law employment (private) | Also see public employment termination | discharge | firing | RIF |
employment at will | breach of employment contract | defamation libel slander | discrimination |
retaliation by employer | IIED | Worker's Compensation Act claims | workplace injury cases |
EMPLOYMENT LAW CASES DECIDED BY TEXAS SUPREME COURT
(Tex. 2008-09)
EMPLOYEE MUST GO TO ARBITRATION EVEN THOUGH EMPLOYER NOT SPECIFICALLY
IDENTIFIED IN ARB AGREEMENT
In Re Macy's Texas, Inc., No. 08-0584 (Tex. Jun. 26, 2009)(per curiam)(arbitration mandamus
granted in employment dispute, injury at work claim)(post-injury waivers)(conclusory affidavit)
IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04-08-00469-CV, ___ SW3d ___,
[per curiam opinion of the San Antonio Court of Appeals denying mandamus relief] 07-23-08)
stay order issued October 10, 2008, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the
Court conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
In Re Next Financial Groups, Inc., No. 08-0192 (Tex. Nov. 14, 2008)(arbitration, employment
dispute arbitrationsecurities broker's Sabine Pilot claim for wrongful termination, whistleblower
claim)
IN RE NEXT FINANCIAL GROUP, INC.; from Harris County; 14th district (14-08-00005-CV, ___
SW3d ___, 03-06-08) stay order issued March 28, 2008, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the
Court conditionally grants the petition for writ of mandamus.
Per Curiam Opinion
Igal. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (subst. op. by Dale
Wainwright) (Employment law, Pay Day Act claim, res judicata, claim preclusion based on
agency ruling)
SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.;
from Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06-30-04)
The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is
substituted. The dissenting opinion by Justice Brister and the judgment, issued December 7,
2007, remain in place.
COURT OF APPEALS CASES IN WHICH PETITION FOR REVIEW WAS
DENIED BY THE TEXAS SUPREME COURT
09-0473
MARGARET VILLARREAL v. DEL MAR COLLEGE; from Nueces County; 13th district (13-07-
00119-CV, ___ SW3d ___, 03-26-09 pet. denied July 2009) (employment law, national origin
discrimination claim, retaliation, definition of adverse employment action, causal nexus element)
(summary judgment for defendant employer affirmed)
09-0353
LATOYA BASEY v. DAVITA, INC., D/B/A TOTAL RENAL CARE, NELDA BOATWRIGHT, AND
FRESENIUS MEDICAL CARE HOLDING, INC., D/B/A FRESENIUS MEDICAL CARE NORTH
AMERICA D/B/A NORTHWEST HOUSTON DIALYSIS, AND BIOMEDICAL APPLICATIONS OF
TEXAS, INC.; from Harris County;
14th district (14-07-00925-CV, ___ SW3d ___, 02-24-09, pet. denied July 2009)
(employment dispute, disability discrimination, retaliation, sj for defendant affirmed)
Autozone, Inc. v. Reyes, No. 07-0773 (Tex. Dec. 5, 2008)(per curiam) (age discrimination suit,
judgment on jury verdict for employee reversed, take-nothing judgment rendered)
AUTOZONE, INC. v. SALVADOR REYES; from Cameron County; 13th district (13-03-00338-CV,
___ SW3d ___, 12-29-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and
without hearing oral argument, the Court reverses the court of appeals' judgment and renders
judgment.
Per Curiam Opinion
09-0287
YIQING FENG v. SABIC AMERICAS, INC.; from Harris County; 14th district
(14-07-00699-CV, ___ SW3d ___, 03-17-09, pet. denied June 2009) (employment-retaliation-
claim-but-for-causal-connection-pretext-protected-activity) (employment law, retaliation) as
redrafted
09-0227
BILL M. RANKIN v. GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS; from
Bowie County; 6th district (06-07-00149-CV, ___ SW3d ___, 12‑10‑08)(employment dispute,
termination, charge of discrimination untimely, had not timely filed his administrative charge of
discrimination).
08-0484
JAMES R. WINN, M.D. v. SPECTRUM PRIMARY CARE, INC.; from Denton County; 2nd district
(02-07-00038-CV, ___ SW3d ___, 04-24-08, pet. denied Aug. 2008) (employment agreement,
notice of termination, bonus, hearsay objection to summary judgment evidence sustained)
08-0461
THOMAS LOUIS v. MOBIL CHEMICAL COMPANY, A DIVISION OF EXXON MOBIL OIL
CORPORATION, JAMES BOWSER AND RANDALL ROY; from Jefferson County; 9th district (09-
06-00568-CV, 254 SW3d 602, 05-01-08, pet denied Aug. 1 2008) (Justice O'Neill not sitting)
(employment law)
After his employment with Mobil Chemical Company ceased, Thomas Louis sued his former
employer and two supervisors, James Bowser and Randall Roy, for intentional infliction of
emotional distress, defamation, and retaliation. The trial court granted summary judgment for all
defendants. The four issues raised by Thomas on appeal contend material fact issues exist as
to each of the claims and that the trial court erred in granting summary judgment. We find no
error and affirm the judgment.
08-0237
SIMPLIFIED DEVELOPMENT CORP., ET AL. v. JON GARFIELD; from Harris County; 14th district
(14-06-00526-CV, ___ SW3d ___, 02-14-08, pet. denied July 2008) 2 petitions (breach of
employment contract and a stock option agreement, attorney's fees)
08-0291
RONNIE R. REBER & ALAN RHEA TODD v. BELL HELICOPTER TEXTRON, INC.; from Tarrant
County; 2nd district (02-07-00104-CV, 248 SW3d 853, 03-06-08, pet denied July 2008)(labor
and employment law case, age discrimination)
08-0267 DWIGHT HINES AND SHANNON EVERETT v. EXXON MOBIL CORPORATION; from
Harris County; 14th district (14-06-00745-CV, ___ S.W.3d ___, 02-26-08, pet. denied May 2008)
(employment law, defamation, age discrimination, defamation) (Justice O'Neill not sitting)
08-0278
ROBIN BIKO, ET AL. AND DWIGHT TOMS, ET AL. v. SIEMENS INFORMATION AND
COMMUNICATION NETWORKS, INC., AND EFFICIENT NETWORKS, INC.; from Dallas County;
5th district
(05-05-01318-CV, 246 S.W.3d 148, 10-17-07, pet. denied)(employment law, breach of a stock
option agreement, fraud, and breach of contract)
Because the record shows appellees properly assumed and canceled the options in accordance
with the Stock Plan's merger-event provision, we conclude there is no genuine issue of material
fact, and they were entitled to judgment as a matter of law on appellants' claim for breach of the
Stock Plan. We overrule appellant's first issue. We affirm the trial court's judgment
07-0574
WILLIAM LOWE, M.D. v. MARY HERNANDEZ; from Tarrant County; 2nd district (02-06-00132-
CV, ___ S.W.3d ___, 06-07-07, pet. denied) (job termination, injury, ability to perform job
responsibilities, proximate cause)
In five issues, Appellant William Lowe, M.D. asserts that the trial court erred in awarding
judgment, following a jury trial, to Appellee Mary Hernandez for a job termination claim following
a course of surgical and medical treatment provided by Dr. Lowe. We affirm.