Legal Question in Employment Law in Texas
Determining number of employees
Recently informed EEOC can't pursue complaint against employer because he reported less than 15 employees. He has always had people he paid several employees as though they were contracted to do a specific job (contract labor- no taxes deducted etc.) How can I get them to look into this instead of giving me a right to sue letter? Does it matter that he had more than 15 employees when I worked for him as opposed to now?
2 Answers from Attorneys
Re: Determining number of employees
You may well be able to include contract employees as part of the 15 employee threshhold if they are misclassified by the employer. This in fact creates a separate statutory violation of other laws and may provide you some leverage. In addition, the number of employees when you were terminated, as well as shortly prior to that time, are the important numbers. By the way, a "right to sue" letter if there are not 15 employees provides you no basis to pursue a Title VII violation.
Re: Determining number of employees
There are other laws that may cover your type of case if the law that regulates EEOC does not. We handle cases like that all the time. Feel free to contact us if you so desire at 7137714775
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