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Dale Mark Rodriguez's Answers

Dale Mark Rodriguez
Plano Employment / Labor Attorney.
Contributor Level 5

2

Attorney answers:

  1. Susan Cone Kilgore
  2. Dale Mark Rodriguez

My co-worker swears like a sailor can I sue her and my employer?

Asked by a user in Austin, TX - over 2 years ago.

If her swearing is not directed at a person or group or based on a characteristic that is impermissible under the law (ie, race, color, sexual or gender-based, age, national origin, religion, disability, etc.), then her behavior has to REALLY be bad to be actionable in Texas. There is a very, very limited possibility in what has to be a highly unusual situation involving extreme conduct for a claim of intential infliction of severe mental distress. I doubt that swearing like a sailor or just...

1

Attorney answers:

  1. Dale Mark Rodriguez

Is that wrongfull termination ?

Asked by a user in Arlington, TX - over 2 years ago.

Are you not able to lift over 40lbs? Is it because of a physical impairment (ie, substantial limitation of one or more of your major life activities)? If so, it is possible you may be an individual covered by the Americans with Disabilities Act (as amended), which prohibits employment discrimination based on a covered person's disability. If you are covered by the Americans with Disabilities Act, then the next question is whether the 40lb lifting requirement is an essential job function....

1

Attorney answers:

  1. Dale Mark Rodriguez

I am a 57 year old woman .I have had a perfect work record for 31 years.The company I work for was a contract co.that I worked .

Asked by a user in Nacogdoches, TX - over 2 years ago.

Possibly. I find the several questions from upper management in the months/weeks before your discharge about when you would retire suspicious. Standing alone, those questions may not be ageist, but if the reasons for your discharge are also suspicious and you were targeted/harassed during the time frame these questions were asked, then all combined might possibly be enough evidence to support an age discrimination claim. You should consider filing a charge of discrimination with the EEOC so...