News & Insights

Wrongful Termination, Workers' Compensation and Work Injuries

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

Can you sue your supervisor or the employee who is discriminating against you or just your employer?

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

What are the damage caps for employment discrimination cases and how do they apply?

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

Emotional distress claim can be brought after employer retaliation against an employee who filed a claim for lost wages

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

How much time between the retaliatory act (discipline or termination) and complaint of discrimination is too much to support a claim of retaliation.

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

Texas Supreme Court rules that employee who counseled and admonished a manager to stop asking female employees out to lunch could be fired because the employee was not opposing sexual harassment because no reasonable person would think that.

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

To have a valid case of retaliation an employee must let their employer know that they are complaining abcout discrimination or opposing an illegal discrimination. What words do you have to use?

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

The law requires an employer to accommodate an employee’s religious practice unless accommodation would cause an “undue hardship,” . The Courts have interpreted that to mean that almost any hardship will justify an employers refusal to accommodate.

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

In a discrimination case an employer can sometimes avoid liability if it takes action to protect the employee and stop the harassment. However the employer must do diligently and in a expedient manner.

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

Even if your company violates their own policies and procedures that does not mean they are liable for wrongful termination.

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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