How Long Do You Have to File a Retaliation Claim in Texas?
If you’ve experienced workplace retaliation in Texas, one of the most critical questions is: How much time do I have to file a claim?
The answer is complicated because Texas retaliation claims have multiple deadlines depending on which law protects your specific situation. Some deadlines are as short as 30 days, while others give you up to 2 years. Missing your deadline means losing your right to file a claim, no matter how strong your evidence.
This guide breaks down every major retaliation deadline in Texas, explains when the clock starts ticking, and shows you why acting quickly protects your rights.
Why Retaliation Deadlines Matter
Statutes of limitations exist to ensure legal claims are filed while evidence is fresh, witnesses’ memories are reliable, and employers can defend themselves. Once your deadline passes, you typically lose the right to sue, with very few exceptions.
Critical Point: Different types of retaliation have different deadlines. You might have multiple options for filing, but choosing the right path and timing matters enormously.
Texas State Law Deadlines
Texas Workforce Commission (TCHRA Discrimination Retaliation): 180 Days
What It Covers: Retaliation for filing a discrimination complaint based on race, color, sex, religion, national origin, age (40+), or disability with the Texas Workforce Commission Civil Rights Division.
Deadline: 180 days from the date of the retaliatory action (termination, demotion, etc.)
Where to File: Texas Workforce Commission Civil Rights Division (TWC)
Why This Matters: If you filed a discrimination complaint with the TWC and were retaliated against, you must file your retaliation claim within 180 days. This is one of the shortest Texas state law deadlines.
Example: Maria files a sex discrimination complaint with the TWC on January 15. She’s fired on February 1 (retaliation). She has until July 30 (180 days from February 1) to file a retaliation claim with the TWC.
Important Limitation: The TWC 180-day deadline is shorter than the federal EEOC 300-day deadline. If your retaliation involves discrimination, filing with the EEOC instead may give you more time.
Texas Whistleblower Act (Public Employees Only): 90 Days
What It Covers: Retaliation against public employees (state, county, city government workers) who report violations of law by their government employer to an appropriate law enforcement authority.
Deadline: 90 days from the date of the alleged retaliation
Where to File: File a lawsuit in Texas state district court (you do not file with an agency first)
Why This Matters: This is one of the shortest retaliation deadlines in Texas. If you’re a public employee and were retaliated against for whistleblowing, you have only 90 days to file your lawsuit.
Example: Tom works for the City of Dallas and reports suspected fraud to the state attorney general on March 1. He’s fired on March 20. He has until June 18 (90 days from March 20) to file a lawsuit in district court.
Critical Limitation: The Texas Whistleblower Act covers only public employees, not private sector workers. If you work for a private company, this law does not apply to you.
Workers’ Compensation Retaliation: 2 Years
What It Covers: Retaliation for filing a workers’ compensation claim, hiring a lawyer, or exercising rights under the Texas Workers’ Compensation Act (Texas Labor Code § 451)
Deadline: 2 years from the date of the retaliatory action
Where to File: File a lawsuit directly in Texas state district court (no agency filing required)
Why This Matters: This is the longest retaliation deadline under Texas law. Workers’ comp retaliation claims give you substantial time to gather evidence and consult with an attorney.
Example: Jennifer files a workers’ comp claim for a back injury on June 1, 2023. She’s fired on July 1, 2023. She has until July 1, 2025 (2 years from termination) to file a lawsuit.
Good News: The 2-year deadline is favorable compared to other retaliation claims. However, don’t wait—evidence becomes harder to gather over time, and witnesses’ memories fade.
Learn more about workers’ compensation retaliation in Texas.
Federal Law Deadlines
Because Texas state law offers limited retaliation protections (especially for private sector employees), most Texas workers rely on federal law. Federal deadlines vary significantly.
EEOC Discrimination Retaliation: 300 Days
What It Covers: Retaliation for filing a complaint, participating in an investigation, or opposing discrimination based on race, color, sex, religion, national origin, age (40+), disability, or genetic information under federal anti-discrimination laws (Title VII, ADA, ADEA, GINA).
Deadline: 300 days from the date of the retaliatory action (in Texas and other states with state-level enforcement agencies)
Where to File: U.S. Equal Employment Opportunity Commission (EEOC)
Why This Matters: The EEOC 300-day deadline is longer than the TWC 180-day deadline. If your retaliation involves discrimination, filing with the EEOC gives you more time and often more legal options.
Example: Carlos complains to his supervisor about racial discrimination on February 1. He’s demoted on March 1. He has until November 26 (300 days from March 1) to file a charge with the EEOC.
Strategic Advantage: When you file with the EEOC, they typically automatically “dual-file” your charge with the TWC, preserving both your federal and state claims. Filing with the EEOC is often the better choice.
OSHA Whistleblower Retaliation: 30 Days (Most Cases)
What It Covers: Retaliation for reporting workplace safety and health violations under more than 20 federal whistleblower protection statutes, including OSHA safety complaints, Sarbanes-Oxley (SOX), and others.
Deadline: 30 days from the date of the retaliatory action (for most OSHA complaints)
Where to File: U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Whistleblower Protection Program
Why This Matters: This is the shortest federal retaliation deadline. If you reported a workplace safety hazard and were retaliated against, you must act immediately.
Example: David reports unsafe scaffolding at his construction site on April 1. He’s fired on April 10. He has until May 10 (30 days from April 10) to file a complaint with OSHA.
Critical Warning: The 30-day OSHA deadline is strict. Don’t confuse this with the 300-day EEOC deadline. Safety retaliation and discrimination retaliation have different deadlines.
Sarbanes-Oxley Act (SOX) Whistleblower Retaliation: 180 Days
What It Covers: Retaliation against employees of publicly traded companies who report securities fraud, shareholder fraud, mail fraud, wire fraud, bank fraud, or violations of SEC rules.
Deadline: 180 days from the date of the retaliatory action
Where to File: U.S. Department of Labor, OSHA Whistleblower Protection Program
Why This Matters: SOX protects employees of publicly traded companies who report financial misconduct. The 180-day deadline is longer than the 30-day general OSHA deadline but shorter than EEOC’s 300 days.
Example: Angela works for a publicly traded tech company and reports accounting fraud to the SEC on January 15. She’s fired on February 1. She has until July 30 (180 days from February 1) to file a complaint with OSHA.
Dodd-Frank Act Whistleblower Retaliation: 180 Days
What It Covers: Retaliation against employees who report securities violations to the SEC, participate in SEC proceedings, or make disclosures required by Dodd-Frank.
Deadline: 180 days from the date of the retaliatory action
Where to File: U.S. Department of Labor, OSHA Whistleblower Protection Program
Why This Matters: Similar to SOX, Dodd-Frank protects financial industry whistleblowers. The 180-day deadline applies to employees who report securities law violations.
Fair Labor Standards Act (FLSA) Wage Retaliation: 2-3 Years
What It Covers: Retaliation for complaining about unpaid wages, unpaid overtime, minimum wage violations, or other FLSA violations.
Deadline: 2 years from the date of retaliation (3 years if the violation was willful)
Where to File: File a lawsuit in federal court or file a complaint with the U.S. Department of Labor Wage and Hour Division (though they focus more on recovering wages than retaliation damages)
Why This Matters: FLSA retaliation claims have a relatively long deadline, giving you time to consult with an attorney and build your case.
Example: Susan complains to her employer that she’s not being paid overtime as required by federal law. She’s fired the next week. She has 2-3 years to file a lawsuit for retaliation.
When the Statute of Limitations Clock Starts
Understanding when your deadline begins is critical. The clock typically starts on:
Termination: The date you were fired or your employment ended
Demotion: The date your pay was reduced or your title changed
Denial of Promotion: The date you were informed you didn’t get the promotion
Suspension: The date your suspension began
Constructive Discharge: The date you resigned due to intolerable working conditions
Continuing Violation: In some cases involving ongoing harassment or a pattern of retaliation, the clock may start on the date of the last retaliatory act
Important Exception: If your employer concealed the retaliation or you didn’t discover it immediately, some courts apply the “discovery rule,” starting the clock when you knew or should have known about the retaliation. However, this is the exception, not the rule.
Comparison Chart: Texas Retaliation Deadlines
| Type of Retaliation | Deadline | Where to File |
|---|---|---|
| TWC Discrimination Retaliation | 180 days | Texas Workforce Commission |
| Texas Whistleblower Act (Public) | 90 days | Texas state court |
| Workers’ Comp Retaliation | 2 years | Texas state court |
| EEOC Discrimination Retaliation | 300 days | EEOC |
| OSHA Safety Retaliation | 30 days | OSHA Whistleblower Program |
| SOX/Dodd-Frank Retaliation | 180 days | OSHA Whistleblower Program |
| FLSA Wage Retaliation | 2-3 years | Federal court or DOL |
Why You Shouldn’t Wait Until the Deadline
Even though you have specific deadlines, waiting until the last minute is risky:
Evidence Disappears: Emails are deleted, documents are destroyed, and witnesses leave the company.
Memories Fade: Your own memory and witnesses’ recollections become less reliable over time.
Settlement Opportunities: Filing early may give you more time to negotiate a favorable settlement.
Legal Complexity: Determining which deadline applies can be complicated. An attorney needs time to evaluate your case and file correctly.
Agency Backlogs: EEOC and OSHA offices can have processing delays. Filing early ensures your claim is received on time.
Exceptions to Deadlines (Rare)
In very limited circumstances, courts may extend or “toll” the statute of limitations:
Fraudulent Concealment: If your employer actively hid the retaliation from you, the deadline might be extended.
Continuing Violation Doctrine: If retaliation is ongoing (repeated adverse actions), the clock may start on the last act, not the first.
Mental Incapacity: If you were mentally unable to file due to severe illness or injury, courts might extend the deadline.
Pursuit of Administrative Remedies: Some deadlines are tolled while you pursue internal company complaints or union grievances.
Important: These exceptions are rare and difficult to prove. Don’t count on them. Assume your standard deadline applies and act accordingly.
What Happens If You Miss Your Deadline
If you miss your statute of limitations, your claim is almost always dismissed, no matter how strong your evidence.
Employer’s Defense: The employer files a motion to dismiss based on the statute of limitations. If the court agrees you filed late, your case is over before it begins.
No Second Chances: You cannot refile the same claim after the deadline passes.
Loss of Leverage: Even if you try to negotiate a settlement after the deadline, your employer knows you have no legal recourse.
Strategic Filing Decisions
When you have multiple filing options, consider these factors:
Choose EEOC Over TWC: If your retaliation involves discrimination, file with the EEOC (300 days) rather than the TWC (180 days) to maximize your time.
Federal Law May Be Stronger: Federal laws often provide broader protections and remedies than Texas state law.
Consult an Attorney Early: Employment lawyers can identify which law provides the best protection and which deadline applies.
Dual-Filing: When you file with the EEOC, they often automatically file with the TWC, preserving both your federal and state rights.
Steps to Take Immediately
If you believe you’ve experienced retaliation:
- Document the date of the retaliatory action (termination, demotion, etc.)
- Calculate your deadline based on the type of retaliation
- Gather evidence immediately (emails, performance reviews, witness names)
- Consult an employment attorney as soon as possible
- File your claim well before the deadline to avoid any risk
Related Topics
- Texas Workplace Retaliation Hub – Overview of all retaliation protections
- What Is Workplace Retaliation in Texas – Definition and elements
- How to Prove Workplace Retaliation – Evidence you need
- Workers’ Compensation Retaliation – Texas Labor Code § 451 protections
- Texas Wrongful Termination – When firing violates the law
- EEOC Filing Process – How to file federal claims
Frequently Asked Questions
Which deadline applies if I have multiple types of retaliation?
If you were retaliated against for multiple protected activities (e.g., you filed both a discrimination complaint and a workers’ comp claim), you may have multiple filing options with different deadlines. File under the law with the longest deadline to preserve all your options, or consult an attorney to determine the best strategy.
Does the deadline extend if I was on medical leave?
Generally, no. The statute of limitations typically runs even if you’re on leave, unless you can prove a rare exception like fraudulent concealment or mental incapacity. Don’t assume your deadline is extended—act as if the clock is running.
What if I filed an internal complaint with HR first?
Filing an internal complaint with HR does not typically extend or pause the statute of limitations for filing with a government agency or court. Some exceptions exist if your employer actively misled you about the deadline, but these are rare. Pursue internal complaints, but also track your legal filing deadlines.
Can I file with multiple agencies?
Yes. When you file with the EEOC, they typically “dual-file” with the TWC, preserving both federal and state claims. You can also file with OSHA for safety retaliation and the EEOC for discrimination retaliation if both apply. However, be strategic about where you file first, as different agencies have different strengths.
What if I’m not sure which deadline applies to my case?
Consult an employment attorney immediately. Determining which law applies requires analyzing the specific facts of your case. An attorney can identify the correct deadline and filing process. Don’t guess—missing your deadline means losing your case entirely.
Legal Disclaimer: This article provides general information about statute of limitations deadlines for retaliation claims in Texas and should not be construed as legal advice. Deadlines are strictly enforced, and every case has unique facts that affect which deadline applies. If you believe you’ve experienced workplace retaliation, consult with a qualified employment attorney immediately to determine your specific deadline and preserve your rights. Do not wait until your deadline is approaching—evidence becomes harder to gather over time, and missing your deadline means losing your right to file a claim.
Last Updated: November 5, 2025