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
As an El Paso employment lawyer I see a lot of fired employees who don’t necessarily want to sue for wrongful termination but want to be paid for commission that they believe they are owed but remains unpaid. The law generally says that you are owed the commission unless the commission agreement says that it
As a general rule you can sue someone who makes a false statement about you that hurts your reputation subject to certain privileges. You should note that if the statement or reference is true or is an opinion it is not subject to a lawsuit for defamation (libel/slander). A former employer’s response to a prospective
Age discrimination is the most insidious discrimination. A recent government study shows that old workers are systematically discriminated against in employment. Older women received the highest amount of discrimination. This is illegal under both Federal and State law. https://www.theladders.com/p/16251/new-study-proves-it-is-harder-to-find-a-job-as-you-get-older
Age discrimination is the most insidious discrimination. Read More »
Wrongful Death—Gross Negligence—Risk Analysis—Goodyear Tire & Rubber Company v. Rogers, ___ S.W.3d ___, 2017 WL 3776837 (Tex. App.—Dallas 2017)—The Workers’ Compensation Act preserves the right of a deceased employee’s survivors to sue for wrongful death caused by an employer’s gross negligence. Tex. Lab. Code 408.001(b). This case outlines the standards and means of proof of
Wrongful Death—Gross Negligence—Risk Analysis Read More »
Backpay—Front pay—Mitigation of Damages—Office of the Attorney General of Texas v. Rodriguez, ___ S.W.3d ___, 2017 WL 4586128 (Tex. App.—El Paso 2017)—The employer argued that the plaintiff in this Whistleblower Act case failed to mitigate her damages for purposes of front pay. The court observed that if a plaintiff presents evidence of reasonable efforts to
Backpay—Front pay—Mitigation of Damages Read More »
Civil Service Commissions—Election to Appeal to Hearing Examiner—In re City of Beaumont, 2017 WL 5179785 (Tex. App.—Beaumont 2017) (not for publication)—A suspended firefighter or police officer can choose between appealing to the local civil service commission or to an independent third-party hearing examiner. Tex. Loc. Gov’t Code §§ 143.053, 143.057(a). In this case, the firefighter
Civil Service Commissions—Election to Appeal to Hearing Examiner Read More »