Legal Question in Employment Law in Texas

I was hired full time at the job I am at now. I noticed she was not paying me correct and I filed a wage claim against her. And after she received a copy of it in the mail she has been nothing but rude to me embarrasses me in front of other employee and in front of customers. She yells at me and elbows me when I do something wrong. And she has told numerous of customers I am stupid. She then hired a new chick for part time and told me once she is hired on I will be knocked from full time to part time with her. And then I was told she was going to be full time. Well I over heard my boss say to the new employee she was taking my hours away from me and giving them to her (new employee) and then proceeded to talk under her breath about me. Is there any way I can call discrimination upon that? I am a different race then the new employee and I feel I have been discriminated against since I filed a wage claim and she is retaliating against me for it vs firing me and having to pay me unemployment.


Asked on 4/17/12, 11:38 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Call if you want a lawyer..but yes.FLSA=fair labor standards act....What the FLSA says about employer retaliation:

You cannot be retaliated against for exercising a protected right under the FLSA. Protected rights can include:

talking about your wages with your co-workers;

complaining to a supervisor about overtime;

filing a complaint against your employer's employment practice that you have a reasonable belief is unlawful;

complaining to a supervisor about discrimination;

complaining to a government agency;

whistleblowing, or reporting federal overtime and wage violations by your employer.

Retaliation law prohibits employers from "getting back" at employees who file a complaint against them. Retaliation claims allow employees to obtain a court order for reinstatement, back pay and other relief. In other words, the law prohibits an employer from getting even with an employee who engages in protected conduct under the FLSA.

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Answered on 4/17/12, 1:33 pm


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