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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Harassment (two previous managers terminated ), and hostile

Customer Question

Sexual harassment (two previous managers terminated for this), and hostile work environment.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: One, but they do not specialize in employment law. I am instructed to find more council and file a complaint with the Texas Workforce comission
JA: Anything else you think the lawyer should know?
Customer: Numerous documented threats of termination (as a 'joke'), everyone is given a nickname. Which some are highly sexualized and embarrassing (even printing the name on the guest check). IE "Tbag" and "Firebush" (actual names). Management using excessive profanity at myself and other servers in the presence of other guests and staff.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Employment Law
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am very sorry to learn of this unfortunate treatment at your workplace.

What you describe is harassment.

If I understand correctly, you have already spoken to an attorney, and the lawyer advised you to both file a complaint with the labor commission, and to seek out another attorney that specialized in employment law.

Is there a more specific question I can answer for you today or were you seeking confirmation before going to the time and effort of seeking out an employment law attorney?

Customer: replied 4 months ago.
I was also bit by a dog one the clock and was not allowed to file about the incident, or tend to my bite. This was documented on camera with other witnesses (employees). I have been told that it requires at least $30,000 to seek council for a formal complaint, what do I do besides file with Texas WF?
Expert:  CalAttorney2 replied 4 months ago.

You can file your own small claims lawsuit (this allows you to sue your employer for up to $10,000.00 quickly and easily without having to retain an attorney).

You can find information on small claims suits in TX here: https://www.depts.ttu.edu/sls/forms/How-to-Sue-in-Small-Claims-Court.pdf

(Remember, you can do this at the same time that you file your complaint with the Workforce Commission, the two remedies are not exclusive of one another).

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