Can my new employee fire me for filing a complaint against my supervisor?
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Can my new employee fire me for filing a complaint against my supervisor?
I have been at my new job for almost 30 days. I recently filed a complaint to HR
for a hostile work environment. I have request to be placed under another
supervisor. Because I am a new employee can they let me go?
Asked on October 22, 2016 under Employment Labor Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The answer is maybe. If your complaint was a general complaint because the supervision is difficult to work for, your employer can decide that the supervisor is more valuable than you and terminate your employment. Texas is an at-will employment state....which means that either of you can discontinue the employment relationship at any time.
The exception to at-will employment is a violation of any state or federal laws regarding whistleblowers or protected classes. If the conduct by your supervisor is something beyond "being difficult to work for," and involves things like being forced to violate OSHA safety laws or you being harassed because of your sex, race, or gender... then this conduct is not acceptable and your employer should not terminate your employment. If they chose to terminate your employer for a reason that violates one of these types of laws, then you have several options. You can seek to file a claim through an appropriate state or federal agency including the EEOC or Texas Human Rights Commission.
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