Texas Employment and Labor Law Decisions

Labor and Employment Law Cases

Davis v. Fisk Electric Co. (Tex.App.- Houston [14th Dist.] Jan 12, 2006)(Yates)
[employment, wrongful termination suit, race]
AFFIRMED: Opinion by Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-04-00790-CV        Donald Davis v. Fisk Electrick Company, Fisk Technologies & Fisk Management Inc.
Appeal from 269th District Court of Harris County
Trial Court Judge: John Thomas Wooldridge

Davis v. Fisk Electric Co. (Tex.App.- Houston [14th Dist.] Jan 12, 2006)(Yates)
AFFIRMED: Opinion by Justice Brock Yates
[wrongful termination, race]
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-04-00790-CV        Donald Davis v. Fisk Electrick Company, Fisk Technologies & Fisk Management Inc.
Appeal from 269th District Court of Harris County

Hull v. TWC (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Anderson)(judicial review of TWC ruling)
[payday law claim, election of remedies, judicial review of administrative determination by TWC,
exhaustion of remedies, untimely administrative request for rehearing, jurisdiction DWOJ by trial court]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-00785-CV Donald Wayne Hull v. Texas Workforce Commission
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd)
Concurring Opinion by Justice Frost

De Leon v. Tesco Corp (Tex.App.- Houston [14th Dist.] Nov. 16, 2006)(Edelman)
[employment law, alleged breach of release, subsequent suit, Mexican suit, declaratory judgment, UDJA attorney fee award upheld, declaratory
judgment claim not barred by breach of contract claim in same suit or by suit in Mexican court]

Baldree v. West Houston Subaru (Tex.App.- Houston [1st. Dist.] Nov. 16, 2006)(Alcala)
[employment law, sexual harassment, TCHRA, special exceptions)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00012-CV Dianne Luttrell Baldree and Joann Douglas v. West Houston Subaru, Inc.
Appeal from 280th District Court of Harris County (Hon. Tony Lindsay)

Laneisha Davis v. Autonation USA Corp. (Tex.App.- Houston [1st. Dist.] Nov. 16, 2006)(Keyes)
[employment law, discrimination, time-barred claim, limitations]
AFFIRM TC JUDGMENT: Justice Keyes
Before Justices Taft, Keyes and Hanks
01-05-00791-CV Laneisha Davis v. Autonation USA Corporation, Autonation USA, Autonation, Inc.,
Autonation USA Corporation d/b/a Mike Hall Chevrolet, Inc., Mike Hall Chevrolet d/b/a Champion Chevrolet
Hwy, 6, Mike Hall Chevrolet, Inc., d/b/a Champion Chevrolet
Appeal from 270th District Court of Harris County (Judge Brent Gamble)

Kelly v. TWC (Tex.App.- Houston [1st Dist.] Dec. 28, 2006)(Radack)
[jurisdiction, suit for judicial review of benefits denial must be timely filed and must name employer]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-05-01109-CV        Lucille R. Kelley v. Texas Workforce Commission, Diane D. Rath, Chair Commissioner, Ron Lehman,
01-05-01110-CV        Lucille R. Kelley v. Texas Workforce Commission, Diane D. Rath, Chair Commissioner, Ron Lehman, Commissioner, Ronald G.
Congleton, Humble ISD, Dr Mary Widmire and Alicia Boston-Mace
Appeal from 80th District Court of Harris County (Judge Kent Sullivan)

Summary Judgment for Employer in Bonus Dispute Affirmed

Lewis v. Vitol, S.A. (Tex.App.–Houston [1st Dist.] June 29, 2006)(Sherry Radack)
[employment law, written contract, oral contract, bonus, at will employment, illusory promise]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Taft and Nuchia
01-05-00367-CV Paul Lewis v. Vitol, S.A.; Vitol, S.A., Inc.; and Miguel Loya
Appeal from 55th District Court of Harris County (The Honorable Jeffrey Vince [Brown?])
Because we have held that there is no evidence of an enforceable contract to pay Lewis a bonus—either written or oral—the trial court properly granted
Vitol’s no-evidence motion for summary judgment.

Also see: Ledig v. Duke Energy (Tex.App.–Houston [1st Dist.] March 24, 2006)(Jennings)
[employment law, dispute, bonus, defamation, and other causes of action, rescission, offset]
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
(Before Justices Nuchia, Jennings and Higley)
01-04-00922-CV Peter J. Ledig v. Duke Energy Corporation and Duke Energy Trading and Marketing, L.L.C.
Appeal from 55th District Court of Harris County

De Leon v. Tesco Corp (Tex.App.- Houston [14th Dist.] Nov. 16, 2006)(Edelman)
[employment law, breach of release, declaratory judgment, Mexican court, choice of law, partial SJ, attorneys fees under UDJA]
AFFIRMED: Justice Edelman
Before Justices Fowler, Edelman and Guzman)
14-04-00513-CV Jose Diaz De Leon v. Tesco Corporation
Appeal from 215th District Court of Harris County (Judge Levi James Benton)

Oct. 13, 2006 -Texas Supreme Court Denies Review in Retaliation Case

Green v. Lowe’s Home Centers, Inc. (Tex.App.–Houston [1st Dist.] July 20, 2006)(by Bland)(pet. denied 10/13/2006)
[Worker’s comp retaliation claim fails for lack of evidence on causality; plaintiff dismissed for alleged violation of company sexual harassment policy,
burden shifting, temporal proximity of protected activity and adverse employment action as evidence, legitimate nondiscriminatory, non retaliatory
explanation of employer action, no bad faith show, no exemplary damages, summary judgment for employer affirmed]
AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland
Before Justices Keyes, Alcala and Bland)
01-05-00937-CV Robert Green v. Lowe's Home Centers, Inc.
Appeal from 127th District Court of Harris County

August 24, 2006 - Summary Judgment For Employer Affirmed in Suit Alleging Infliction of Emotional Distress Brought by
Employee - As Usual

Pinson v. First Fin. Cap. Corp. (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Frost)
[employment law, intentional infliction of emotional distress, IIED, summary judgment for employer affirmed]
AFFIRMED: Opinion by Justice Frost
Before Justices Anderson, Edelman and Frost
14-05-00353-CV Laura M. Pinson v. First Financial Capital Corp.
Appeal from 280th District Court of Harris County (Judge Tony Lindsey)

Suit Over Workplace Safety May Proceed

Rivera v. South Green Lim Partnership (Tex.App.- Houston [14th Dist.] Aug. 24, 2006)(Frost)
[tort law, premises liability, assault on employee at work]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Justices Anderson, Edelman and Frost
14-05-00128-CV Michelle Rivera and Jeff Rivera v. South Green Limited Partnership and Kastle Systems of Texas, L.L.C.--Appeal from 270th District
Court of Harris County (Judge Brent Gamble)
(“This is a premises-liability case in which an employee was assaulted in the workplace. Appellants, the employee and her husband, challenge the trial
court’s summary judgment in favor of the building owner and its security company. We conclude the trial court erred in granting summary judgment in
favor of the building owner, but that it ruled correctly as to the security company. Therefore, we affirm the trial court’s judgment in favor of the security
company, but reverse the trial court’s judgment as to the negligence/premises liability claim against the building owner and remand that claim to the trial
court further proceedings consistent with this opinion.”)

Student's Suit Against State University Over Campus Safety May Not Proceed

Dimas v. The Texas State University System (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Hedges)
[governmental immunity law, civil case, sovereign immunity, TTCA, failure to prevent sexual assault, plea to the jurisdiction affirmed]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00664-CV Marisa Dimas v. The Texas State University System, Et Al

Texas Supreme Court Says Statute Granting Power to "Sue and be Sued" Does Not Waive University's or Cities' Sovereign
Immunity - Lower Courts Bound to Follow New Rule

June 20, 2006 Tooke v. City of Mexia, No. 03-0878 (Tex. 2006)
[city's immunity from breach of contract suit not waived by sue and be sued and plead and be impleaded language; money judgment in favor of
contractor reversed]

Aug 3, 2006 - First Court of Appeals overrules contractor's waiver by sue-and-by-sued provisions in contract dispute, in light of Supreme Court's
sovereign immunity holding in Tooke v. City of Mexia, in breach of contract case against school district, Channelview I SD v. A. R. C. I. Ltd (Tex.App.–
Houston [1st Dist.] 2006)(Opinion by Justice Jane Bland)
Holding: Following the Texas Supreme Court’s holding in Tooke v. City of Mexia—and the court’s application of it to section 11.151(a) in a companion case—we hold that the
“sue and be sued” language in the statute does not waive Channelview’s immunity from suit. Tooke v. City of Mexia, 49 Tex. Sup. Ct. J. 819, 2006 WL 1792223 (Tex. June 30,
2006); Satterfield & Pontikes Constr., Inc. v. Irving Indep. Sch. Dist., 49 Tex. Sup. Ct. J. 861, 2006 WL 1793473 (Tex. June 30, 2006) (per curiam). We therefore reverse the trial
court’s denial of Channelview’s plea to the jurisdiction and remand the cause for further proceedings.

Supreme Court Overturns Rulings Favorable to Houston Firefighter in Two Prior Appeals

April 7, 2006 City of Houston v. Jackson, No. 04-0465 (Tex. 2006)
[fire fighter employment grievance, penalty, plea to the jurisdiction, two appeals in the court of appeals below, law of case doctrine does not preclude Texas Supreme Court from
reviewing issue in first, interlocutory appeal]
04-0465 THE CITY OF HOUSTON v. ROBERT JACKSON; from Harris County; 1st district (01 02 00879 CV, 135 S.W.3d 891, 04 01 04) unopposed motion for leave to file post
submission brief granted
The Court reverses the court of appeals' judgment and dismisses respondent's statutory penalty claim for want of jurisdiction.
Justice O'Neill delivered the opinion of the Court (“Section 143.134(h) of the Texas Local Government Code imposes a $1,000 penalty payable to an aggrieved fire fighter for
each day a department head intentionally fails to implement a decision of the Fire Fighters’ and Police Officers’ Civil Service Commission (the “Commission”) under Section
143.131 or a decision of a hearing examiner under Section 143.129 that has become final. Tex. Loc. Gov’t Code Section 143.134(h). The court of appeals held that the penalty
provision also applies to a grievance examiner’s unappealed recommendation under Section 143.130 of the Code. 135 S.W.3d 891. We hold that, by the provision’s plain
language, it does not. Accordingly, we reverse the court of appeals’ judgment and dismiss Jackson’s statutory penalty claim for want of jurisdiction.”)

Employer's Arbitration Policy Held Enforceable

March 2, 2006 I n re Dillard Department Stores, Inc No. 04-1132 (Tex. March 2, 2006)
From El Paso County; 8th district (08 -04 -00262 -CV, ___ S.W.3d ___, 11-24-04). Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the
Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion

In this original proceeding, relator Dillard Department Stores, Inc. seeks to compel arbitration of a retaliatory discharge claim filed by its former employee. The trial court denied
Dillard’s motion to compel, and the court of appeals rejected Dillard’s petition for writ of mandamus. 153 S.W.3d 145. Because the trial court clearly abused its discretion in
denying the motion to compel arbitration, we conditionally grant Dillard’s petition for writ of mandamus.

Delia Garcia worked as a sales associate at Dillard’s Sunland Park store in El Paso. In August 2000, Dillard adopted an arbitration policy covering most employment disputes,
including retaliatory discharge. In 2002, Garcia was fired six months after requesting workers’ compensation benefits for work-related injuries. Garcia filed the underlying suit for
retaliatory discharge, and Dillard moved to compel arbitration. In response, Garcia alleged that she never agreed to the arbitration policy, and even if she had, the agreement
would be unenforceable because Dillard retained the right to modify the policy at any time, rendering its promise to arbitrate illusory.

The trial court clearly abused its discretion in denying Dillard’’s motion to compel arbitration. Accordingly, without hearing oral argument, we conditionally grant the writ of
mandamus and order the trial court to vacate its order denying Dillard’’s motion to compel arbitration, and to enter a new order compelling arbitration of Garcia’’s claims. Tex. R.
App. P. 52.8(c)

Employment-at-will Doctrine Not Altered By For-cause Provision in Employee Manual

Feb 24, 2006 M atagorda County Hospital District v. Christine Burwel No. 03-0111 (Tex. 2006)
The dispositive issue in this case is whether a statement in a personnel policy manual that “[e]mployees may be dismissed for cause” constitutes an agreement that dismissal
may be only for cause, thereby modifying the at-will employment relationship. The Supreme Court holds it does not and therefore reverse the judgment of the Thirteenth Court of
Appeals, 94 S.W.3d 75
(Tex.App.—Corpus Christi 2002)

Employment at will doctrine: For well over a century, the general rule in this State, as in most American jurisdictions, has been that absent a specific agreement to the contrary,
employment may be terminated by the employer or the employee at will, for good cause, bad cause, or no cause at all. Montgomery County Hospital District v. Brown 965 S.W.
2d 501, 502 (Tex. 1998).

Collective Bargaining

Dallas Area Rapid Transit v. Amalgamated Transit Union Local No. 1338,
No. 05-05-00241-CV (Tex.App.–Dallas, Oct. 14, 2005, pet filed).
[collective bargaining; is state sovereign immunity preempted by federal law?]

Waddell v. City of Sweetwater, (Tex.App.--Eastland 2005)(association has standing to sue on behalf of its members; sue and be sued language waives city's sovereign
immunity)

Whistleblower Act (Tex. Gov't Code Ann. § 554.003 Vernon Supp. 2004-05)

Harris County v. Vernagallo, 181 S.W.3d 17 (Tex.App.--Houston [14th Dist.] 2005)
Dallas County v. Hughes (Tex.App.--Dallas 2006)
Midland Independent School District v. Watle (Tex.App.-Eastland 2006)
City of Houston v. Levingston, (Tex.App.-Houston [1st Dist.] 2006)(animal cruelty report)

Watson v. Houston Indep. School District (HISD) ___ S.W.3d ___ (Tex.App.-Houston [14th Dist.] 2005)
City of Waco v. Lopez, ___ S.W.3d___ (Tex.App.--Waco 2005)(election of remedies, Chp 21)
Dallas County v. Gonzalez, ___ S.W.3d ___ (Tex.App.--Dallas 2005)(requisites, exhaustion)
Montgomery County Hosp. Dist. v. Smith, ___ S.w.3d ___ (Tex.App.--Beaumont 2005)(internal grievance filing requirement)
Texas Dept. of Assistive and Rehabilitative Servs. v. Howard, ___ S.W.3d ___ (Tex.App.--Austin 2005)(what qualifies as a "report" of violation of the law?)

Employment Discrimination (Chapter 21 of Texas Labor Code and federal civil rights laws)

Green v. Lowe’s Home Centers, Inc. (Tex.App.–Houston [1st Dist.] July 20, 2006)(by Bland)(pet. denied 10/13/2006)
[Worker’s comp retaliation claim fails for lack of evidence on causality; plaintiff dismissed for alleged violation of company sexual harassment policy, burden shifting, temporal
proximity of protected activity and adverse employment action as evidence, legitimate nondiscriminatory, non retaliatory explanation of employer action, no bad faith show, no
exemplary damages, summary judgment for employer affirmed]
AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland
Before Justices Keyes, Alcala and Bland)
01-05-00937-CV Robert Green v. Lowe's Home Centers, Inc.
Appeal from 127th District Court of Harris County

White v. Schlumberger (Tex.App.–Houston [1st Dist.] April 13, 2006)
[age and disability discrimination under chapter 21 of the Texas Labor Code, sj, burden shifting, pretext, legitimate nondiscriminatory explanation, fact issue, RIF, elimination of
position].
AFFIRM TC JUDGMENT: Opinion by Justice Timothy Taft
Before Justices Taft, Higley and Bland
01-05-00685-CV Jerry White v. Schlumberger Limited
Appeal from 240th District Court of Fort Bend County (Hon. Thomas R. Culver, III)

Kennedy v. Texas Dept. of Protective and Regulatory Servcs., (Tex.App.--Austin 2005)

Employment Contracts & Termination - Quantum Meruit - Promissory Estoppel

De Leon v. Tesco Corp (Tex.App.- Houston [14th Dist.] Nov. 16, 2006)(Edelman)
[employment law, breach of release, declaratory judgment, Mexican court, choice of law, partial SJ, attorneys fees under UDJA]

Boondoggles Corp. v. Yancey (Tex.App.– Houston [1st Dist.] Aug. 3, 2006)(Radack)
[BoC, employment contract, restaurant manager, modification of contract, contract construction, ambiguous contract, bonus pay, calculation of damages, remittiture]

ASEP v Cole (Tex.App.-Houston [1st Dist.] May 4, 2006)
[Breach of employment contract, attorneys fees challenge failed, fee factors, appellate fee award modified to make it contingent on prevailing party status]
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Keyes and Hanks)
01-03-00816-CV ASEP USA, Inc. v. Michael D. Cole
Appeal from 270th District Court of Harris County (Hon. Brent Gamble)

Ledig v. Duke Energy (Tex.App.–Houston [1st Dist.] March 24, 2006)(by Terry Jennings)
(employment dispute, bonus, defamation, and other causes of action, recission, offset)
01-04-00922-CV Peter J. Ledig v. Duke Energy Corporation and Duke Energy Trading and Marketing, L.L.C.
Appeal from 55th District Court of Harris County

Watson v. Houston Independent School District (HISD) ___ S.W.3d ___ (Tex.App.-Houston [14th Dist.] 2005)(acceptance of benefits under termination clause of employment
contract did not bar administrator from pursuing additional damages and equitable remedies on non-contract causes of actions, i.e. Whistle Blower Act, const. violations,
reinstatement, tortious interference; summary judgment based on affirmative defense of waiver, mootness, reversed)

In re Dillard Dept. Stores, Inc. (Tex. 2006)(acceptance of arbitration policy by continued employment)
Stansell v. Dallas Indep. Sch. Dist., (Tex.App.--Dallas 2006)(teacher nonrenewal, for cause termination, notice)
Beverick v. Koch Power, Inc., ___ S.W.3d___ (Tex.App.--Houston [1st Dist.] 2005)
Gorbet v. Northwo o d Lincoln-Mercury (Tex.App.--Houston [14th Dist.] 2005)(termination for cause, fighting)
Timmons v. Scarbrough, Medlin & Assocs., Inc., (Tex.App.--Dallas 2005)
Texas Dept. of Transp. v. Needham, 82 S.W3d 314 (Tex. 2002)

Unemployment Compensation and FLSA, Payday Act Claims

Hull v. TWC (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Anderson)
[payday law claim, election of remedies, judicial review of administrative determination by TWC, exhaustion of remedies, untimely administrative request for rehearing, DWOJ]
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-00785-CV Donald Wayne Hull v. Texas Workforce Commission
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd)
Concurring Opinion by Justice Frost

Piazza v. Cinemark, USA, Inc., ___ S.W.3d. ___ (Tex.App.--Eastland 2005)

Worker's Compensation & Retaliation

Green v. Lowe’s Home Centers, Inc. (Tex.App.–Houston [1st Dist.] July 20, 2006)(by Jane Nenninger Bland)
[Worker’s comp retaliation claim fails for lack of evidence on causality; plaintiff dismissed for alleged violation of company sexual harassment policy, burden shifting, temporal
proximity of protected activity and adverse employment action as evidence, legitimate nondiscriminatory, non retaliatory explanation of employer action, no bad faith show, no
exemplary damages, summary judgment for employer affirmed]
AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Keyes, Alcala and Bland)
01-05-00937-CV Robert Green v. Lowe's Home Centers, Inc.- Appeal from 127th District Court of Harris County

Celanese Ltd. v. Skrabanek (Tex.App.--Corpus Christi 2005)(punitive damages)
Luna v. Gunter Honey, Inc., (Tex.App.--Beaumont 2005)(single employer doctrine)
Morales v. Martin Resources, Inc. ___ S.W.3d ___ (Tex.App.--Eastland 2005)(exclusive remedy)
Sanchez v. Marine Sports, Inc., (Tex.App.--Houston [14th Dist.] 2005)(nonsubscriber, common law tort liability for negligence, not non-fault, must prove breach of duty and
causation)
Jea v. Cho, ___ S.W.3d ___ (Tex.App.--Houston [14th Dist.] 2005)(nonsubscriber, third party liability)

Torts, Tort Causes of Action

Richard Rosen, Inc. v. Mendivil, ___ S.W.3d ___ (Tex.App.--El Paso 2005)

Arbitration

In Re Dillard Dept. Stores, Inc. (Tex. 2006)(per curiam)
In re Autotainment Partners Ltd. Partnership (Tex.App.--Houston [14th Dist.] 2006)
Wachovia Securities, LLC v. Emery, ___ S.W.3d ___ (Tex.App.--Houston [1st Dist.] 2005)

Covenants Not to Compete

Autonation, Inc. v. Hatfield, ___ S.W.3d ___ (Tex.App.--Houston [14th Dist.] 2005)(forum)

Sovereign Immunity

Channelview I SD v. A. R. C. I. Ltd (Tex.App.– Houston [1st Dist.] 2006)(Opinion by Justice Jane Bland)

County of Galveston v. Tolle, 176 S.W.3d 859 (Tex.App.--Houston [1st Dist.] 2005)(BoC, UDJA)
City of Dallas v. Saucedo-Falls, 172 S.W.3d 703 (Tex.App.--Dallas 2005)(waiver by counterclaim)

Wilson v. Harris County Water (Tex.App.–Houston [14th Dist.] March 28, 2006)(Seymore)
[TTCA, dismissal affirmed for want of jurisdiction, employee dismissed too b/c governmental unit dismissed]

Davis v. Fisk Electric Co. (Tex.App.- Houston [14th Dist.] Jan 12, 2006)(Yates)
AFFIRMED: Opinion by Justice Brock Yates
[wrongful termination, race]
(Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-04-00790-CV        Donald Davis v. Fisk Electrick Company, Fisk Technologies & Fisk Management Inc.
Appeal from 269th District Court of Harris County

College and Universities: Students

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