Case: Brown V. State, No. 12-23-00204-CV, 2024 WL 2064096 (Tex. App.—Tyler May 8, 2024) (Mem. Op.)
If you think your employer is retaliating or discriminating against you, our New Mexico workplace retaliation lawyer is available for a free consultation to discuss your situation.
The Short Story
A public employee alleged the agency retaliated by refusing to let her use accrued paid time off. She also claimed the agency negligently mishandled her job paperwork.
What The Court Decided
The court said blocking use of already-earned PTO was not an “adverse employment action” for discrimination/retaliation. On the negligence claim, the court held that mishandled paperwork didn’t fit the narrow Texas Tort Claims Act waiver for “use” of tangible property.
What This Means For Texas Employees
A PTO denial alone may not support a discrimination or retaliation claim. Look for other harms (lost pay, demotion, damaging write-ups) and document them. If paperwork is botched, claims against public employers are limited—talk to a lawyer quickly about the right path.
If you are having issues with your employer, have been injured on the job, wrongfully terminated, feel harassed, or that you are working in a hostile work environment, Davie & Valdez P.C. is here to help. We work on a contingency basis. Reach out to us today for a free consultation.