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What Makes a Strong Retaliation Case in Texas? (2025)

If you stood up for your rights at work—reported discrimination, took protected leave, or filed a complaint—and then suddenly found yourself demoted, fired, or frozen out, you’re not imagining things. You might be facing retaliation, and under Texas and federal law, that’s illegal.

But not every unfair action counts as retaliation in court. So, what makes a retaliation case strong? Let’s break it down step by step.

What Is Workplace Retaliation?

Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. That can include:

• Reporting harassment or discrimination

• Filing a complaint with HR or the EEOC

• Participating in an investigation or lawsuit

• Requesting accommodations for disability or religion

• Taking protected leave (like under FMLA)

The punishment might come in the form of:

• Termination

• Demotion

• Pay cuts

• Denial of promotions or training

• Negative performance reviews

• Isolation or increased scrutiny

The Three Elements of a Strong Retaliation Case

To win a retaliation case, you (and your lawyer) need to prove three basic elements:

1. You Engaged in a Protected Activity

You must have done something the law specifically protects. Just “being difficult” isn’t enough. Examples:

• Complaining about racial discrimination

• Asking for disability accommodations

• Reporting sexual harassment

• Taking FMLA leave to care for a sick parent

2. Your Employer Took Adverse Action

This means something negative happened at work because of your protected activity. Not just a bad day—but a significant change in status, pay, or work environment.

3. A Causal Connection Exists

This is the tricky part. You have to show that your protected activity caused the retaliation. Timing, emails, witnesses, or patterns can help establish this connection.

What Strengthens a Retaliation Claim?

✅ Documentation

Keep records: Emails, performance reviews, HR complaints, texts—anything that shows what happened and when.

✅ Timing

If the retaliation happens shortly after the protected activity, that strengthens your claim. Courts take note of suspicious timing.

✅ Positive Work History

If you’ve had good performance reviews and no prior issues, then suddenly face discipline after a complaint—it’s a red flag for retaliation.

✅ Comparators

If others who didn’t complain were treated better than you in similar situations, it supports a claim of unfair treatment.

✅ Witnesses

Coworkers or managers who saw what happened or experienced similar treatment can bolster your case.

What Weakens a Retaliation Claim?

❌ Lack of Evidence

If it’s just your word against the company’s—with no documentation—it’s much harder to win.

❌ Poor Performance Records

If your work history includes consistent issues, the employer may argue that any discipline was justified.

❌ Long Time Gaps

If months pass between your complaint and the employer’s actions, it’s harder to prove retaliation was the motive.

Real-Life Example: A Strong Retaliation Case

Let’s say Sarah reports sexual harassment by a manager to HR. Two weeks later, she’s demoted without explanation. Before the complaint, she had glowing reviews.

She saves:

• Copies of her performance reviews

• Her harassment report to HR

• A demotion notice

• Texts from coworkers confirming she’s being treated differently

This is a textbook strong case: Protected activity, quick adverse action, and solid documentation.

How The Lange Firm Helps Build Retaliation Cases

At The Lange Firm, we help employees in Texas:

• Determine if their situation qualifies as retaliation

• Gather the right evidence

• Navigate EEOC filings and deadlines

• Negotiate settlements or prepare for litigation

• Avoid mistakes that could hurt their claims

We know how employers defend these cases—and how to counter them.

Final Takeaway

If your employer turned on you after you spoke up or stood your ground, don’t stay silent. Retaliation is illegal, but proving it takes more than a gut feeling. It takes strategy, timing, and the right legal support.

Contact The Lange Firm today for a consultation. We’ll help you understand your options and fight for the fair treatment you deserve.

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