Texas § OC.505.603 - CAUSE OF ACTION FOR RETALIATION

§ OC.505.603. CAUSE OF ACTION FOR RETALIATION

CAUSE OF ACTION FOR RETALIATION. (a) A person named as a defendant in a civil action or subjected by the person's employer to other retaliatory action as a result of filing a report authorized, or reasonably believed to be authorized, under this subchapter may file a counterclaim in the pending action or prove a cause of action in a subsequent suit to recover defense costs, including reasonable attorney's fees and actual and punitive damages, if the suit or retaliatory action is determined to be frivolous, unreasonable, or taken in bad faith. (b) A person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a person who makes a report, without malice, under this subchapter. (c) A person who makes a report under this subchapter has a cause of action against a person who violates Subsection (b) and may recover: (1) the greater of: (A) actual damages, including damages for mental anguish even if no other injury is shown; or (B) $1,000; (2) exemplary damages; (3) court costs; and (4) reasonable attorney's fees. (d) In addition to the amount recovered under Subsection (c), a person whose employment is suspended or terminated in violation of this section is entitled to: (1) reinstatement in the employee's former position or severance pay in an amount equal to three months of the employee's most recent salary; and (2) compensation for wages lost during the period of suspension or termination. (e) A person who brings an action under this section has the burden of proof. It is a rebuttable presumption that the person's employment was suspended or terminated for making a report under this subchapter if: (1) the person was suspended or terminated within 60 days after the date the report was made; and (2) the person to whom the report that is the subject of the cause of action was made or the court determines that the report was: (A) authorized under this subchapter; and (B) made without malice. (f) An action under this section may be brought in a district court of the county in which: (1) the plaintiff resides; (2) the plaintiff was employed by the defendant; or (3) the defendant conducts business. Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.272(a), eff. Sept. 1, 2001.