Case: Texas Woman’s University V. Casper, No. 02-23-00384-CV, 2024 WL 1561061 (Tex. App.—Fort Worth Apr. 11, 2024); Smith V. Univ. Of Texas Rio Grande Valley, 2024 WL 3448844 (Tex. App.—Corpus Christi–Edinburg July 18, 2024)
If you have questions or need legal help with a Chapter 21 or other employment related claim, our New Mexico employee’s rights lawyer is here to help.
The Short Story
In both cases, employees filed in federal court and then tried to pursue (or later switch to) a state Chapter 21 case covering the same claims.
What The Court Decided
Filing in another court of competent jurisdiction triggers Texas Labor Code § 21.211. Even dropping the federal claims later won’t save the state case—it’s barred once you’ve initiated the federal action.
What This Means For Texas Employees
Strategy matters. Talk to a lawyer before filing anywhere. Filing first in federal court can accidentally block your Texas claims. If you have questions about this or other employment related issues, the team at Davie & Valdez P.C. is available to set up an appointment to discuss your situation during a free consultation. Roger Davie is a Board Certified Employment Lawyer who has been helping people throughout Texas and New Mexico for over 35 years. Reach out to us today.