Case: County Of El Paso V. Avila, No. 08-23-00173-CV, 2024 WL 1326114 (Tex. App.—El Paso Mar. 27, 2024) (Mem. Op.)
If you believe your Family and Medical Leave Act rights have been violated, our New Mexico employee’s rights lawyer is here to help.
The Short Story
A county settled an FMLA dispute by agreeing to rehire a worker but allegedly didn’t follow through. The county claimed governmental immunity from suit to enforce the settlement.
What The Court Decided
Because counties lack immunity for FMLA claims, they can’t claim immunity to dodge a suit that enforces a settlement of that underlying non‑immune claim.
What This Means For Texas Employees
If a public employer settles and backtracks, you may still be able to enforce the deal—especially when the underlying claim carries a waiver of immunity.
Only 653 out of ~91,000 Texas lawyers are Board Certified in Employment Law and Roger Davie at Davie & Valdez P.C. is one of them. If you feel like your rights as an employee have been violated, reach out to us today for a free consultation.