My Rights As An Employee In Texas In Wake
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FAQ
Hostile work environment, also commonly referred to as hostile workplace, occurs when unwelcome comments or conduct from the employer are sufficiently severe or pervasive to unreasonably hinder your ability to perform work functions.
EEOC lawsuit settlement amounts in Texas The average employment discrimination lawsuit settlement in Texas ranges between $35-40,000.
No, in Texas, you are not allowed to sue (or file an emotional distress lawsuit) for emotional distress alone, also known as NEID (negligent infliction of emotional distress). However, you may be able to recover damages for NEID as part of a personal injury claim if you have also suffered a physical injury.
In terms of sick leave, unless it fell under the Family Medical Leave Act (FMLA) or a disability where the employer has granted you an accommodation, they can terminate you or any other employee for calling in sick.
You can report the behavior to your employer, file a complaint with the Equal Employment Opportunity Commission or even file a lawsuit. However, if you decide to do the latter, arm yourself with as much evidence as possible.
Furthermore, to prove a hostile work environment, employees must provide evidence that their employer failed to take action after the employee reported work environment concerns. Acceptable evidence includes documentation (emails or messages), incident reports, or potential witnesses.
Texas, like many U.S. states, operates under the “at-will” employment doctrine. This means that unless a contract or an agreement states otherwise, both employers and employees can terminate the employment relationship at any time, for any reason, or even for no reason at all, provided it's not an unlawful one.
It could be unlawful, though, if your employer does anything like this because of a factor like race, national origin, age, gender, or disability. Texas employment law prohibits discrimination based on certain protected categories. Harassment in the workplace is also a type of discrimination.
