Am I able to sue company for discrimination?

Recently my company has cut back on hours due to slowdown in business. They divided the workers up to three groups to take turns working during the week. I have found out that instead of scheduling the whole group to work each turn they are picking certain people from each group to work. I asked my supervisor why they are not scheduling me but letting the others in my group work. His response was “I don’t like you, that’s why I don’t want to schedule you.” What can I do? Is this considered discrimination?

Asked on July 2, 2009 under Employment Labor Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't sound like illegal discrimination, since you haven't indicated that they are picking people by race, religion or anything like that.  If you don't have a written employment contract, and your company doesn't have an employee handbook that covers this in a way that can be used as a contract against them (and this is very rare), you're an employee "at will."  That means that no reason at all is needed to fire you or cut your hours, and "I don't like you" is a legally acceptable reason.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't sound like illegal discrimination, since you haven't indicated that they are picking people by race, religion or anything like that.  If you don't have a written employment contract, and your company doesn't have an employee handbook that covers this in a way that can be used as a contract against them (and this is very rare), you're an employee "at will."  That means that no reason at all is needed to fire you or cut your hours, and "I don't like you" is a legally acceptable reason.


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