Legal Question in Employment Law in Texas

employer practices legal?

I have been working for this company for 7 months. Recently the

enviroment has become unbearable for me. My boss is constantly

talking about religion. She has asked me on a couple of

occassions, at work, if I pray and what I pray about. She will

literally come into my work area and talk about her religion and

how important it is.

I have told her I do not feel comfortable hearing the discussion of

religion while I am working. But she said her religion was very

important to her.

Now the problem is, I believe she is going to let me go. I received

a phone call from her last night, at home, stating she feels ''my

working for her is not going to work out'' (she never mentioned the

word 'fired'' but it was as though she was trying to get me to say I

quit). She then said she would call me at home on Sunday (?) so

we can discuss our working arrangements.

Do I have any rights here, or anything I can do if I am getting

canned?

Note: I am considered a contract employee. She pays me cash.

(that's another problem I know)


Asked on 4/23/04, 2:54 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: employer practices legal?

You cannot be discriminated against (including termination) because of your religion, but you cannot prevent a superior from talking about hers. In a larger company, people generally are counseled not to make an issue of their spiritual beliefs to make the work environment more easy going, but that is not directly required by law. Also, if your business has fewer than 15 employees, there is no prohibition on this type of discrimination, nor with gender, race, etc. The issue of cash payments raises other porblems. I hope that you are fully reporting all your income, however recieved, to the Internal Revenue Service, and that your employer is following this nation's laws as well. If either of you is not, it will certainly ultimately be a problem. Frankly, you might explore "coming clean" yourself if you are breaking the law, and letting the IRS know of the illegality of your employer's conduct.

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Answered on 4/23/04, 3:31 pm


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