Do I have a case?

Question

Okay, this boss of mine is very revengeful and stupid.
One time, because he can't defend his words, and he yelled back at me for no reason. And later on , he sent me email (email me only) regarding OT that I am not supposed to make while at the same time, he lets others to make their OT, it's on going for two weeks. (And I have proof of that). I think he is picking on me or discrminating on some sort... Do I have a case? It would be good if you have experienced something like that or you are a lawyer...

OT is paid, but the point is he is only stopping me, not others!

Answer 1

Your case is VERY weak with only the facts you presented. I suggest you save your e-mail and PRINT IT OUT. It is almost always admissible as evidence. What does your employment training manual say about the steps to solve such a situation? If you haven't formally complained, you will only piss off the court because you haven't used other resources to try and solve the problem. There are other facts that need to be known; your job vs. other employees! Do you have a different job title? What is your pay per hour (or total base salary) compared with that of other employees? Do you have any disciplinary action in your personnel file, and who is it from, what is it concerning, etc.? You will need to present a lot more info to an attorney before they can make an adequate judgment about whether you are likely to succeed. As it stands, with only what you presented, you are not likely to succeed.

Answer 2

Your case sounds very weak. Unless you can show he's stopping you from making OT because of an illegal reason then there's nothing illegal. ie he stopped you from having OT because you took FMLA leave, or because you're female, etc.

Your employer can indeed determine who gets OT and who doesn't, as long as it's not done in a manner against the law. Simply because he doesn't like you or because you comb your hair a certain way doesn't qualify as illegal discrimination, but is legal discrimination.

Legal discrimination happens all the time. ie Joe gets OT regualrly while you don't because Joe helps the boss out all the time.

Answer 3

You should contact a lawyer. That fact pattern was not enough to charge discrimination or other wrongdoing. An attoenry can interview you and determine if you have a cause of action.

Answer 4

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Answer 5

Employers are legally obligated to pay overtime if you work over 40 hours per week. If you have proof that he isn't, yes, you can sue him. As far as discrimination, you would have to prove that he is discriminating against you on the basis of your sex, race, religion, ethnic backround, handicap, or (in some states) sexual orientation.