I work at a hotel. About 3 weeks ago I told my employer I would file an ADA complaint if they did not get the required things necessary to operate pool lift. Week after that, I missed a mandatory meeting and did an hour of free labor to try and make up for it. After a housekeeper called me a "b#*$" I called my boss and told her that her employees needed to have her number. I told her I wasn't paid to do managers work and I would no longer be doing so w/o pay. Next day my boss called me in to her office and said she was writing me up for customer complaint. After a exchange, I said I was going to take the write up & write a response and put it back in her door. A few days later she called and asked if I did. I told her I wasn't going to sign it as I felt it was retaliatory.... Can't fit ALL
Administrative Law Lawyer
It doesn't much matter whether we stick the label of "retaliation" on this narrative or not. By your own statement here, incomplete as it is (with you presumably doing justice to your version of the facts at issue), you have given evidence of more than sufficient lawful reason for the employer to terminate the employment relationship. You overplayed your hand.
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1 lawyer agrees
Employment / Labor Attorney
It wouldn't be retaliation for threatening to file an ADA complaint if you do not have a disability that you believe needs accommodation.
It sounds like there are some issues where you are not being paid for work you have performed and you may have some remedies available there but the hotel is within its right to discipline you over a customer complaint.
Employee Benefits Lawyer
Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause. If an employer, at any time, decides they no longer want to employ someone, for any non-discriminatory reason, that employee can legally be terminated. However, an employer generally cannot terminate an employee for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). Because you do not describe any protected disability, this scenario does not sound like prohibited discrimination or retaliation.
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