Can my new employee fire me for filing a complaint against my supervisor?

UPDATED: Sep 30, 2022

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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


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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.

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