I have worked for an employer/owner in Texas for the past 20 months. The employer is a drinker and is on a restricted license because of a drunk driving charge. I picked him up from jail the morning after he got busted. I was the comptroller/bookkeeper/office manager of the company.

A female employee had complained to me about the employer making passes at her. The employer attempted to use me to back him up, by calling me and telling me that she was the one that made the pass at him. However, after speaking with her, I knew she was telling the truth. Just before I was fired, the employer hired a new receptionist. The receptionist informed me that the employer had made passes at her on three occasions, which she rebuffed each time. When I set up her payroll, I called the employer and asked the salary for the new receptionist. When I relayed the salary to the receptionist, she become very upset, stating that they had agreed to a higher salary. For reasons I won't detail, I had believed her story.

Both of these women are in difficult financial positions and are afraid of losing their jobs. As a human being with a conscious, I was concerned for the women involved. As the comptroller of the company, I became concerned at this pattern and that the owner was putting himself and the company at risk. As office manager, it was also making it difficult to keep employees focused on their job when this was going on. I sent an email to the owner addressing these concerns and other concerns I had. Instead of responding to me, the owner told a married employee that I was spreading a rumor about an affair between the married employee and another employee. I never made any such statement.

The office was in an uproar. The female employees that were involved were distraught. One came into my office and broke down into tears. She told me that the owner had called her and confronted her about her accusations. She informed me that she had backed off of her accusations because she was afraid of losing her job. She apologized to me for doing so.

This is just the tip of the iceberg of what I have witnessed in this office for over a year. This happens to be the most egregious and I felt it time that someone spoke up, and did so. As a result, I was fired. I have asked the owner for the reason for my firing, but he has not responded to my request. However, another former employee has informed me that he attempted to explain to her why he fired me. She refused to listen to him. I have little doubt my former employer is spreading rumors about why he fired me.

Any recourse? Any suggestions?

Fired in Texas

Has anyone tried contacting the EEOC about this guy sexually harassing his female employees? If not, why not?

How many employees does this company have?

The company I worked for is a sole proprietorship. I was the sole employee. The owner recently formed a corporation to be used as a management company. All other employees (ten total) were employees of the management company, including the two who alleged the sexual advances. However, we all worked together. The corporation has virtually no assets at the present.

Both federal and Texas discrimination laws apply to employers with 15 or more employees. The harassed employees may have some criminal recourse against the owner for his behavior but they are not protected under any employment laws.

You and the other employees may wish to consult with an attorney to see what, if any, legal options you have but my advice would be for everyone working for this person to find other jobs and get out as fast as they can. At the very least, what is clearly a serious drinking problem is very likely going to have a major negative impact on the viability of these companies in the not too distant future. In other words, in addition to being subjected to this man's unwanted advances, they have no job security either. If the guy is actively abusing alcohol, he simply can't be running the business well.

Does the Texas Civil Rights Act have any bearing?

Here is a link:

http://tchr.state.tx.us/pubs/lggd.pdf

Look under retaliation. Thanks.

Added info:

I've been on the phone with the Texas Workforce Commission. I was informed that there is a law that protects against retaliation for opposing a discriminatory practice, including sexual harrassment. I was informed that if they find for me, I can then allow the Department of Justice to handle the case or I can hire an attorney. They suggested that I nail down all the facts and have signed affidavits from those involved. This may be more than I can handle on my own, but I don't know if I can afford an attorney while I'm looking for a job.

Let me add that I have also previously opposed the owner's housing discrimination based on race. Although I did not raise the issue at the point I was fired, I know that he did not like the fact that I opposed racist attitudes.

Suggestions?

http://www.twc.state.tx.us/laws/ch21.doc

If you will examine the definitions, you will see that discrimination laws in Texas apply to employers of 15 or more employees. Companies with less fly below the radar. I'm sorry.

Thanks for the info. The TWC investigator never asked how many employees the company had so I assumed it didn't matter. At least I know not to waste any more time going down a dead-end street. At least I'm more informed than I was before. It's just too bad that someone like this can get away with treating people as poorly as he has.

Added:

I was provided this information on 7/12/05 by the TWC:

The Texas Commission on Human Rights Act (TCHRA), Title VII of the
Civil Rights Act of 1964, and the Americans with Disabilities Act all require
employers to employ 15 or more employees in order to establish
jurisdiction for this Agency and the EEOC. Under the TCHRA only, all state
& local government employers are covered regardless of the number of
employees they employ. The Age Discrimination in Employment Act of 1967
requires employers to employ 20 employees for the EEOC to have
jurisdiction. However the Equal Pay Act of 1963 requires employers to have
2 employees for the EEOC to have jurisdiction. The US Equal Employment
Opportunity Commission (EEOC) enforces all of the foregoing federal
discrimination laws.

Back to my previous question, if I cannot afford an attorney, any suggestions before I proceed?

If there is a Legal Aid Society in your community, you can speak with them and see if they are able to help you. They provide legal assistance on a sliding fee/pro bono basis.

Beth,

Thanks for the info. It was helpful. I filed my claim today with the TWC to get the process started.

RE your suggestion that all the employees find other jobs: This man owns a number of rental real estate properties (Over 300 units at last count with the purchase of another fifty or more in the works, over 100 of which are houses) with a significant amount of equity. If he goes down, it may not be any time soon.

He has two personalities, one he maintains with business associates and the other with employees. He continues to woo investors, meanwhile he contstantly implies threats to his employees if they don't do what he wants. He carries a concealed weapon at all times, threatens people's careers and their personal safety. He thinks he is above the law and acts like it. He travels out of state despite being on a restricted license, does not get required permits. His construction employees don't even have proper certification to perform their work. He has operated this way for years and keeps pushing the envelope further, to the point of making sexual advances towards employees.

At the suggestion of a TWC representative, I contacted two employees and a former employee about providing a notarized statement. All three declined. I am sure they are scared of losing their jobs and scared for their physical safety.

I will pursue this as far as I am able on my own. If there is anyone that can offer assistance, please email me.

Thanks for the advice.

I was renting a house owned by this harrasser. On September 1, 2005, I moved to a new apartment. On September 19, 2005, the assistant manager at the apartment complex told me that my former employer had called her and tried to "sweet talk" her into giving him information about me. She refused. At the next apartment association meeting, he sat directly behind her. She said she "knew" he did it intentionally. This is his MO. Try to get info he wants and if the person won't give it to him, attempt to intimidate them.

At the direction of the Texas Attorney General's Office, I filed a complaint with the FTC regarding this latest event. He is also being investigated by the Texas Workforce Commission Civil Rights Division and by a Fair Housing Investigator based on complaints I have filed.

Any other suggestions as to what I can do to protect myself from this maniac?

At the next apartment association meeting, he sat directly behind her. You've confused me. You moved from the house owned by the harasser into an apartment complex. What was he doing at the apartment association meeting??? Does he live there too?

My former employer owns rental houses and apartments. The apartment association is a membership organization composed of apartment owners, managers, employees, and other business people associated with rental property management and/or ownership. They have monthly meetings with presentations, usually by business people interested in promoting some product or service.

Understood. I though it was a meeting of the residents of the appartment complex in which you lived.