• Blog
Viewing 31 - 40 out of 102 posts

El Paso Court of Appeals Upholds Workers Comp Retaliation Verdict Despite the Employer's Reliance on a Cause-Neutral Absence Control Policy

Chapter 451 of the Texas Labor Code prohibits an employer from retaliating or discriminating against an employee who files a workers compensation claim. The key issue in many cases under Read More

Houston Court of Appeals Holds That a Doctor's Employment-Related Claim Is Not a Health Care Liability Claim

Chapter 74 of the Texas Civil Practice and Remedies Code requires the dismissal of a health care liability claim unless the plaintiff files an expert report within 120 days. This Read More

San Antonio Court of Appeals Upholds Causation in a Retaliation Case Despite a Three-Year Time Gap

Unlike ordinary discrimination claims, retaliation claims require "but for" causation: that the retaliatory act would not have occurred but for the plaintiff's protected activity. It is common for plaintiffs to Read More

Austin Court of Appeals Affirms Summary Judgment on Constructive Discharge Claim

When employees quit, rather than being fired, they can still sue for wrongful termination under a constructive discharge theory. However, the legal standard for constructive discharge is high. This is Read More

Dallas Court of Appeals Reverses Retaliation Judgment Due to Deficient Charge of Discrimination

Yet another plaintiff lost his case because of the failure to check the correct box on the charge of discrimination form. In this case, the plaintiff had actually won the Read More

Corpus Christi Court of Appeals Dismisses Claims Due to Deficient Charge of Discrimination

The process of filing a charge of discrimination with the EEOC or TWC is supposed to be simple. However, deficiencies in the charge can be jurisdictionally fatal to a plaintiff's Read More

El Paso Court of Appeals Finds UTEP Subject to Suit for Harassment of a Contractor's Employee

On July 10, 2013, the El Paso Court of Appeals issued its opinion in University of Texas at El Paso v. Ochoa, No. 08-12-00115-CV (Tex. App. -- El Paso 2013) Read More

Dallas Court of Appeals Affirms Award for Employee on TWC Wage Claim

On June 13, 2013, the Dallas Court of Appeals issued its opinion in JMJ Acquisitions Management, LLC v. Peterson, No. 5=12=00263-CV (Tex. App. -- Dallas 2013, no pet.) (now reported Read More

Beaumont Court of Appeals Upholds a Physician Non-Compete

On June 13, 2013, the Beaumont Court of Appeals issued its decision in Sadler Clinic Association v. Hart, No. 09-12-00086-CV (Tex. App. -- Beaumont 2013, pet. denied). This case discussed Read More

Beaumont Court of Appeals Finds a Non-Compete Overbroad When the Employer Failed to Justify the Need for the Restrictions

           On June 13. 2013, the Beaumont Court of Appeals issued its opinion in Hodgson v. U.S. Money Reserve. Inc., No. 09-13-00074-CV (Tex. App. – Beaumont 2013, no pet.).  This Read More

Viewing 31 - 40 out of 102 posts