TEXAS WHISTLEBLOWER 

In Texas, the “Whistleblower” statute that is commonly referred to applies only to government employees.  The law states that “a state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.”  The statute is found in Chapter 554 of the Texas Government Code.

The damage awards under this statute are capped based on the size of the governmental entity.  A public employee may not recover compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses in an amount that exceeds:

• $50,000, if the employing state or local governmental entity has fewer than 101 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year;
• $100,000, if the employing state or local governmental entity has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year;
• $200,000, if the employing state or local governmental entity has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year; and
• $250,000, if the employing state or local governmental entity has more than 500 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year.

Whistleblower cases have a very short time deadline.  An employee who seeks relief under the Texas Whistleblower statute must sue not later than the 90th day after the date on which the alleged violation of this chapter:

• occurred; or
• was discovered by the employee through reasonable diligence.

There may be other statutes that provide for retaliation protection.  An attorney with experience in employment law should be consulted.