What legal action can I take regarding a hostile work enviornment?

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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 4 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 4 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.


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