Texas Whistleblower Act: Protect Your Rights!

The Texas Whistleblower Act provides crucial protections for public employees who report wrongdoing. This legislation helps ensure governmental transparency, requiring state agencies to address reported violations. Retaliation against whistleblowers is strictly prohibited under the Texas Whistleblower Act, empowering individuals to speak up against misconduct without fear of reprisal.

Image taken from the YouTube channel Tully Rinckey , from the video titled Texas Whistleblower Laws | Employment Law | Tully Rinckey PLLC .

Understanding the Texas Whistleblower Act: Protecting Your Rights

This article layout is designed to provide clear and actionable information about the Texas Whistleblower Act, ensuring readers understand their rights and options. The focus is on presenting information directly and accessibly.

What is the Texas Whistleblower Act?

The Texas Whistleblower Act is a state law designed to protect public employees who report illegal or unethical conduct within their government agencies. It aims to encourage transparency and accountability by preventing retaliation against those who report wrongdoing.

• Purpose: To shield public employees from adverse employment actions (e.g., termination, demotion, suspension) if they report violations of law in good faith.
• Scope: Applies to most state and local government entities in Texas.
• Key Requirement: The employee's report must be made to an appropriate law enforcement authority.

Who is Protected Under the Act?

The Act covers "public employees." It is important to identify whether you fall within this definition:

• Public Employee Definition: An employee of a state agency or local government entity. This includes, but is not limited to, employees of:

  • State agencies (e.g., Texas Department of Transportation, Texas Commission on Environmental Quality).
  • Cities and counties.
  • School districts.
  • Special purpose districts.

• Independent Contractors: Generally, independent contractors are not covered by the Act.

What Actions Are Protected?

The Act protects employees who make a "good faith report" of a violation of law. Understanding what constitutes a "good faith report" is critical.

• Good Faith Report: A report of a violation of law that is made:

  • Without malice.
  • Based on a reasonable belief that a violation has occurred.
  • To an appropriate law enforcement authority.

• What constitutes a Violation of Law?: Violations must include state or federal laws. Violations of internal company policy typically don't qualify if they don't involve a state or federal law.

• Appropriate Law Enforcement Authority: A governmental entity or individual authorized to:

  • Regulate under or enforce the law alleged to have been violated.
  • Investigate or prosecute a violation of criminal law.

  Examples include:

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  • Texas Attorney General's Office
  • Texas Ethics Commission
  • Local Police Departments
  • Federal Bureau of Investigation (FBI)

Understanding Retaliation

The Act protects against "adverse personnel actions" taken against an employee because they reported a violation.

• Adverse Personnel Action: Any action taken by an employer that negatively impacts an employee's employment, including:

  • Termination
  • Suspension
  • Demotion
  • Transfer
  • Failure to promote
  • Unfavorable evaluation
  • Harassment (creating a hostile work environment)

• Causation: The protected action needs to be the cause of the adverse action. Establishing this link is a critical part of a whistleblower claim. The employer will almost certainly argue the adverse action was for a legitimate, non-retaliatory reason.

Filing a Claim Under the Texas Whistleblower Act

If you believe you have been retaliated against for reporting a violation of law, you have options for pursuing a claim.

1. Internal Grievance Procedures: Many government entities have internal procedures for addressing employee complaints. Consider utilizing these if available, as they might provide a quicker resolution. Document everything.

2. Legal Counsel: Consult with an attorney experienced in employment law and the Texas Whistleblower Act. An attorney can assess your case, advise you on your rights, and represent you in legal proceedings.

3. Filing a Lawsuit: If internal remedies are unsuccessful or unavailable, you may need to file a lawsuit in state court.

   • Statute of Limitations: There is a strict deadline for filing a lawsuit. You must file suit within 90 days of the date the adverse personnel action occurred or was discovered. This timeline is crucial, as missing it will forfeit your claim.

   • Damages: If successful in a lawsuit, you may be entitled to damages, including:

     • Lost wages and benefits.
     • Reinstatement to your former position.
     • Compensatory damages for emotional distress.
     • Attorney's fees and costs.

Key Considerations

• Documentation is Crucial: Keep detailed records of the violation you reported, when you reported it, to whom you reported it, and any adverse actions you experience afterward.

• Seek Legal Advice Early: Due to the complex nature of the law and the strict deadlines, consulting with an attorney as soon as possible is strongly recommended.

• Burden of Proof: The employee bears the burden of proving that the adverse personnel action was taken because of their report.

• False Reports: Knowingly making a false report can have serious consequences. Ensure your report is based on a reasonable belief and made in good faith.

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Examples of Scenarios Covered by the Act

To better illustrate the Act, here are some hypothetical examples:

Video: Texas Whistleblower Act: Protect Your Rights!

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So, remember, if you're a Texas public employee with information about illegal activities, the texas whistleblower act is there to protect you. Stay informed, know your rights, and don't hesitate to seek legal counsel if you believe you've experienced retaliation!