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Category: Employment Law

Employment Law, Litigation

“Mailbox Rule” does not apply to TWC right-to-sue deadline.

April 6, 2013rhenry12598Leave a comment

Gutierrez v B&B Landfill, NO. 10-12-00219-CV, (Tex. Civ. App. – Waco, April 4, 2013). This is an employment discrimination lawsuit where the Tenth District Court of Appeals held the Plaintiff failed to timely file his petition after receiving his right-to-sue letter.  The
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Employment Law, Whistleblower

Texas Supreme Ct. Holds Whistlblowers’ Reports to Supervisors Insufficent

February 22, 2013rhenry12598Leave a comment

UT South Western v Gentilello, NO. 10-0582, ____S.W.3d____ (Tex.  February 22, 2013) This is a Texas Whistleblower Act case where the question is whether or not the report of alleged illegal activity to a supervisor who has the ability to refer violations
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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
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
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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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