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Category: Employment Law

Discrimination, Employment Law, Litigation

Findings of Fact means MSJ order improper and EEOC piggybacking allowed says Eastland Court of Appeals

January 2, 2014rhenry12598Leave a comment

  Jimmy Wilsher, et al  v. City of Abilene, 11-11-00355-CV (Tex. App. – Eastland, December 31, 2013) This is an age discrimination case brought by former City employees. The trial court dismissed all claims but the Eastland Court of Appeals reversed and
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Discrimination, Employment Law

Directed verdict proper in Ex-TxDOT employee’s age and national origin case

December 19, 2013rhenry12598Leave a comment

Moreno v. Texas Department of Transportation, 08-12-00078-CV (Tex. App. – El Paso, December 18, 2013). In this wrongful-termination action, Moreno appeals the trial court’s directed take-nothing judgment in favor of the Texas Department of Transportation (TxDOT).  The Eighth Court of Appeals affirmed.
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ADA, Discrimination, Employment Law, FMLA, Retaliation, Worker's Comp

Injured worker’s claims get partially revived by 4th Court of Appeals.

December 18, 2013rhenry12598Leave a comment

  Jose Luis Pena v. County of Starr, 04-12-00462-CV (Tex. App. – San Antonio, December 18, 2013). This is an appeal from the granting of a summary judgment in an employment case involving disability, discrimination, retaliation, and FMLA claims which the 4th
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Employment Law, Whistleblower

Texas Supreme Court holds internal asbestos complaint was insufficient under Whistleblower Act.

December 13, 2013rhenry12598Leave a comment

  YSLETA INDEPENDENT SCHOOL DISTRICT v. MARCELINO FRANCO, 13-0072 (Tex. December 13, 2013). This is a Whistleblower case where the Court continued its recent set of holdings that “reports” to internal personnel who only have the authority to monitor compliance within the
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Constitutional Challenge, Employment Law, Religious Freedom

Federal employee can potentially wear sword to work as religious symbol says 5th Circuit.

November 26, 2013rhenry12598Leave a comment

Tagore v. United States of America No. 12-20214 (5th Cir. November 13, 2013). This is a religious freedom case which, even though the case deals with federal agency compliance, the analysis is helpful for local government RLUIPA and TxRFRA land use matters.
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Civil Service/Collective Bargaining, Employment Law

Police testing applicant did not violate policy by scribbling on post-it note says 4th Court.

November 20, 2013rhenry12598Leave a comment

  City of San Antonio, Texas v. Joseph Salvaggio, 04-13-00172-CV (Tex. App. – San Antonio, November 20, 2013). This is a hearing examiner case where the City of San Antonio appeals the trial court’s summary judgment in favor of Police Lieutenant Salvaggio
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Civil Service/Collective Bargaining, Employment Law

10 day deadline in Civil Service does not mean 240 hour deadline says 4th Court

November 20, 2013rhenry12598Leave a comment

Officer Robin Talley v. The City of Killeen, 03-09-00736-CV (Tex. App. –  Austin, November 20, 2013). This is a civil service case where the San Antonio Court of Appeals was asked to determine if Killeen’s Rule .053(B)(1), providing that a disciplinary appeal
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ADA, Employment Law, Litigation

Burden of establishing disability still remains after ADA amendments says 5th Circuit.

November 15, 2013rhenry12598Leave a comment

  Neely v. PSEG Texas, Limited Partnership No. 12-51074 (5th Cir. November 6, 2013) This is an ADA case where the 5th Circuit Court of Appeals affirmed a trial court order requiring a finding of disability before any causal link can be
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Agency, Civil Service/Collective Bargaining, Employment Law

Reinstatement is not sole remedy for hearing examiner in civil service case

November 15, 2013rhenry12598Leave a comment

  Bracey v. City of Killeen, 03-12-00199-CV (Tex. App. – Austin November 6, 2013). This is an employment case involving the civil service relationship between police officer and city. The court was asked to decide whether an independent hearing examiner “exceeded her
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Constitutional Challenge, Employment Law, Litigation, Sec. 1983, Whistleblower

Whistleblower jury award upheld by 14th Court of Appeals

October 31, 2013rhenry12598Leave a comment

Alief Independent School District, Dan Turner and Henry Bonaparte v. Troy Perry, 14-12-00532-CV (Tex. App. – Houston [14th Dist.] October 31, 2013). This is a Texas Whistleblower Act suit where Plaintiff Perry was a “gang officer” for Alief ISD police force. Perry
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Recent Posts

  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call
  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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