Pasadena, TX asked in Employment Law and Employment Discrimination for Texas

Q: Do I have a case on the grounds of retaliation by a manager?

In January of 2022, I filed a complaint against my manager to her manager. I also involved HR since a similar complaint that was filed two years prior was overlooked by her manager. Almost immediately after her manager spoke to her, she began retaliating against me. She began excluding me from emails that were important to perform my duties, she abruptly changed my schedule and then offered schedules that she knew would conflict with my kids schedule, and she met with me, by myself, and then immediately after the meeting sent me an email and told her boss I was yelling and being insubordinate threatening to write me up. What she did not know what I recorded the entire interaction and went to HR to prove none of what she said was true. Eventually, I wrote a report to the compliance department and then I quit in May 2022 due to the harassment. I am still waiting for the outcome of the compliance complaint but it has almost been a year. Do I have any legal options?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: It depends on the nature of your complaint against your manager.

Your retaliation discrimination complaint must show that you engaged in protected activity in the investigation of an employment discrimination complaint based on race, color, national origin, religion, sex, age, or disability.

So if your complaint was that your manager was discrimination against you or another employee because of race, you may have a retaliation claim.

But if your complaint was that your manager was constantly tardy, or stealing from your employer, or not doing her work, or just being mean to you, you do not have a retaliation claim.

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