Before proceeding, please review the  legal disclaimer.

What Makes a Strong Retaliation Case? A Guide for Texas Employees

If you stood up for your rights at work—by reporting discrimination, harassment, illegal activity, or unsafe conditions—and your employer punished you for it, you might have a retaliation case. But not every bad experience at work qualifies for legal action.
So, what makes a strong retaliation case?

At The Lange Firm, we help Texas employees understand whether they have a valid retaliation claim—and we aggressively fight to hold employers accountable. Here’s what you need to know about proving retaliation and building a strong case.

What Is Workplace Retaliation?

Retaliation occurs when an employer takes negative action against an employee because the employee engaged in protected activity.

Protected activities include:

• Reporting discrimination or harassment (based on race, gender, religion, disability, age, etc.)
  
  
• Filing a complaint with HR, the EEOC, OSHA, or another agency
  
  
• Participating in an internal or government investigation
  
  
• Requesting a reasonable accommodation for a disability or religion
  
  
• Reporting wage violations (like unpaid overtime)
  
  
• Blowing the whistle on fraud or illegal activity
  
  

Retaliation can involve:

• Termination or layoff
  
  
• Demotion or reduction in pay
  
  
• Disciplinary actions or bad performance reviews
  
  
• Isolation, bullying, or reassignment to undesirable tasks
  
  
• Denial of promotion or training opportunities
  
  

📌 Simply being treated badly at work is not retaliation unless it’s tied to a protected activity.

What Makes a Strong Retaliation Case? 5 Essential Elements

✅ 1. Clear Evidence of Protected Activity

To have a strong retaliation case, you must show that you engaged in an activity protected by law.

Examples:

• You filed a discrimination complaint with HR.
  
  
• You requested FMLA leave for a serious health condition.
  
  
• You reported workplace safety violations to OSHA.
  
  

Tip: Save copies of complaints, emails, or reports that show you engaged in protected activity.

✅ 2. Negative Employment Action Occurred

You must show that your employer took adverse action against you after you engaged in the protected activity.

Adverse actions include:

• Getting fired
  
  
• Being demoted
  
  
• Receiving sudden poor performance evaluations
  
  
• Losing pay, benefits, or responsibilities
  
  
• Being denied promotions you were otherwise qualified for
  
  

The more severe and tangible the action, the stronger your case.

✅ 3. Close Timing Between Activity and Retaliation

Timing matters.

If the retaliation happens soon after your protected activity—often within days, weeks, or a few months—it strengthens your argument that the two events are connected.

If you report harassment and are fired a week later, the timing alone suggests retaliation.

💡 The Lange Firm often uses the “temporal proximity” of events as powerful evidence in retaliation cases.

✅ 4. Lack of Legitimate, Non-Retaliatory Reason

Your employer will likely argue that the adverse action was based on legitimate reasons—like poor performance, restructuring, or misconduct.

To have a strong case, you must show that:

• Their stated reason is false or pretextual (a cover-up)
  
  
• The timing and circumstances suggest retaliation was the real motive
  
  
• You were treated differently than others who didn’t engage in protected activity
  
  

Evidence that performance issues were fabricated, exaggerated, or surfaced only after your complaint can strengthen your claim.

✅ 5. Solid Documentation and Witnesses

Strong retaliation cases are built on solid proof, such as:

• Emails, texts, or memos that show the protected activity
  
  
• Documentation of performance reviews before and after the complaint
  
  
• Testimony from coworkers who witnessed retaliation
  
  
• Notes about conversations, meetings, and disciplinary actions
  
  

At The Lange Firm, we help clients gather and organize evidence to maximize the strength of their case.

What Weakens a Retaliation Case?

• Lack of documentation about the protected activity
  
  
• Long time gap between the protected activity and retaliation
  
  
• Legitimate performance issues or misconduct that existed before the complaint
  
  
• Voluntary resignation without compelling reasons (unless it’s constructive discharge)
  
  

Even if your case isn’t perfect, don’t assume you have no options. An experienced retaliation lawyer can often find leverage points you may not see.

How The Lange Firm Helps Texas Workers in Retaliation Cases

At The Lange Firm, we fight to protect whistleblowers, harassment survivors, and employees who stood up for their rights. We offer:

• Confidential case evaluations to determine if you have a strong retaliation claim
  
  
• Aggressive negotiation to seek compensation and justice without unnecessary delays
  
  
• Litigation services if employers refuse to settle or correct the wrongdoing
  
  
• Support and protection if you’re still employed and facing ongoing retaliation
  
  

We help clients recover:

• Back pay and benefits
  
  
• Front pay if reinstatement isn’t possible
  
  
• Emotional distress damages
  
  
• Punitive damages (in severe cases)
  
  
• Attorney’s fees and court costs
  
  

📞 Contact us today if you suspect you’re being punished for speaking up.

Final Thoughts

So, what makes a strong retaliation case? You need clear proof that you engaged in protected activity, that your employer took negative action against you, and that there’s a clear link between the two.

✅ If you believe you’ve been retaliated against, don’t suffer in silence. Let The Lange Firm help you protect your rights, rebuild your career, and fight for the justice you deserve.