Employment Law – Page 2 – Law Office Of Ryan Henry

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 […]

August 8, 2021Contracts, Employment Law, Litigation, Procedure, Sovereign Immunity

Since City’s plea to the jurisdiction only challenged non-jurisdictional facts, plea was property denied in breach of contract suit

City of Del Rio v. Henry Arredondo, 04-20-00409-CV, (Tex. App – San Antonio, August 4, 2021) This is a breach of […]

August 5, 2021Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Ultra Vires

San Antonio Court of Appeals held City park and airport police could proceed with declaratory claims to establish collective bargaining rights

City of San Antonio and Erik Walsh, in his Official Capacity v. San Antonio Park Police Officers Association, et al, 04-20-00213-CV, (Tex. […]

July 13, 2021Discrimination, Employment Law, Whistleblower

Evidence that a decisionmaker knew about the report of illegal activity is required to prove a Whistleblower retaliation claim.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Houston Community College v. Sabrina Lewis, No. 01-19-00626-CV (Tex. App.—Houston [1st Dist.], […]

March 23, 2021Constitutional Challenge, Discrimination, Employment Law, Litigation, Retaliation, Sec. 1983

U.S. Fifth Circuit holds former police officer failed to establish same-sex sexual harassment by supervisor even under recent Bostock decision

Brandy Newbury v City of Windcrest, Texas, 20-50067 (5th Cir. March 22, 2021) This is an employment discrimination case where the U.S. […]

February 25, 2021Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Sovereign Immunity

13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach

Edinburg Housing Authority, Dr. Martin Castillo, Gabriel Salinas, Simon Garza, Marissa Chavana, and Juan Guzman v. Rodolfo Ramirez, 13-19-00269-CV, (Tex. App – […]

February 19, 2021Discrimination, Employment Law, Sovereign Immunity

An employer cannot discriminate against an individual based on their intent to become pregnant

Special contributing author Laura Mueller, City Attorney for Dripping Springs South Texas College v. Arriola, No. 12-19-00222-CV (Tex. App.—Corpus Christi Feb, 2021). […]

February 10, 2021Employment Law, Litigation, Procedure

Plaintiff must prove the TWC’s decision is unreasonable, arbitrary, and capricious to overturn a denial of unemployment benefits.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Van Deelen v. Tex. Workforce Comm’n, No. 14-18-00489-CV (Tex. App.—Houston [14th] […]

January 22, 2021Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

14th Court of Appeals holds ex-employees trigger date to file a charge of discrimination only occurs when employer’s discriminatory animus becomes sufficiently clear and he has suffered a tangible employment action

Metropolitan Transit Authority of Harris County, Texas v. John Carter, 14-19-00422-CV (Tex. App. – Houston [14th Dist.], January 14, 2021) This is […]

November 30, 2020ADA, Employment Law

U.S. 5th Circuit held reasonableness of an ADA accommodation request is normally a fact issue plus alleged discrimination is not enough for discriminatory firing claim under ADA

Jones v. Lubbock County Hosp. Dist., 19-11364, 2020 WL 6787549, at *1 (5th Cir. Nov. 18, 2020) This is an interlocutory appeal […]