Employment Law – Law Office Of Ryan Henry

March 2, 2023Constitutional Challenge, Employment Law, Procedure

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process.

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of […]

January 26, 2023Declaratory Judgments, Employment Law, Injunction, Litigation

13th Court of Appeals holds former municipal court judge failed to establish right to injunction to prevent his removal

Phil Bellamy v. The City of Brownsville, et al, 13-22-00087-CV (Tex. App. – Corpus Christi, January 26, 2023) This is an interlocutory […]

August 29, 2022Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Employment Law, Litigation, Sovereign Immunity

Fourth Court of Appeals holds civil service employee established jurisdiction for denial of due process claim

City of Laredo and City of Laredo Municipal Civil Service Commission v. Tony H. Moreno, 04-21-00413-CV, (Tex. App – San Antonio, Aug. […]

June 16, 2022Employment Law, Whistleblower

Texas Supreme Court holds demoted officers failed to submit proper Whistleblower report

City of Fort Worth v Abdul Pridgen and Vance Keyes, No. 20-0700 (Tex. May 27, 2022) In this Whistleblower lawsuit, the Texas […]

February 4, 2022Agency, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Fort Worth Court of Appeals affirms trial court’s authority under Civil Service Act to vacate a hearing examiner award, remand for a rehearing, and require a separate hearing examiner

Shea O’Neill v. City of Fort Worth, 02-21-00214-CV (Tex. App. – Fort Worth, Feb 3, 2022) This is a civil service case […]

February 3, 2022Agency, Civil Service/Collective Bargaining, Employment Law, Litigation

Beaumont Court of Appeals reinstates arbitrator award for City in civil service termination.

City of Beaumont, Texas v. James Mathews, 09-20-00053-CV (Tex. App. – Beaumont, Feb. 3, 2022) This is a civil service/collective bargaining/arbitrator […]

January 4, 2022ADA, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction.

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea […]

November 28, 2021Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) […]

November 10, 2021Discrimination, Employment Law, Litigation, Procedure

Notice of a termination is the date on which the 180-day clock starts for claims of employment discrimination under state law regardless of internal appeals of the termination.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Monte Alto I.S.D. v. Patricia Orozco, No. 13-21-00136-CV (Tex. App.—Corpus Christi Nov. […]

October 18, 2021Discrimination, Employment Law, Litigation, Procedure

Tyler Court of Appeals holds EEOC complainant’s deadline to file suit begins to run when his complaint is received by the EEOC, not when the appeal is perfected

Gunter P. Coffey v. Texas Parks and Wildlife Department, 12-21-00015-CV, (Tex. App – Tyler, Oct. 6, 2021) This is an employment […]