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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 38855
Experience:  30 years in Employment law
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I worked for CPS in Texas for almost 15 years. There were

Customer Question

Hi. I worked for CPS in Texas for almost 15 years. There were some questions about how a case of sexual abuse was handled and the next thing I know I am being terminated. As a supervisor I did not accrue payable OT but all my hours were considered COMPT. When I was let go I was not paid 214 of COMPT all my sick leave was also taken, the only pay I received was my annual leave. I am not understanding how I was not paid that COMPT time if they were already hours worked.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full Time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe I was wrongfully terminated as well but I did not file a grievance within the 10 days of receiving notice because I ended up getting physically and emotionally ill over the whole situation. I sent them a letter from my physician telling them that I needed medical leave but they had already terminated me only I did not know that until a couple of days letter when they MAILED me a letter. There were alot of things that went wrong with whole situation alot of people were involved and I was the only person who was terminated and in fact many including myself were shocked at what transpired and that I was actually fired.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 2 months ago.

I am familiar with the state of Texas and your agency.The state does not pay for comp time, sick leave can be credited toward your rule of 80 but you may still be short.You may want to argue some kind of discrimination here--age, sex, race and file a complaint with EEOC.This offers you the best protection and if they issue a right to sue letter might get you severance and other damages.

File here

https://www.eeoc.gov/employees/charge.cfm

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. There are time limits for filing a charge

It has been my experience if EEOC finds in your favor they would make you an offer for severance of say 6 months to a year.You would have right then to sue if unresolved.

I am so sorry that this happened to you.EEOC protects you as an at will employee and might allow you to file for UI benefits claiming termination

was based on discrimination.

You are not going to get paid for the comp time or sick leave, on that issue I am so sorry but there is no federal or state law that requires them to pay you.You should get service credit for the sick leave.

I know you have a lot going on here, please let me know if you have more questions be happy to respond.

If you can positive rate 5 stars when we are done it is always much appreciated.

Customer: replied 2 months ago.
Thank you for your help. You have no idea how how hard things have been. They said not rehirable now I can't apply anywhere in TDFPS. I had 6 years to retire. Feel so lost
Expert:  Ray replied 2 months ago.

As part of EEOC you would seek to fore them to change that.I hope you will pursue this at least give you some severance.And a lawyer here too, TDFPRS has really done some bad things to people lately.

Expert:  Ray replied 2 months ago.

Remember they are not likely to give you a bad recommendation they just give job title, dates of service, salary.You likely could buy the time you need but it will cost some $$$

Expert:  Ray replied 2 months ago.

Talk to ERS about your retirement, you get credit for sick leave maybe buy what you need here

https://www.ers.state.tx.us/Employees/Retirement/Service_Credit/

Expert:  Ray replied 2 months ago.

Sorry this happened to you, this agency has done this to a lot of people recently lots of purges make sure you get your EEOC complaint in and consider a lawyer to sue.

Thanks again and thanks for rating.

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