Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My employer owes 3 of us for overtime that we worked during…

My employer owes 3...

My employer owes 3 of us for overtime that we worked during hurricane Harvey, I am property manager of a 264 unit property. I have never had a write up, pip, record of conversation. I have an evaluation 6 weeks ago and received a raise due to my performance. I brought the money owed several times to their attention. Then I took a two week approved vacation while my daughter was giving birth to our first grandchild. The morning of my return I received a phone call from my Supervisor stating she wanted to let me know of some changes that were made in my absence. I am 45 years old and I was told that "Monica" has been with us a very long time and has a lot of expierence soshe will be acting manager of said property. I was told to assume the leasing position and to remove myself to the leasing desk in the club room. I have since learned that Monica is 33 and has only been with my company less than 1 year, I have a collective of 4+ years with this company. I have been relieved of manager duties and was to to get my new assignments from carting manager and if I didn't agree with this that I could go work at another property that currently does not have a manager, this property is 45 miles from my home. Monica is hiring new employees for my property and prior to my return my staff were told to not take orders from me. I attempted to resolve this with my direct supervisor, everytime I do, she threatens to move me to the property 45 miles from my home. I contacted HR and feel as they are not taking me seriously. I feel that the have essentially demoted me, removed my authority from my employees. Please advise?

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

Yes, I met with a labor and wage consultant on Friday, this meeting was set up with my HR department. He stated that in his opinion, they owe it and need to pay us. I feel that I am being harassed, bullied and retaliated because I won't drop the request to receive payment

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Texas is an at will state

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I feel that I am being pushed out of my position, I feel due to this treatment my continued employment will be counter productive, as I will never feel comfortable taking a vacation again for fear of being replaced and I feel that any decision I make moving forward will be scrutinized by this supervisor. The HR I have contacted just (last week) replaced our HR that was there for several years. Please advise?

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 14 hours by:
4/22/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,730
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Employment Law Question

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Employment Law Question

Kindly note that Attorneys on the site do not offer legal advice. We only provide general legal information based on questions asked.

What are your specific questions so that I can try to answer them for you?

Thank you for your cooperation.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Is it lawful what they are doing to me

I do not participate in the phone call program. Hence, the rejection of your offer. However, any interested Attorney can still accept the offer and call you back.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,730
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
No call necessary
Is it lawful what they are doing?
Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 124
Verified
Phone call session started

Your Question:

Is it lawful what they are doing to me

Response: No, it is not. This would be considered age discrimination. You can file age discrimination complaint with U.S. Equal Employment Opportunity Commission. Also, it would be considered retaliation if you had filed wage claim with Texas Workforce Commission.

Best wishes,

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Thank you
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,730
22,730 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Wrongful termination. Management and HR. "at will" job
Yes I worked 7 days straight during hurricane Harvey and got sick during the storm. My Assistant Director Of Nursing; Rhonda Wolfe. Promised that I would be off for a week, but my night manager Karen Santos gave me one PTO off. Which our CEO Mark Wallace send out a memo saying not to count any days against the employees. So the secp… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,941 satisfied customers
I have been put on a Performance Improvement Program after
I have been put on a Performance Improvement Program after returning from with unattainable goals within 45 days after returning from being out on FMLA. The goal initiatives are not the same for other… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was fired for cause during a progressive medical illness
I was fired for cause during a progressive medical illness preventing me from completing my job duties (had brief FMLA hours reduction at end of PIP). I had recognized that I was disabled just prior t… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
I was brought to a meeting with my manager,director and HR
I was brought to a meeting with my manager,director and HR representative, HR told me that to my manager was brought to attention that I was working overtime with out authorization, and if I was neede… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,553 satisfied customers
I have just received a 60-day Performance Improvement Plan
I have just received a 60-day Performance Improvement Plan from my supervisor on my first day back from a 3-month medical leave of absence for knee replacement surgery. She has had problems with my at… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
. I was harassed at another location and was transferred .
. I was harassed at another location and was transferred . I filed a complaint one the first location with lp. The new store I thought was fine until I became ill and filed intermittent FMLA . Supervi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Performance Improvement Plan rules/regs Please comment on
Performance Improvement Plan rules/regs Please comment on following: new supervisor for "PIP" for whom employee never worked before.......supervisor of record sat in and monitored, taking notes (which… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My District Manager took me in his office with the HR , handed
My District Manager took me in his office with the HR , handed me a PIP with list of things I need to accomplish within 90 days , many of which have no merit, then said to me perhaps I should take my … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am a Director of Food & Beverage at a hotel in Kansas City
I am a Director of Food & Beverage at a hotel in Kansas City MO. I believe I would be considered as an exempt salaried employee since I make business decisions, manage over 50 employees, and earn over… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,228 satisfied customers
Employed 25 plus years, no bad evals... Past fours have
Employed 25 plus years, no bad evals... Past fours have had two evils, and they could not find a job description for my position, was changed from manager to director five years ago... Have had there … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have received an unsubstantiated negative review to my complete
I have received an unsubstantiated negative review to my complete suprise and am being required to complete a Performance Information Plan (PIP). Upon receipt of the negative review I went to HR and h… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My son worked for Sears Holding for 1 yr 10 months and was
My son worked for Sears Holding for 1 yr 10 months and was let go yesterday. He started in May 2010 and had his first performance review in June 2011 and when he had it was with a new supervisor. Drin… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
One week ago, I was terminated (3 Person RIF) upon return from
One week ago, I was terminated (3 Person RIF) upon return from a five (5) week FMLA and offered a two (2) month severance package and allowed to file unemployment under a severance agreement in which … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I have recently been given a Performance Improvement Plan (PIP),
I have recently been given a Performance Improvement Plan (PIP), which provides libelous, untrue statements to justify the need for improvement in a particular aspect of my job. I've been with the fir… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,459 satisfied customers
I was employed by a company, 40 miles away from my home, to
I was employed by a company, 40 miles away from my home, to work maintenance. Showed up daily, on time, though because of traffic and work schedule, it absorbed 15-16 hours of each of my working day. … read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
To whom it may concern I am a very good employee because
To whom it may concern: I am a very good employee because I believe in kindness, caring, and hard working. I work most of the weekend, and I work from 9 to 15 hours/day. My last year's evaluation was … read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
I recently filed a formal grievance against my three immediate
I recently filed a formal grievance against my three immediate supervisors. The grievance was upheld by upper management. Since that time, I have been experiencing workplace hostility. I have moved 50… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am 45, male. I have had a successful career at the same ...
I am 45, male. I have had a successful career at the same company for 22 years, with consistent positive reviews. Within two months of receiving a positive annual review, and well above average bonus,… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x