Texas residents may be interested in hearing about a case where a woman is alleging that she was fired after she requested back pay for some previous surgery-related time off. She took off work to have surgery and to recuperate from the surgical procedure from December 18, 2014 to January 4 of the next year. She ended up needing additional time for recuperation and did not return to her place of employment for work until January 20. This is how her wrongful termination and retaliation claim got started.
When she did go back to work, she realized that she had only received vacation pay that she had not used from the previous year. She says that she had not received the sick pay that she had requested. She reached out to her general manager and company president to get the back pay. They failed to provide the funds, so she filed a complaint with the state.
Once her manager found out about this complaint, the woman says that she was fired on the spot. Now, the woman is seeking her unpaid wages and commissions from the time that she was off work. In addition, she is seeking punitive damages for the company's alleged retaliation.
Employees should feel comfortable about filing a complaint within the company or to the state when the company fails to act on the complaint filed with the company. However, when employers decide to retaliate against employees who file complaints regarding harassment, discrimination, back pay or any other workplace problems, employees do not feel safe. Plus, it is against the law for employers to act in this way. Luckily, for Texas employees who believe they have been a victim of wrongful termination and retaliation, it is possible to sue the employer for damages, which may include getting their job back, back pay and more.
Source: wvrecord.com, "Woman says exterminator didn't pay wagers after firing", Robert Hadley, Nov. 25, 2015