Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question today. I have some questions to better help me address your concerns.
Any evidence that your son is being discriminated against based on his race, religion, gender or disability?
I know you stated he was not with a union employer. Did he have a contract of employment stating that he couldn't be terminated without cause?
I'm not sure if you saw my questions. I asked them because they are legally significant.
In employment law, generalized harassment is not illegal. This comes from our Supreme Court, who noted that our employment laws are not meant to be a civility code. Instead, only certain forms of harassment are illegal....harassment based on race, religion, gender, age, disability or recent FMLA use can be considered illegal.
So, without being able to allege discrimination on one of those factors, he can't really do anything about the general treatment. Without a contract of employment like the one I mentioned, he doesn't have any means of suing for wrongful termination or constructive discharge (where an employer is essentially forcing you to leave), because those require contracts to work.
He does have a complaint here though about being paid off the books with his OT. For that, he needs to file a complaint with the Department of Labor in his state. Such a payment situation is illegal and is an attempt by the employer to show proper reporting of OT and pay in general.