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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
