Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Procedure, Ultra Vires

Trial court had jurisdiction to determine if certain jobs should be classified as civil service, but not to award backpay

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-17-00120-CV (Tex. App. Amarillo — March 21, 2018) This is a civil service lawsuit where the Amarillo Court of Appeals reversed-in-part the denial of the City’s plea to
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Constitutional Challenge, Employment Law, Litigation, Procedure

Since University policies did not address non-tenured professor’s situation, she was deemed an “at-will” employee with no entitlement to due process

Lawrence Schovanec, as President of Texas Tech University, and Texas Tech University v. Fariba Assadi-Porter, 07-17-00426-CV (Tex. App. – Amarillo, March 20, 2018) This is a due process in employment case where the Amarillo Court of Appeals reversed the denial of the
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Agency, Discrimination, Employment Law, Litigation, Procedure, Retaliation

14th Court of Appeals holds employee does not have to file TWC charge of retaliation if the employee asserts retaliation for filing discrimination charge

Metropolitan Transit Authority of Harris County, Texas v. Viola M. Douglas 14-17-00176-CV (Tex. App— Houston [14th Dist.] February 27, 2018) This is an employment discrimination and retaliation case where the 14th District Court of Appeals affirmed the denial of the employer’s plea
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Employment Law, Whistleblower

Supervisor’s directive that employee “snitch” on anything going wrong is not “criminal activity” under the Texas Whistleblower Act

Metropolitan Transit Authority of Harris County, Texas v. Ronald Williams 01-17-00724-CV (Tex. App—Houston, January 25, 2018) This is a Texas Whistleblower Act suit where the First District Court of Appeals in Houston reversed the denial of the employer’s plea to the jurisdiction
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Employment Law, Whistleblower

Dallas Court of Appeals holds ex-police officer failed to establish his termination was in retaliation for whistleblower report of “pronoun confusion” in PD assault report

Michael Hackbarth v. University of Texas at Dallas  05-16-01250-CV (Tex. App— Dallas, January 4, 2018) This is a Texas Whistleblower Act case where the Dallas Court of Appeals affirmed the trial court’s granting of the University’s motion for summary judgment. Hackbarth was
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Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed in a
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

Austin Court of Appeals holds ex-professor properly alleged disability and age discrimination claim even where there is no legal obligation to renew a term contract

  Texas State University v. Dr. Kathleen Quinn 03-16-00548-CV (Tex.App—— Austin, Texas November 29,2017) This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment-discrimination dispute where the Austin Court of Appeals affirmed the denial. Quinn
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Declaratory Judgments, Employment Law, Sovereign Immunity, TOMA, Whistleblower

TOMA posting inside City Hall with a “cancelled” stamp on an agenda controlled, regardless of other agendas says 13th Court of Appeals

City of Donna, Texas, David Simmons, Jose Garza, Simon Sauceda, Irene Munoz and Sonia Gallegos v. Oscar Ramirez 13-16-00619-CV (Tex.App— Corpus Christi, November 9, 2017) This is a Texas Whistleblower Act case where the Corpus Christi Court of Appeals affirmed the denial
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