New Mexico and Texas Employment Attorney · No Fee Unless We Win · (915) 875-0003
Home / Retaliation / Backed Up a Coworker
The Overlooked One

You stuck your neck out for somebody else. Then they came after you.

You gave a statement. You told the truth when HR asked. You complained on behalf of a colleague. Or someone close to you complained and you were the one who paid for it. All of that is protected — and most people in this position never realize they have a claim.

The Overlooked One

You are protected the same as if it had been your own complaint.

People who back up a coworker almost never think of themselves as having a claim. They were the witness. It was somebody else's problem. They only answered the questions they were asked.

The statutes do not see it that way. Look at who they protect:

It is unlawful to engage in threats, reprisal or discrimination against "any person who has opposed any unlawful discriminatory practice or has filed a complaint, testified or participated in any proceeding under the Human Rights Act."

New Mexico Human Rights Act, NMSA 1978 § 28-1-7(I)(2)

An employer commits an unlawful employment practice if it retaliates against a person who "testifies, assists, or participates in any manner in an investigation, proceeding, or hearing."

Texas Labor Code § 21.055(4)

"Any person." "In any manner." Neither statute says the person has to have been the target of the discrimination, and neither says the person has to have started anything.

Worth Knowing

Three ways this comes up.

You answered the employer's questions honestly

HR opened an investigation into someone else and interviewed you. You told the truth. Then things changed for you. The Supreme Court decided precisely this situation — an employee who had initiated nothing and merely responded to questions during her employer's own internal investigation — and held she was protected. Crawford v. Metropolitan Government of Nashville, 555 U.S. 271 (2009). The Court explained why in a sentence worth keeping in mind: if employees could be punished for answering with no remedy, "prudent employees would have a good reason to keep quiet."

That holding matters because employers count on the opposite. They expect witnesses to shade their answers, and they sometimes make an example of the ones who do not.

You complained for someone else

You raised it because it was happening to a coworker — someone newer, more vulnerable, or less able to speak up. You are covered. The statutes protect the person who opposes the practice, not only the person aimed at.

You were punished because of your relationship to the person who complained

Sometimes the employer cannot reach the complainer, so it reaches someone close to them instead. The Supreme Court has held this unlawful, in a case where a man was fired after his fiancée filed a charge. Thompson v. North American Stainless, LP, 562 U.S. 170 (2011). As the Court put it: "We think it obvious that a reasonable worker might be dissuaded from engaging in protected activity if she knew that her fiancé would be fired."

What The Pattern Looks Like

What these cases tend to look like.

There is a version of this that is especially worth a call: the employer investigated, concluded the complaint was justified, disciplined the person responsible — and then moved against the people who spoke up. That sequence appears more than once in this office's files, and the employer's own investigation file is what proves it.

Does This Fit You?

Check yourself against this

  • I gave a statement, answered questions, or testified in someone else's complaint
  • Or I complained about how a coworker was being treated
  • Or someone close to me complained, and I was the one punished
  • I can say roughly when, and to whom
  • Something happened to me afterward
  • The reason they gave does not hold up

You do not have to have been the target. You do not have to have started it. You do not have to have been the one who was right.

If it is safe and lawful for you to do so, keep copies of anything you signed or submitted in the investigation, any notes of what you were asked, your evaluations, and the termination paperwork. Do not take anything you are not authorized to access.

Common Questions

Questions we get asked.

I did not complain about anything. HR called me in and I answered.

You are very likely protected. The Supreme Court decided that exact situation in Crawford — an employee who initiated nothing and only answered questions in her employer's internal investigation.

The coworker I backed up settled or moved on. Do I still have something?

Yes. Your claim is your own. What happened to their case does not decide what happened to you.

I was fired because my wife filed a complaint against the same company.

Tell us. The Supreme Court has held that firing a close family member of someone who filed a charge can itself be unlawful retaliation.

I am worried about being labeled a troublemaker for coming forward.

That concern is exactly what the law is built around. Courts have said plainly that if people can be punished for telling the truth in an investigation, sensible people will stop telling the truth — which is why the protection exists.

I still work there and things have gotten cold since I gave my statement.

Worth a call now rather than later. Retaliation is not limited to firing, and a pattern that is still developing is easier to document while it is happening.

What will it cost me?

Nothing upfront. This office works on a contingency fee and advances the costs of the case. Attorney's fees are owed only if there is a recovery; clients may remain responsible for case costs and expenses.

Don't Wait

Every one of these claims has a clock on it.

Some are much shorter than people expect. The sooner you call, the more options are still open. Tell us what happened — free, confidential, and no obligation.