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Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33161
Experience:  15 years practicing attorney
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My husband works large high end car dealership in Ft.

Customer Question

My husband works for a large high end car dealership in Ft. Worth, TX for the past almost 18 years. Six months after he worked directly for the owner of the dealership he approached him with an offer to manage a large ranch. About two years ago his wife passed away and last August he remarried his niece who is 22 years younger than him. She has made his job very difficult. She came with 5 horses and the owner even called me to say that nothing would change and my husband would still raise the cattle and continue the operation of the ranch. His is still an employee of the dealership. His paycheck and insurance card are proof of that. She has sent mean texts and emails to his and fired contract people that my husband working at the ranch. His boss has avoided talking to him for the last 6 months and when he talked to him this past Monday of how difficult it has been and how demanding she is and he fired him. Stating that things change. Now he says that the dealership will not pay 3 weeks earned vacation. All of this to me is so wrong since he and the ranch are the same business. I think he thought the ranch was a write off for him, but he never moved my husband to paying him from the ranch. It always stayed under the umbrella of the dealership. Can he sue for harassment?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I am sorry to hear that this has happened to your husband due to the new wife making things difficult. Unfortunately if husband wasn't under a written employment contract, then he is legally an "at will" employee under TX law. What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all..So while what the employer did was inequitable and unfair, it was not illegal. Wrongful termination only comes into play if you were terminated for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin)..If the employer terminated him because the new wife simply didn't like him, then while it isn't right, it is not illegal..As for any vacation time, under the TX Payday Law, an employer only has to pay for unused vacation time if there is a written policy or agreement stating that they have to do so upon a separation of the employee. So if there is no written policy, the employer doesn't have to pay for that time..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister

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