Skip to main content

Do I have a case for discrimination and unfair practices against the huge corporation I work for?

Midland, TX |

I am an Office Manager and am paid by salary. The law states that those paid this way must supervise at least 3 people & have the ability to hire & fire. The other Office Manager in this area and I both supervise people but would never be allowed to hire or fire and have only attended one managers meeting in two years.. One of the people I supervise was told by the General Manager that I could not fire her which she proceeded to throw in my face when I tried to discipline her. The company does not pay all office manager in this way, but are considering it. I feel that they are doing this just to avoid paying overtime. They currently have a class action lawsuit against them for their payment practices in another area of the country.

+ Read More

Attorney answers 3

Best Answer

You should set an appointment with an employment attorney to discuss your case further. This is probably the one area that is most overlooked by employers. In fact, most employers probably don't know the exempt/non-exempt rules.

The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.



Thanks for you help. I am not familiar with any employment attorneys in the Midland area. Any suggestions?


Your first step should be to contact the attorneys that are already suing your company for related practices. These attorneys may be able to expand the existing suit to include your claims, or they may know of attorneys who are already schooled on your company's personnel practices. If so, these are the attorneys who would offer you a significant advantage in moving on any claims.

Be careful about suing your employer. The law "protects" you against retaliation, of course, but it does not prevent improper employer action. It only offers potential redress.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


That's not quite right. You don't need to have the ability to hire and fire. Instead, it can be sufficient that your input on personnel decisions be given "particular weight."

Your type of claim is called a misclassification case -- the issue is whether the company has misclassified you as exempt. This is a common issue. You need to work through this with an employment lawyer.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer