What legal action can I take regarding a hostile work enviornment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What legal action can I take regarding a hostile work enviornment?
My employer made my work environment hostile in attempt to get me to quit so that she could employ someone else in my position. After she did not succeed with the harassing emails and taking hours from me she finally changed my shift to a shift that I’m not able to work purposely so that I would leave. After advising her that I was unable to work that shift she fired me. Since then she has not paid me the PTO that I had and other wages due to me. I’ve contacted eeoc and they advised that it would be difficult to prove that her harassment is due to decrimination. What legal actions can I take?
Asked on August 16, 2017 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Therefore, unless that applied to your situation, you don't have such a claim here. Secondly, unless your firing breached the terms of an employment contract or union agreement, it was legal. The fact is that most employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit (absent actionable discrimination). Finally, as to your unpaid PTO, such a payout is required under TX law only if it was promised by an employer in a written policy or agreement. if no such policy exists the company would not owe it.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First of all, a hostile work enviornment has to do with a worker receiving lesser treatment due their race, religion, age, disability, national origin, age (over 40), etc. Therefore, unless that applied to your situation, you don't have such a claim here. Secondly, unless your firing breached the terms of an employment contract or union agreement, it was legal. The fact is that most employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit (absent actionable discrimination). Finally, as to your unpaid PTO, such a payout is required under TX law only if it was promised by an employer in a written policy or agreement. if no such policy exists the company would not owe it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.