Employment Retaliation Claims in Texas

To prove a retaliatory discharge claim in Texas, the employee must show that the employer's action would not have occurred when it did had the employee's protected conduct; for example, filing a workers' compensation claim, or filing an EEOC claim -- not occurred. See Haggar Clothing Co. v. Hernandez, 164 S.W.3d 386, 388 (Tex. 2005). Circumstantial evidence and reasonable inferences from the evidence can establish the causal connection. See Cont'l Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444, 451 (Tex. 1996). If the employee can establish a causal link, the employer must rebut the alleged retaliation by showing that there was a legitimate reason for the discharge.

Although not elements of retaliation, circumstantial evidence offered to establish a causal link may include:
(1) knowledge of the compensation claim by those making the decision on termination;
(2) expression of a negative attitude toward the employee's injured condition;
(3) failure to adhere to established company policies;
(4) discriminatory treatment in comparison to similarly situated employees; and
(5) evidence that the stated reason for the discharge was false.

See Aust v. Conroe Indep. Sch. Dist., 153 S.W.3d 222, 228 (Tex. App.--Beaumont 2004, no pet.).