Discrimination, Employment Law, Litigation, Retaliation

When alleged harasser was placed on restrictions, then restrictions were removed five months later, the fact the employer believed it did not have time to respond to subsequent complaint is irrelevant says El Paso Court of Appeals

  County of El Paso, Texas v. Monique Aguilar, 08-19-00082-CV, (Tex. App – El Paso, March 18, 2020) This is a gender discrimination/hostile work environment case where the El Paso Court of Appeals reversed-in-part and affirmed-in-part the denial of the County’s plea
Read More

Employment Law, Whistleblower

Nurse who reported believed violation of overtime restrictions to legal department deemed not to have reported to proper agency under Whistleblower Act

Erin Reding v. Lubbock County Hospital District d/b/a University Medical Center, 07-18-00313-CV, (Tex. App – Amarillo, March 18, 2020) This is a Texas Whistleblower Act case where the Amarillo Court of Appeals affirmed the granting of the hospital district’s plea to the
Read More

Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Trial court’s denial of plea after evidentiary hearing was proper given the trial court decides disputed facts unrelated to merits of underlying claims

City of San Antonio v. Pedro J. Arciniega, 04-19-00467-CV, (Tex. App – San Antonio, Jan 15, 2020) This is an employment discrimination case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. Arciniega sued
Read More

Agency, Civil Service/Collective Bargaining, Contracts, Employment Law

City allowed to appeal civil service order since hearing examiner performed her own Internet search on medication side-effects

City of Fort Worth v. Shea O’Neill, 02-18-00131-CV (Tex. App. – Fort Worth, Jan. 23, 2020). The Fort Worth Court of Appeals reversed-in-part and affirmed-in-part a trial court order regarding whether the court had jurisdiction over an appeal from a hearing examiner’s
Read More

Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Retaliation, Sec. 1983

Supervisor entitled to qualified immunity as to one suspended employees 1st Amendment claim but not the other

Benfield v. Magee, 18-30932, (U.S. 5th Cir. December 17, 2019) This is a First Amendment in employment action where the U.S. 5th Circuit reversed the denial of the individual supervisor’s qualified immunity defense and dismissed the claims as to one employee, but
Read More

Discrimination, Employment Law, Litigation, Procedure, Retaliation

Former Employee Failed to Brief and ID Records Establishing Causation or Pretext in Employment Case

Orlando Toldson v. Denton Independent School District, 02-18-00394-CV (Tex. App. – Fort Worth, Nov. 21, 2019) This is a sexual harassment/retaliation claim where the Fort Worth Court of Appeals affirmed the employer’s motion for summary judgment. Toldson worked for Denton Independent School
Read More

Constitutional Challenge, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Procedure, Retaliation, Sovereign Immunity

Firefighter’s claims against City dismissed since no adverse employment actions occurred; only minor internal decisions

Billy Fratus v. The City of Beaumont, 09-18-00294-CV (Tex. App. – Beaumont, Oct. 10, 2019). This is an employment discrimination/retaliation/firefighter case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Fratus was a firefighter who
Read More

Agency, Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, TOMA

Beaumont Court of Appeals holds firefighter’s last-chance agreement in collective bargaining city deprived trial court of jurisdiction to hear appeal of indefinite suspension

  Michael Scott Nix v. City of Beaumont, 09-18-00407-CV (Tex. App. -Beaumont – Oct. 3, 2019)\ This is an interlocutory appeal in a firefighter suspension case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
Read More