Q: Am I able to sue my employer?
My employer texted me telling me that I need to keep my “damn” mouth shut about my pay (he has an open pay policy everyone knows about). He also said he’ll sleep just fine at night if my ungrateful attitude is gone forever. He told me that he would terminate me, “because in Ohio I don’t need a reason to terminate you”, for causing a hostile work environment and insubordination, all because I asked an employee about tips. He has sent me some nasty messages, all while I replied with respect and kindness. I’m not the first person he has done this too. Can I sue?
A: This could be considered retaliation, but you need to talk to an employment attorney in more detail. Some will offer free initial consultations.
Attorney James J Hux
Hux Law Firm LLC
Tim Akpinar agrees with this answer
A: You're employers action may violate multiple laws. First, the Fair Labor Standards Act (FLSA) and Ohio Revised Code 4111 make it unlawful for an employer to retaliate against an employee for complaining about tip credits, minimum wage, or overtime pay. In addition, the National Labor Relations Act (NLRA) prohibits retaliation against an employee that engages in "concerted activity" which can include discussion with other employees regarding wages. You should contact an Ohio employment lawyer to discuss more of the specifics and see what your options are for legal action. My contact information is contained on my profile page.
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