or call our office at (214) 528-5585.
Understanding your options early is one of the most powerful steps you can take, and we’re here to help you start the new year empowered, informed, and protected.