Texas Whistleblower Retaliation Lawsuit Against Elk Creek Assisted Living & Civitas Senior Living
Doyle Dennis Avery LLP vs. SFL Elk Creek Burleson, LP d/b/a Elk Creek Assisted Living and Memory Care and Civitas Senior Healthcare LLC: Texas Whistleblower Retaliation Case
When employees witness abuse or neglect in a senior living facility, they have a legal and moral obligation to report it. Unfortunately, some employers retaliate against workers who speak up. Doyle Dennis Avery LLP is representing a former Activities Director who was suspended and then terminated after reporting suspected resident abuse at Elk Creek Assisted Living and Memory Care in Burleson, Texas.
This case highlights an important truth: Texas law protects whistleblowers in long-term care facilities from retaliation — and Doyle Dennis Avery LLP fights to hold employers accountable when they break those laws.
Case Background
Civitas Senior Living operates over 30 senior living communities across the U.S., including Elk Creek Assisted Living and Memory Care. These facilities promise compassionate care for residents, including those living with dementia.
In May 2025, during a staff shortage, the client — normally an Activities Director — filled in on a caregiving shift. On May 17, she witnessed two employees using excessive force on a dementia patient, an incident that deeply disturbed her. She promptly reported what she saw to the facility administrator, both orally and in writing.
Instead of investigating and protecting the resident, the facility suspended her within hours and later terminated her employment, citing false reasons as pretext. Another employee who saw the same incident but did not report it kept their job.
This kind of action is exactly what Texas Health & Safety Code § 260A.014 was designed to prevent.
Texas Law Protects Employees Who Report Abuse
Under Texas Health & Safety Code § 260A.014, employees of long-term care facilities cannot be fired, demoted, suspended, or discriminated against for reporting abuse, neglect, or violations of law.
Key protections include:
Presumption of Retaliation: If an adverse action (like termination) occurs within 60 days of a report, the law presumes retaliation.
Broad Coverage: Applies to employees in nursing homes, assisted living facilities, memory care centers, and similar long-term care settings.
Legal Remedies: Employees can seek lost wages, reinstatement, mental anguish damages, punitive damages, and attorney’s fees.
By holding employers accountable, these laws protect both workers and the vulnerable residents they serve.
Types of Retaliation in Long-Term Care Facilities
Retaliation can take many forms, including:
Wrongful termination after reporting suspected abuse
Sudden suspensions without cause
Negative performance reviews shortly after a report
Reduction in hours, demotion, or reassignment
Harassment or hostile work environment
Any of these actions taken after a good-faith report of abuse may violate Texas law.
Damages and Compensation Available
Victims of retaliation may be entitled to:
Back pay: Lost wages and benefits due to termination
Front pay: Future lost earnings if reinstatement is not possible
Emotional distress: Compensation for stress, anxiety, and reputational harm
Punitive damages: When employer conduct is malicious or reckless
Attorney’s fees: Legal costs to pursue justice
Legal Process: What to Expect
Consultation: A free case evaluation with Doyle Dennis Avery LLP
Investigation: Gathering employment records, witness statements, and internal communications
Filing a Claim: Preparing a petition in Texas court
Discovery: Exchanging documents and depositions to prove retaliation
Settlement or Trial: Negotiating a fair resolution or taking the case to a jury
Our attorneys handle every step so clients can focus on healing and moving forward.
Why Speak Up Matters
Reporting suspected abuse isn’t just a legal duty — it’s a moral one. Whistleblowers play a critical role in keeping residents safe, ensuring accountability, and preventing future harm. Retaliating against employees who do the right thing undermines trust and puts residents at risk.
Prevention and Employer Responsibility
Long-term care facilities must:
Train employees on proper reporting procedures
Investigate abuse allegations immediately
Protect whistleblowers from retaliation
Maintain adequate staffing to prevent burnout and abuse
When facilities fail to meet these obligations, legal action may be necessary to protect both employees and residents.
Doyle Dennis Avery LLP’s Commitment
Our firm has a strong track record of representing whistleblowers and employees who face retaliation. We believe no one should lose their job for doing the right thing.
If you or someone you know has faced retaliation for reporting abuse, contact us today for a free consultation at (713) 571-1146.
Any good faith report of suspected abuse, neglect, or violations of resident rights to facility administration, regulatory agencies, or law enforcement is protected. You don’t need to prove abuse occurred—only that you reasonably believed it did..
No. While Texas is an at-will employment state, employers cannot terminate employees for engaging in protected activities like reporting abuse or neglect in healthcare facilities.
Generally, you have two years from the date of termination or adverse action to file a lawsuit. However, some claims may have shorter deadlines, so it’s crucial to consult an attorney immediately.
The timing between your report and termination is crucial. If adverse action occurs within 60 days of your report, Texas law presumes retaliation, and your employer must prove their actions were based on legitimate, non-retaliatory reasons.
Do I need to report internally before contacting outside agencies?
Yes. Even if you secure new employment, you may still be entitled to compensation for lost wages, emotional distress, damage to your reputation, and other losses resulting from the illegal retaliation.
This actually strengthens your case. If similarly situated employees who didn’t report faced no consequences while you were terminated for reporting, it demonstrates the retaliatory nature of your employer’s actions.
Texas law specifically prohibits employers from blacklisting or interfering with your future employment opportunities. If this occurs, it constitutes additional retaliation for which you can seek damages.
Save all employment documents, performance reviews, emails, text messages, written reports of abuse, facility policies, and any communications with supervisors. Also identify potential witnesses who can support your case.
Yes, if your employer’s conduct was particularly egregious or showed a pattern of retaliation against other employees, Texas courts may award punitive damages to punish the wrongdoing and deter future violations.
Contact Doyle Dennis Avery LLP Today
Don’t let illegal retaliation go unchallenged. If you’ve been fired, suspended, or otherwise punished for reporting nursing home abuse or neglect, you have rights under Texas law. Our experienced attorneys are ready to fight for the compensation you deserve and help hold negligent facilities accountable.
Free Consultation Available Fill in informartion on the Intake Form page, and we will back to you about your case.
Doyle Dennis Avery LLP – Protecting Healthcare Workers Who Protect Our Most Vulnerable Citizens
Time limits apply to senior living retaliation claims. Don’t wait—call today to protect your rights and your future.
