News & Insights

Wrongful Termination, Workers' Compensation and Work Injuries
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
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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
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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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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...
Mar 01, 2017 Mr. Roger Davie 3 min read
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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 compen...
Feb 22, 2017 Mr. Roger Davie 3 min read
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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 emo...
Feb 19, 2017 Mr. Roger Davie 4 min read
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How much time between the retaliatory act (discipline or termination) and complaint of discrimination is too much to support a claim of retaliation. In Texas Parks and Wildlife Dep’t ...
Feb 15, 2017 Mr. Roger Davie 2 min read
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In San Antonio Water System v. Nicholas, 461 S.W.3d 131 (Tex. 2015), the Texas Supreme Court overruled a jury verdict and held that an employee who admonished a manager for repeatedly as...
Feb 08, 2017 Mr. Roger Davie 2 min read
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To gain protection from retaliation under the opposition to discrimination clause of Title VII (Federal Law) or Chapter 21(State Law), an employee must have opposed conduct made unlawful...
Feb 01, 2017 Mr. Roger Davie 2 min read
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Both State and Federal laws require an employer to accommodate an employee’s religious practice unless accommodation would cause an “undue hardship,” .  The Courts have&nb...
Jan 25, 2017 Mr. Roger Davie 3 min read
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In a discrimination case an employer can avoid liability for harassment by showing that it took proper and reasonable remedial action in response to an employee’s complaint about se...
Jan 18, 2017 Mr. Roger Davie 2 min read
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In Houston Methodist San Jacinto Hospital v. Ford, 483 S.W.3d 588 (Tex. App.—Houston [14th Dist.] 2015),  the employee claimed that she was being sexually harassed.  Unde...
Jan 11, 2017 Mr. Roger Davie 2 min read
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