Sec. 36.115. RETALIATION AGAINST PERSON PROHIBITED. (a) A person, including an employee, contractor, or agent, who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of a lawful act taken by the person or associated others in furtherance of an action under this subchapter, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this subchapter, or other efforts taken by the person to stop one or more violations of Section 36.002 is entitled to:
(1) reinstatement with the same seniority status the person would have had but for the discrimination; and
(2) not less than two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees.
(b) A person may bring an action in the appropriate district court for the relief provided in this section.
(c) A person must bring suit on an action under this section not later than the third anniversary of the date on which the cause of action accrues. For purposes of this section, the cause of action accrues on the date the retaliation occurs.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 7, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 5, eff. September 1, 2013.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle C - Assistance Programs
Chapter 36 - Medicaid Fraud Prevention
Subchapter C. Action by Private Persons
Section 36.101. Action by Private Person Authorized
Section 36.102. Initiation of Action; Consent Required for Dismissal
Section 36.1021. Standard of Proof
Section 36.103. Answer by Defendant
Section 36.104. State Decision; Continuation of Action
Section 36.105. Representation of State by Private Attorney
Section 36.106. Intervention by Other Parties Prohibited
Section 36.107. Rights of Parties if State Continues Action
Section 36.108. Stay of Certain Discovery
Section 36.109. Pursuit of Alternate Remedy by State
Section 36.110. Award to Private Plaintiff
Section 36.111. Reduction of Award
Section 36.112. Award to Defendant for Frivolous Action
Section 36.113. Certain Actions Barred
Section 36.114. State Not Liable for Certain Expenses
Section 36.115. Retaliation Against Person Prohibited