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Retaliation? told boss that I would file ADA complaint for violation & requested I be paid for time worked. fired shortly after

Sweetwater, TX |

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

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Attorney answers 3

Posted

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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Posted

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.

Asker

Posted

To add: I said she would need to schedual a meeting with the owner. She never mentioned the write up again. A week later, I got paid. Didn't get paid for a day of overtime. I got the check for the day at the end of the week.I was missing five minutes. When I asked to be paid for every minute that I worked, she said 'for 5 minutes,' sighed and rolled her eyes at me. The guest complaints were maid the following Monday. Magically, I had 3, whic has never happened before. My GM couldn't even give me specifics when I asked.

Asker

Posted

This is a little more explanatory, if you're interested.

Asker

Posted

http://community.lawyers.com/forums/p/130852/664836.aspx#664836

Posted

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.

Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.

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