Texas Employee Safety Violation Report Lawsuit

According to Texas Labor Code, Chapter 411, Workers’ Health & Safety, the Texas Workforce Commission maintains a Safety Violations Hotline.  See, www.twcc.state.tx.us/services/hotline.html .  As described in Texas Labor Code Section 411.082, an employer may not suspend or terminate the employment of or otherwise discriminate against an employee for using the telephone service to report in good faith an alleged violation of an occupational health or safety law.  Texas Labor Code Section 411.083 provides a description of judicial relief for employer retaliation in this regard, saying, in part, that an employee whose employment is terminated or suspended in violation of Section 411.082 may be entitled to, for example, reinstatement, lost wages, court costs and reasonable attorney fees.  According to Texas Labor Code Section 411.083(b), an employee seeking relief under this section must file suit not later than the 90th day after the alleged conduct of the employer occurred or was discovered or discoverable by the employee through reasonable diligence.

Whether discrimination against an employee for reporting a safety violation occurs in Beaumont, Houston or elsewhere in Texas, victims of safety report retaliation may consult an attorney to determine if a retaliation lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential employment discrimination claim.