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Category: Employment Law

Declaratory Judgments, Employment Law

Officer wins F-5 challenge in Third Court of Appeals.

June 23, 2013rhenry12598Leave a comment

City of Rice, Texas v. Texas Commission on Law Enforcement Officer Standards and Education, No. 03-10-00407-CV (Tex. App – Austin June 21, 2013). This is an F-5 police officer termination case. Officer McMahan was terminated from the City’s PD and the F-5
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Employment Law, Sovereign Immunity, Whistleblower

Tex. Supreme Court interprets Whistleblower Act definition of “law” including “rule adopted under a statute or ordinance.”

June 16, 2013rhenry12598Leave a comment

University of Houston v Barth, NO. 12-0358 (Tex. June 14, 2013) This is a Texas Whistleblower case where the Texas Supreme Court, for the first time, interpreted part of the Act noting that a “law” includes a “rule adopted under a statute
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Employment Law

Volunteer not entitled to Title VII protection says Fifth Circuit.

June 13, 2013rhenry12598Leave a comment

Juino v. Livingston Parish Fire District No. 5,  No. 12-30274 (5th Cir. May 30, 2013). This is a Title VII case of first impression for the Fifth Circuit Court of Appeals where the trial court ruled a volunteer firefighter was not an
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Employment Law

Terminating an employee for use of a breast pump violates Title VII says 5th Circuit Court of Appeals.

June 6, 2013rhenry12598Leave a comment

Employment Opportunity Commission v. Houston Funding II Ltd, et al., No. 12-20220 (5th Cir. May 30, 2013). This is a sex discrimination case under Title VII in which the EEOC was a party. The essential holding is that an employer cannot discriminate
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Employment Law

Female officer’s retaliation and discrimination claims permitted to go forward against Louisiana State University.

June 1, 2013rhenry12598Leave a comment

Haire v. Louisiana State University Agricultural and Mechanical College,  No. 12-30290 (5th Cir. May 21, 2013) This is a gender discrimination case where Haire was a female major at the Louisiana State University (“LSU”) police department and alleges she was not promoted
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Employment Law, Whistleblower

PD Commander’s Whistleblower Act claim revitalized by 14th Court of Appeals.

May 22, 2013rhenry12598Leave a comment

  Gray v City of Galveston, NO. 14-12-00183-CV, (Tex. App. Houston [14th Dist.] May 21, 2013). This is a Texas Whistleblower Act case, where a police lieutenant in Galveston alleges he was retaliated against for reporting the Chief of Police to the
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Employment Law, Litigation

Trial court without jurisdiction over hearing examiner under CBA

May 1, 2013rhenry12598Leave a comment

City of Beaumont v Beaumont Professional Firefighters Local 399, NO. 14-12-00059-CV (Tex. App. – Houston [14th Dist.] April 30, 2013) This is related to an appeal from a hearing examiner’s award in which the trial court determined it did not have jurisdiction
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Sovereign Immunity

Professor loses in federal court due to pleading deficencies

May 1, 2013rhenry12598Leave a comment

Raj v Louisiana State University, et al, No. 12-30225, (5th Cir. April 19, 2013). Rai was a professor of biochemistry and obstetrics and gynecology at Louisiana State University (“LSU”) and brought claims for discrimination based on his race, religion, national origin, age,
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Employment Law

Shift swaps not necessarily “reasonable accommodation” for religious conflicts in schedule

April 25, 2013rhenry12598Leave a comment

Antoine v. First Student, Inc., No. 11-31126, 2013 WL 1457528, 2013 U.S. App. LEXIS 7273 (5th Cir. Apr. 10, 2013). This is a religious accommodation case. Antoine was a bus driver for First Student operating for the Orleans Parish. Antoine never experienced
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Employment Law

[Appellate Update] Tx Sup. Ct holds no right to union rep during internal interview of firefighter

April 6, 2013rhenry12598Leave a comment

THE CITY OF ROUND ROCK v. RODRIGUEZ; No. 10-0666, (Tex. April 5, 2013) In a 6-3 decision, the Court holds that unionized Texas public-sector workers do not have the right to have union representation during an internal investigation interview. In 2008 the
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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