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John
John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I have a boss that is trying to make me quit, he wrote me up

Customer Question

I have a boss that is trying to make me quit, he wrote me up for being myself (his words) you are doing a great job but you need to change how you speak. I have had the same speech patterns for the 3 years I've been with the company and now he wants be to change. I am a property Manager and his is taking away as much authority that he can daily
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
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Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today./* Style Definitions */
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Expert:  John replied 1 year ago.
Is there anything in particular about your speech that he commented on - for example is your speech or patterns a result of disability or is it racially or ethnically distinguished. What precisely was his comment?
Customer: replied 1 year ago.
No, its more my delivery, He was in my office when a prospect was coming in he was starting to come into my private office area and told him to stop and have a seat in the office and i would be there in just a minute the young man was not offended but my boss told me i was aggressive and harsh. I am aggressive but not harsh and have been the 3 years I've been here, I am African American and very good at my job, the property was was in the 10th level of hell when I took it over and now people want to fight to live here. I am the same that I have ever been
Expert:  John replied 1 year ago.
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Unfortunately then, there is no legal recourse here. Texas like most states is an employment at will state - meaning you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful./* Style Definitions */
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font-family:"Times New Roman";}What you are saying is he doesn't have an issue with you race or any protected reason...he just perceives you as overly aggressive. That's not illegal...even if its untrue because the law allows an employer to poorly run its business; what it will not allow is illegal discrimination. You have not described anything illegal per se. Thus, there's nothing legally you can do about it.
Expert:  John replied 1 year ago.
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I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter./* Style Definitions */
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