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Here’s some good news for employers: According to a recent Supreme Court of Texas decision, workers who complain to their supervisors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.
“Can’t we sue him for this?” That’s what many employers say after being hit with what they believe is a frivolous employee lawsuit. The First Amendment protects the rights of companies to seek such redress in court. But, in most cases, a counterclaim is not a smart move.