Maternity question in Texas

[chud]

I have a friend who just came back to work after her maternity leave and was told that as soon as the company was legally able that her hours and pay would be cut. It turns out that no one else’s pay or hours are being cut just hers. She says as soon he became aware she was pregnant he became cold and resentfully toward her. Just curious if this was legal.
She also has emails and text messages form the owner that don’t prove anything but are kind of strange and read like he’s a little obsessed with her, including one that calls her a charity case.. I worked for this S.O.B a few years back and even then I heard rumors that he would become obsessive of a few of the women that work for him every now and then.
Thanks for the help

[dark3419]

Tell her to save those emails and texts. Individually they may not be proof, but collectively they may be used to support a cause of action for wrongful termination or wrongful adverse action.

If she can point to a statement by the manager or employer that verifies the 'we're gonna wait till its legal', then she can probably prove illegal intent regardless of the timeframe.

[ShysterJon]

First, there's no such thing in Texas as 'wrongful termination' or 'wrongful adverse action' under either state or federal law. Some states vest a property interest in private employment requring employers to afford due process much like that afforded public employees in all states, but not Texas. Texas is an employment-at-will state, meaning an employer can hire, fire, and set the conditions of employment for any reason or no reason at all, as long as it's not an illegal reason.

Regarding the OP's friend: I see two federal laws that may be at play here. One is the Family and Medical Leave Act (FMLA) and the other is Title VII of the Civil Rights Act of 1964. FMLA mandates that employers grant leave under certain situations, but it also bars an employer from retaliating against an employee once the employee returns to work after taking leave. Title VII bars discrimination in employment on the basis of gender (including pregnancy). (There is also a state law much like Title VII.)

Does the OP's friend have a viable lawsuit? Probably not. She returns to work from maternity leave. The employer cuts back her hours and pay. Without proof that her reduction in hours and pay was CAUSED by her taking maternity leave, all we have are two separate facts. She may reply, "Well, no one else's hours and pay was cut." But even if this is true, this fact alone doesn't provide a bridge of causation between her status and the actions taken against her. Also, at this point, she's suffered no damages because no action has been taken against her yet.

Could I be wrong in my take of this case? Sure, but I've litigated many employment discrimination cases in the last 29 years and unless she has good proof of causation and significant damages, she's probably not going to get an attorney willing to take the case on contingency.

A person can't file an FMLA or Title VII lawsuit that'll stick without first complaining to the appropriate federal agency. If the OP's friend wants to pursue this further she should go to the U.S. Department of Labor (DOL), which enforces the FMLA. The following is the local DOL office:

Dallas District Office
U.S. Department of Labor
Wage & Hour Division
The Offices at Brookhollow
1701 East Lamar Blvd., Suite 270, Box 22
Arlington, Texas 76006-7303
(817) 861-2150
1-866-4-USWAGE
(1-866-487-9243)

Title VII is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). The local office may be contacted as follows:

Dallas District Office
U.S. Equal Employment Opportunity Commission
207 South Houston Street, 3rd Floor
Dallas, Texas 75202
1-800-669-4000, for general information
214-253-2867, to make an appointment only

[Karl Hungus]

If still employed, an EEOC charge can set up an expensive retaliation claim. A very useful card to play in negotiating a severance.

Family responsibility discrimination is not really illegal, although there is some case law suggesting (and the EEOC takes the position) that pregnancy and/or breast feeding discrimination has a disparate impact on women and therefore constitutes gender discrimination, although courts in Texas have not been very sympathetic.

Discussion of reduction of hours and pay in conjunction with return from FMLA sounds like conduct intended to chill exercise of FMLA rights. Could be a problem for the employer.

Get a consult with an employment lawyer. Not saying she has the case of the century, but probably needs to even the power balance a little. A good lawyer can really help keep the negotiation on track without letting the employer be too much of a bully. Plus, pregnant women make very sympathetic plaintiffs because we all have wives, moms, and sisters that we don't want to see mistreated. If you can make it through summary judgment to a jury, most defense lawyers will advise against taking the chance of a large award of punitive damages.

[instfixer]

I got laid off at age 53 about 10 years ago

The only way to really sue is to have cold hard proof

Like an Email that says "get rid of the old farts"

Biggest danger is to make contact with some crook lawyer but wants to be paid upfront-- what will happen is the law office will take you for $10,000 to $40,000 and then a judge will decide there is no real evidence for a trial

You are still screwed and out that money

PLUS one might get on some blacklist that is maintained of employees that sue their companies then you become triple screwed