How do I prove that my supervisor failed to help me with my performance as a way of retaliation for filing a complaint?

Asked on October 28, 2015 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What kind of complaint? If if was a complaint that you were the victim of discrimination (e.g. against you on the basis of your race, sex, religion, age over 40, or disability), then this was illegal and you may have a legal claim. How to prove it would be, if you have nothing in writing, by testimony--your testimony, and that of any other employees who have seen what's going on. If it's only your own testimony and the supervisor denies or refutes it, then it comes to credibility, if you sue--who does the court believe?
If you mean some other complaint, like about working conditions, a coworker, how hard you're working, company policy, etc., then, however, it is almost certainly legal to retaliate against you; there is no legal protection for making complaints, except for discrimination compliants; wage and hour (e.g. not being paid overtime) complaints; and in some few cases, whistleblower complaints for violations of law. Otherwise, the company/supervisors may retaliate against employees who complain.

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