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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36968
Experience:  30 years in Employment law
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I live in Texas an at will state and was told two days ago

Customer Question

I live in Texas an at will state and was told two days ago my services were being terminated. I just received 100% of my annual bonus and my boss has been happy with my performance. In fact, he was unaware I was being terminated. My work has produced $110m in revenue to my company in the last two years.
My challenge is several items:
1. Our CEO hit on my several months ago asking me to go out and get me drunk.
2. I told my boss about it and told her that at this point I would shut him down. She has worked for him for more than 10 years. The nature of their relationship is unknown to me.
3. In my entire 24 year career I have never gone to HR regarding work issues, however felt forced to regarding a performance issue with my boss.
4. The Director of HR had me report to a new boss and things have progresses well for the last four months.
5. I had an employee on my team that our CEO was very fond of, however very unqualified for the position. I have been Mentoring her since last March and she continues to under perform. I have documented the her performance issues. Such as helping with a proposal which is part of her job. In front of one of my team member she boldly told me no. I was shocked and so was my other team member. The next day I had a performance discussion with her and she went too our local HR team.
6. Since that time there have been meny other documented example that I shared with my boss. He has been very supportive of the steps I have been taking.
7. This employee has gone to HR after each discussion, the local HR Manager is very chummy with my old boss, and has been trying to mount a case against me.
8. For the last two years Ihave had no other issues with other team members, yet yesterday was terminated receiving my full bunus and an offer of two months salary to go away.
9. My boss and other coworkers were in shock and when I asked the reason in front of our attorney, I was told the company is moving in another direction. I know this is not true.
What recourse do I have in an at will state where I have been harassed, discriminated against and never been given the opportunity to address this HR Manager who clearly has issues with me personally?
Submitted: 7 months ago.
Category: Employment Law
Customer: replied 7 months ago.
I am a 47 year old female
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you today. You have two choices here.You have grounds to file with EEOC claiming sexual harassment and retaliation.You can pursue then a suit for wrongful termination and seek recovery on that basis. You can accept the severance agreement and likely this includes waiving your rights here to pursue the wrongful termination. Know this too there is no federal or state regulation of bonuses, vacation, or severance. You really have to decide here whether to take the sure thing or pursue wrongful termination.
Expert:  Ray replied 7 months ago.
EEOC https://www.eeoc.gov/employees/charge.cfm
Expert:  Ray replied 7 months ago.
Employment lawyer here https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
Expert:  Ray replied 7 months ago.
Law on Sexual Harassment It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Expert:  Ray replied 7 months ago.
There may be sex discrimination here too if you were singled out as a female The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Expert:  Ray replied 7 months ago.
You may decide to turn down the severance/settlement if it requires you to give up any claims you have under EEOC and for wrongful termination.It is a tough choice and only you can make it.I am so sorry you have had to go through this.Lawyer could negotiate severance /separation for you. I do think you were lucky to get the bonus whichever way you go.It is common they withhold these and no law requires them to pay you here.Thanks again.
Expert:  Ray replied 7 months ago.
I am not set up for phone calls but can send you an offer for unlimited online chat.
Expert:  Ray replied 7 months ago.
Be happy to keep chatting here if you will accept the offer.I am a Texas lawyer here.
Expert:  Ray replied 7 months ago.
Let me know if you have more follow up
Customer: replied 7 months ago.
He said hen was the Papi chula
Customer: replied 7 months ago.
I work for a
Company owned by Carlos Slim
Expert:  Ray replied 7 months ago.
Well you may decide to pursue this with an EEOC complaint and a lawyer to sue them for discrimination and wrongful termination. I wish you the best here.IF you can positive rate , five stars it is much appreciated.