Constitutional Challenge, Employment Law, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Ultra Vires

Tex. Gov’t Code Chapter 614 complaint procedures do not create a constitutional property interest to employment says U.S. 5th Circuit.

Stem v. Gomez No. 15-50264 (5th Cir. February 8, 2016) This is an appeal from a dismissal for failure to state a claim where the United States 5th Circuit Court of Appeals reversed in part and affirmed in part a constitutional claim
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Employment Law, Whistleblower

Former IT employee’s termination for performance problems was not disciplinary matter, so employee had to follow grievance procedure before suing under Whistleblower Act

Wilfrido Mata v. Harris County, Texas, 14-14-00363-CV (Tex. App. – Houston [14th Dist.], February 18, 2016) This is a Texas Whistleblower Act case where the 14th Court of Appeals affirmed the granting of a plea to the jurisdiction based on the Plaintiff’s
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

Plea was properly denied due to need to develop record; further split in courts of appeal regarding jurisdictional nature of SOL continues

Beaumont Independent School District v. George W. Thomas Jr. 09-15-00029-CV (Tex. App. – Beaumont, January 28, 2016). This is a Texas Whistle Blower Act case where the Ninth Court of Appeals affirmed in part and reversed in part the denial of a
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Discrimination, Employment Law

Plaintiff’s disability discrimination claim dismissed because he presented insufficient evidence of a causal connection between the disability and reasons for termination

Dallas County Schools v. Paul Green 05-14-00432-CV (Tex. App. —  Dallas, January 19, 2016) This is a disability discrimination case under the Texas Commission on Human Rights Act (“TCHRA”) where the court of appeals reversed a trial court judgment holding the evidence
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Constitutional Challenge, Declaratory Judgments, Employment Law, Whistleblower

14th Court of Appeals holds claims for attorney’s fees can save a declaratory judgment claim from mootness.

Vicki Ward v. Lamar University, Texas State University System and James Simmons 14-14-00097-CV (Tex. App. Houston [14th Dist.], January 12, 2016) This is a Texas Whistleblower case. The panel previously issued an opinion (summary found here), but after a motion for rehearing,
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Constitutional Challenge, Discrimination, Employment Law, Religious Freedom

Policy against preaching Christian beliefs in class is not evidence of religious discrimination says Austin Court of Appeals

Dr. James Jones v. Angelo State University, 03-14-00112-CV (Tex. App. – Austin, December 18, 2015). This is a religious discrimination/failure-to-accommodate in employment dispute where the Austin Court of Appeals affirmed in part and reversed in part the granting of the summary judgment
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Agency, Employment Law, TOMA

Teacher lacked “public standing” to challenge Open Meetings Act violation since he had individualized injury says Dallas Court of Appeals

Dallas Independent School District and Michael L. Williams, Commissioner of Education v. Adrian Peters, 05-14-00759-CV (Tex. App. – Dallas, December 14, 2015). This is essentially a Texas Open Meetings Act (“TOMA”) case even though it has administrative law undercurrents. The Dallas Independent
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Contracts, Employment Law, Sovereign Immunity

Employee’s failure to provide benefits claims under self-insurance fund dismissed since Plan documents did not contain essential terms of agreement sufficient to waive immunity

The United Healthcare Choice Plus Plan for City of Austin Employees and The City of Austin v. Charles Lesniak, 03-15-00309-CV (Tex. App. – Austin, December 1, 2015) This is an interlocutory appeal from the denial of a plea to the jurisdiction which
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