Emotional distress claim can be brought after employer retaliation against an employee who filed a claim for lost wages. The 5th Circuit Court of Appeals has found that a claim of emotional distress can be brought after an employer retaliates. In this case the employer sought to evict the plaintiff after he had brought claims […]
There are damage caps for employment cases under both federal law and Texas law. These caps are based on the size of the employer and apply to what are known as punitive and compensatory damages. Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person’s race, color, national origin,
What are the damage caps for employment discrimination cases and how do they apply? Read More »
Under Federal and Texas law you can only sue your employer for discrimination. As an El Paso, Texas employment lawyer I have many employees who come see me tell me they really want to sue their supervisor who has been harassing them or retaliation and discriminating against them. While there was some question at one
The Sabine Pilot doctrine provides a cause of action for an employee who was discharged for refusing to commit an illegal act. Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex.1985). Your employer cannot fire you if you refuse to do an illegal act. However, if you work for the government (city, state school
In Texas it is illegal to fire someone who refuses to do an illegal act. However, some actions an employee refuses to commit are prohibited by federal laws that have their own anti-retaliation protections. Some employers have tried to keep employees from suing for refusing to do an illegal act by claiming that the employee
The cause of action for refusing to do an illegal act in Texas requires a plaintiff to prove that refusal to commit an illegal act was the “sole” reason for the discharge. The “sole” reason standard is more difficult to satisfy than the “motivating factor” standard of for most wrongful termination claims, and it might
Whistleblowing is not protected by the Whistleblower Act unless a whistleblower’s report is to an “appropriate law enforcement authority. See Gov’t Code Ann. § 554.002. First, it should be understood that the whistleblower act of Texas only applies to government employees. There is no general whistleblower statute for employees of private non-government employees. It is
I have written at length about the Texas Whistleblower Act and that you must be a government employee who reported illegal activity to an appropriate law enforcement agency: https://rogerdavie.com/news/whistleblowing-is-not-p…, https://rogerdavie.com/news/before-a-a-government-e… Before filing a whistleblower suit, a government employee “must initiate action under the grievance or appeal procedures” of the employer entity. Tex. Gov’t Code §
I have written at length about the Texas Whistleblower Act and that you must be a government employee who reported illegal activity to an appropriate law enforcement agency: (https://rogerdavie.com/news/whistleblowing-is-not-p…. Also under the grievance procedure you no only must report the illegal act to the appropriate law enforcement agency and file the grievance (even if there
I have written at length about the Texas Whistleblower Act and that you must be a government employee who reported illegal activity to an appropriate law enforcement agency: (1. https://rogerdavie.com/news/whistleblowing-is-not-p….; https://rogerdavie.com/news/before-filing-a-whistle…; 2. https://rogerdavie.com/news/the-courts-hold-that-yo…; 3. https://rogerdavie.com/news/before-filing-a-whistle… However there is one more issue dealing with retaliation and that is evidence of a decision-maker’s knowledge of an employee’s