RETALIATORY DISCHARGE CLAIMS | RETALIATION BY PUBLIC EMPLOYERS AGAINST EMPLOYEE |
WHISTLEBLOWER ACT
Retaliatory Dismissal for protected activity
Retaliation for reporting violation of the law (Whistleblower Act Claim/Suit)
Retaliation for Filing Workers Compensation Claim
Complaining, filing grievance, re discriminatory practices under civil rights law, EEO law and policy, TCHRA
CASES
Larsen v. Santa Fe I.S.D. (Tex.App.- Houston [14th Dist.] Jul. 28, 2009)(Boyce)
(public employees, workers compensation retaliation, retaliatory discharge, exhaustion of administrative
remedies not required here)
We hold that Larsen's section 451.001 retaliatory discharge claim does not involve the
"school laws of this state" because (1) his action does not focus on uniquely local
concerns; (2) his action rests on a statute that is wholly independent from the Education
Code; and (3) a school employee is not required to exhaust a school district's
administrative remedies "simply because [he] . . . was employed by a school district."
See id. at 831.
AFFIRMED: Opinion by Justice Boyce
Before Justices Frost, Brown and Boyce
14-07-01038-CV Erik Larsen v. Sante Fe Independent School District
Appeal from 10th District Court of Galveston County
Trial Court Judge: DAVID EDWARD GARNER
No waiver of immunity for workers comp retaliatory discharge cause of action
Alobaidi v. UTHSCH (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(public employment, retaliatory
discharge)
AFFIRMED: Opinion by Justice Frost
Before Justices Anderson, Frost and Mirabal
14-06-00303-CV Josephine S. Alobaidi v. The University of Texas Health Science Center at Houston
Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod)