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Terminated because of Opinion

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What is the name of your state? Texas

I was terminated yesterday by the President of the company I worked for because I sent an email about some possible legal problems I had researched.

The problem started when the company decided to pay everyone on the 30th of December for the check we were supposed to receive on the 6th of January for tax reasons. (Company benefit)

In this email I stated that it was possible that there was a violation of the Texas Pay Day Law because they changed the pay dates, and they also were only going to be paying us on the 20th of January, giving us only one pay period for the month.
Pay Day Law
Pay Day Law: ISec. 61.011. Paydays.


(a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) at least once a month.



(b) An employer shall pay wages to an employee other than an employee covered by Subsection (a) at least twice a month.



(c) If wages are paid twice a month, each pay period must consist as nearly as possible of an equal number of days.



Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

If this was true, then that left the Company vunerable to prosecution yada yada. Her defense to this was that she sent out a memo asking if there was a problem with this and nobody responded no. I don't remember receiving that memo at all. If I did receive that memo, does that matter?

My direct line supervisor was the one I sent the email to, and he forwarded it to the President of the company to check into. She called me and said that she didn't feel comfortable with someone with my mentality working for her because I questioned the decision that she made from a legal stand point and I was terminated as of that moment. I informed her that it was not an attempt to threaten her or disrespect her in any way and that I was just curious as to the legality of her having paid us the way that she did when I had preferred my normal dates of pay.

She told me that if I wanted to continue working for the company, that I would have to write a retraction of the email I had written my boss and state in there why I was wrong for questioning her decision. I told her I would not because I hadn't done anything wrong.

I believe the reason that she's so defensive is because she's probably in the middle of NUMEROUS lawsuits by ex employees for violations of different labor laws, discrimination, etc...

Was this termination justified because I questioned the legallity of a decision that she personally made by stating what the law says and asking those who were in the TWC Legal department for advice on the legality of it?
 
Last edited:


cbg

I'm a Northern Girl
In an at will state, which is every state except Montana and sometimes even Montana, a termination does not have to be justified. It only has to be legal. This one was.

Now, if you had reported the alleged illegalities to the TWC and THEN got fired over it, THAT would be illegal. But in most states, questioning an internal policy does not trigger "whistleblower" protections.
 

pattytx

Senior Member
And I just responded to this on the other board you posted on.

This was not a change in payday. They paid the Jan 6th check early. That's all. There WAS no violation. The state is not going to penalize an employer for paying early.
 

HomeGuru

Senior Member
Chamillion said:
What is the name of your state? Texas

I was terminated yesterday by the President of the company I worked for because I sent an email about some possible legal problems I had researched.

The problem started when the company decided to pay everyone on the 30th of December for the check we were supposed to receive on the 6th of January for tax reasons. (Company benefit)

In this email I stated that it was possible that there was a violation of the Texas Pay Day Law because they changed the pay dates, and they also were only going to be paying us on the 20th of January, giving us only one pay period for the month.
Pay Day Law
Pay Day Law: ISec. 61.011. Paydays.


(a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) at least once a month.



(b) An employer shall pay wages to an employee other than an employee covered by Subsection (a) at least twice a month.



(c) If wages are paid twice a month, each pay period must consist as nearly as possible of an equal number of days.



Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

If this was true, then that left the Company vunerable to prosecution yada yada. Her defense to this was that she sent out a memo asking if there was a problem with this and nobody responded no. I don't remember receiving that memo at all. If I did receive that memo, does that matter?

My direct line supervisor was the one I sent the email to, and he forwarded it to the President of the company to check into. She called me and said that she didn't feel comfortable with someone with my mentality working for her because I questioned the decision that she made from a legal stand point and I was terminated as of that moment. I informed her that it was not an attempt to threaten her or disrespect her in any way and that I was just curious as to the legality of her having paid us the way that she did when I had preferred my normal dates of pay.

She told me that if I wanted to continue working for the company, that I would have to write a retraction of the email I had written my boss and state in there why I was wrong for questioning her decision. I told her I would not because I hadn't done anything wrong.

I believe the reason that she's so defensive is because she's probably in the middle of NUMEROUS lawsuits by ex employees for violations of different labor laws, discrimination, etc...

Was this termination justified because I questioned the legallity of a decision that she personally made by stating what the law says and asking those who were in the TWC Legal department for advice on the legality of it?

**A: you decided to be a troublemaker and a troublemaker is not a protected class.
 

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