Workplace Retaliation Attorney
Serving El Paso & Las Cruces
Legal Representation for Employees Facing Workplace Retaliation
Workplace retaliation is one of the most common—and most misunderstood—violations of employment law affecting employees in El Paso, Las Cruces, West Texas, and Southern New Mexico. Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activity.
John A. Wenke is a retaliation attorney who represents employees who were fired, disciplined, demoted, or otherwise punished after reporting discrimination, seeking medical leave, or requesting a workplace accommodation for a disability, or other unlawful conduct.
Retaliation claims often depend on timing, internal communications, and changes in employer explanations following protected activity. Employers may attempt to justify adverse actions with shifting or pretextual reasons, making careful legal analysis essential.
Common Forms of Workplace Retaliation
Employment Law Practice Areas
John A. Wenke represents employees who experienced retaliation after:
- Reporting discrimination or sexual harassment
- Filing an internal complaint or participating in a workplace investigation
- Requesting medical leave under applicable law
- Seeking reasonable accommodations for a disability
- Opposing unlawful or unsafe workplace practices
Where We Practice
- Texas — El Paso and West Texas
- New Mexico — Las Cruces and Southern New Mexico
- Representation in State and Federal Courts
Frequently Asked Questions
No. The law protects employees who request medical leave under the FMLA or workplace accommodations under the ADA. Your employer cannot legally punish you for asking for time off, modified duties, or other reasonable accommodations related to your health or disability.
Retaliation often shows up through timing and sudden changes in how you are treated at work. If discipline, write-ups, poor evaluations, demotion, termination or a layoff happens after you engage in protected activity, the close time proximity between the events can be strong evidence of retaliation. Other evidence may include negative comments about your discrimination complaint, medical leave or ADA accommodations request, or seeing other employees treated poorly after engaging in the same protected activity.