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The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted.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.