Fresno, CA asked in Employment Law for Texas

Q: Can I sue my previous employer for neglect, lack of communication creating a stressful environment that affected me

I abandoned my position over a year ago , due to failure of communication, development and special treatment ( favoritism). I was demoted from my management position with out communication or with reason as to why and it affected my mental health

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1 Lawyer Answer

A: It depends upon the basis for any 'special treatment.' Generally, an employer cannot discriminate against you as a result of your race, color, ethnicity, national origin, sex, gender, disability, religion, or pregnancy. Discrimination means to treat you differently than other employees for that reason. For example, if an employer treats other employees more favorably because they are white or male or Baptist, that type of favoritism violates the law.

Apart from specific prohibited reasons, an employer can treat different employees differently. For example, if the employer likes another employee more than you because they always arrive at work early or on time, write better, are more confident or effective in making presentations, or enjoy going out for sushi at lunch or to karaoke after work, that's unlikely to constitute unlawful employment discrimination.

Without a contract that provides otherwise, an employer can demote someone from a management position without explanation and without a reason (P.S. there is always a reason). But the employer cannot demote someone for one of those specific prohibited reasons (e.g. because you are black or because you are female or because you are Catholic).

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