Can you add a retaliation claim to an existing lawsuit if you missed the 90 day filing period under texas whistleblower act?

A City fire dept in texas passed me over for promotion in violation of tx local govt code 143. This was after i reported poss wrong doing involving other employees. No action was taken on reports and i was passed over for the promotion. I did not know about whistle blower act at time because no notice is posted in our workplaces. I filed lawsuit on the 143 claims. Can i bring in the facts surrounding the reports made or still add a retaliation claim to my original suit? All is still pending.

San Antonio, TX -

Attorney Answers (2)

David C. Holmes

David C. Holmes

Employment / Labor Attorney - Houston, TX
Answered

As a general rule, an amended pleading stating a new theory of liability relates back to the filing date of an earlier pleading if it is not based on a new or distinct transaction or occurrence. I don't recall ever seeing that rule applied to a claim under the Texas Whistleblower Act, and I don't know whether it would fit your case, but that is what you need to be looking at.

Debra Vera Jennings

Debra Vera Jennings

Employment / Labor Attorney - Sugar Land, TX
Answered

I agree with Mr. Homes. The relation back doctrine will likely allow you to raise the Whistleblower claim. The reported claim must be made to the appropriate law enforcement or governmental agency such as OSHA, Police,Sheriff or EPA etc.

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