Texas laws a mess

[jewellee]

This is the first time I have viewed your site. I am disappointed that it appears Texan's have basically no recourse to the abuse we must endure to keep our jobs.

I have several issues needing clarification.

I am considered "first level management" where indivuduals report to me but ultimately I have no power to hire or fire. I cannot view any management communications, yet I'm on salary and work 12 plus hours a day with no compensation. Can I try to collect overtime?

Next, employees who report to me are somewhere between mid 40's to 60, including myself. Two individuals have disabilities. Some look older than others. My manager is approximately 35 and continually looks for new jobs on the net and claims to hate Texas and his job. He also tells others within the organization he does not want to manage a bunch of old women.

Fortunately I look younger than I am. I never discuss my age or anyone else's. Therefore, he has told me himself that he did not want to manage older women. I told him that was discrimination and they worked hard for him and he needed to take the time to know them as his employee and individuals.

Ther is another supervisor in our group (my equal) who is very abusive to his employees and to me. I'm a very strong individual and do not take any bull off of anyone, therefore I ultimately put him in his place, but never on the floor in front of others. However, this supervisor is a friend of the manager and they feed on each other's egos.

We have all had to pass a code of conduct and ethics coarse along with an online coarse for hostile/discriminating work environment in which it specifically states we can be sued if an employee comes to us with these issues and we do nothing. We had to pass all coarse with a grade of 100%.

The other supervisors employees along with mine began coming to me concerned about the openly hostile and discriminating environment. They are concerned for me because of the abuse and hostility he displays towards me and others. I have tried to assure them they should not be concerned because I can take care of myself. But they have never seen me take up for myself when I don't say anything in return and later take it behind closed doors. .

Because of the employees concerns, company policy dictated the necessity to take it to my manager and we took it together to the GM. Both guaranteed immediate action. They took action alright, the three of them united and begin coming after me. my team and some members of the other team.

My job has now been threatened and not only do I have to "manage", train and meet my objectives as a supervisor, but I have to do the work of my employees because they transferred several them into the other supervisors group without providing replacements. The employees did not want to transfer and are always asking me to take them back which I would in a heartbeat, but I don't have the authority.

I'm being purposely left out of meetings along with new system orientation and training. I will not be ready and neither will my employees once the new system is rolled out. My GM told me "I'm not trying to threaten you but...." you have to make sure all task are done and you are not getting any new employees." I was already working overtime, now I put in many,many hours of overtime just to make sure the work gets done.

It's a shame my fellow Supervisor, Manager and GM has joined forces to remove me and get rid of my employees. My employees are not perfect. But no one is. These employees were transferred to me because no one else wanted them and refused to take them so they pushed them on me.

What a wonderful thing they did for me! I have worked very hard to train them, motivate and encourage them to be a success and now they are. I would not trade them for any other individual in the organization no matter what their age. They produce a quality product and we work hard as a team to meet timelines considered unobtainable due to staffing. We get the basics done to meet deadlines and finalize the details later in the evening. They have ultimately made me look good with less headcount and increased production. I can't thank them enough.

My husband ask me why I was fighting so hard for them! I told him "right is right and wrong is wrong and this was the right thing to do even if it cost me my job"

With Texas being an "at will" state is there any recourse for me? If company policy indicates we as supervisors are liable if hostility, discrimination or retaliation continues after going through the chain of command, is it backed by the laws of Texas? Once the employees expressed their concerns. I took action and immediately followed up with the employees by advising the issue had been elevated to upper management. Since no action was taken by the upper management, if sued, am I liable?

It's really time for a change in Texas laws. It's important to have measures in place to protect hard working individuals no matter what age from abusive, discriminating, hostile, self serving managers who earn a salary for doing absolutely nothing.

I would appreciate any guidance.

[Pattymd]

Can I try to collect overtime?

If you do not qualify under any of the classifications for exempt status, yes. See here:
http://www.dol.gov/esa/regs/complian...a_overview.htm

Next, employees who report to me are somewhere between mid 40's to 60, including myself. Two individuals have disabilities. Some look older than others. My manager is approximately 35 and continually looks for new jobs on the net and claims to hate Texas and his job. He also tells others within the organization he does not want to manage a bunch of old women.

Bad judgment, but not illegal unless you are actually being discriminated against in salary, discipline, etc. solely BECAUSE of being over 40.

Ther is another supervisor in our group (my equal) who is very abusive to his employees and to me.

Again, poor management, but it is not illegal for management employees to be jerks.

Generally speaking, unless the discrimination is SOLELY because of age, gender, or other protected characteristics, there is no legal recourse. An uncomfortable working environment is not, in and of itself, not illegal.

Sounds like you just need to update your resume and fly.

[cbg]

Despite what many people appear to believe, the ability to hire and fire is NOT a prerequisite for exempt status. In fact, despite what many people who should know better believe, it is not even a requirement that you have direct reports in order to be exempt.

Check out the link Patty provided.