Q: I was granted permission to sue my employer in December 2023 and they have been retailing sense. What can I do?
The company has done so many things and I have it all documented in audio recordings, emails and text messages. I have had my schedule changed when coming back off of vacation time without being told. The manager that told me his leadership was telling him to skip steps of the attendance policy was fired. I have been written up for going home sick even after telling them it’s due to the anxiety I am suffering under with the worry of how they are going to retaliate against me next. The reason I was granted permission to sue them originally is due to being battered by a manager and being moved to another location with several other issues as well. I have all of this and so much more in documentable proof. They are hiding behind an arbitration agreement that they refuse to give me a copy of and stalled with giving me information in a timely manner to pursue my case against them in a court of law.
A:
If you were issued a "right to sue" letter by either the EEOC or the TWC, the time to file a lawsuit is 90 days from the date of the letter for a federal lawsuit and 60 days from the date of the letter for a Texas state court lawsuit.
In Texas, arbitration agreements are usually binding on the parties who agreed to them. Arbitration before the American Arbitration Association (AAA) is very advantageous for employees as the employer is required to front a significant portion of the arbitrator's fees and administrative expense.
From your description of your claims, it doesn't sound like you have much in compensatory damages. I would caution you to make sure that your compensable damages are worth it even if you have clear liability facts before investing tens of thousands of dollars in litigation or arbitration.
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