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Wrongful Termination, Workers' Compensation and Work Injuries

Age discrimination is the most insidious discrimination.

Age discrimination is the most insidious discrimination. A recent government study shows that old workers are systematically discriminated against in employment. Older women received th...

• Oct 26, 2017 • Mr. Roger Davie • • 1 min read

So you have been given a bad job reference by your ex-employer. Can you sue for defamation (libel/slander)?

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 refer...

• May 10, 2017 • Mr. Roger Davie • • 2 min read

If you are fired and you have unpaid commission can you still receive the commission or is it contingent on being employed?

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 ow...

• May 03, 2017 • Mr. Roger Davie • • 4 min read

If you want to have a valid whistleblower claim you better make sure that your supervisor knows not only that you disagree with the illegal activity but also knows you reported the illegal activity to the appropriate law enforcement agency.

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. htt...

• Apr 26, 2017 • Mr. Roger Davie • • 3 min read

The Courts hold that you must file a whistleblower claim within 90 days of the retaliation and you must file a grievance (even if there is not one or it does not apply to you) and the 90 days is suspended while the grievance is pending unless it doesn't.

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: (http://roge...

• Apr 19, 2017 • Mr. Roger Davie • • 3 min read

The Courts hold that you must file a whistleblower claim within 90 days of the retaliation and you must file a grievance (even if there is not one or it does not apply to you) and the 90 days is suspended while the grievance is pending unless it doesn't.

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: (http://roge...

• Apr 19, 2017 • Mr. Roger Davie • • 3 min read

Before filing a whistleblower suit, a government employee “must initiate action under the grievance or appeal procedures” of the employer entity. This is true even if the employee is not allowed to file a grievance or one does not exist.

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: http://...

• Apr 12, 2017 • Mr. Roger Davie • • 3 min read

Before a a government employee can sue under the Texas Whistleblower Act they must have suffered an adverse employment action.

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: (http://roge...

• Apr 05, 2017 • Mr. Roger Davie • • 2 min read

Whistleblowing is not protected by the Whistleblower Act unless a whistleblower’s report is to an “appropriate law enforcement authority.

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 ...

• Mar 29, 2017 • Mr. Roger Davie • • 4 min read

You can sue your employer if you are fired for refusing to do an illegal act, the reason for your termination must be only the refusal to do an illegal act an no other reason. This is known as sole cause.

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...

• Mar 22, 2017 • Mr. Roger Davie • • 2 min read

Can you sue your employer for refusing to do an illegal act even if there is a specific anti-retaliation federal statute? The answer seems to be yes. A good day for truck drivers in Texas.

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...

• Mar 15, 2017 • Mr. Roger Davie • • 3 min read

Your employer cannot fire you for refusing to do an illegal act, unless you work for the government?

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 (T...

• Mar 08, 2017 • Mr. Roger Davie • • 3 min read

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