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Employment Law. Jay K. Rutherford Jackson Walker L.L.P. 777 Main Street, Suite 2100 Fort Worth, Texas 76102 (817) 334-7246 [email protected]. At-Will Employment v. Statutes. Texas is an at-will employment state, but there are many exceptions to that rule…. Unlawful Discharge. - PowerPoint PPT Presentation
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Employment Law
Jay K. Rutherford
Jackson Walker L.L.P.777 Main Street, Suite 2100
Fort Worth, Texas 76102
(817) 334-7246
At-Will Employment v. Statutes
Texas is an at-will employment state, but there are many exceptions to that rule…
Unlawful Discharge
Federal Statutes Age Discrimination in Employment Act Title VII of 1964 Civil Rights Act Family and Medical Leave Act Americans with Disabilities Act Fair Labor Standards Act Rehabilitation Act Veterans Readjustment Assistance Act Uniformed Services Employment & Reemployment Rights Act Various Whistleblower Statutes
Texas Statutes Texas Workers’ Compensation Statute, Section 451.001 Voting Rights Act Jury Service Act Texas Commission on Human Rights Act (TCHRA) Various Whistleblowers Statutes
Unlawful Discharge
Common Law Implied Contract of Employment Tortious Discharge Public Policy
Contracts of Employment Written Contract of Employment (no union) Collective Bargaining Agreement ‑ “Just Cause”
Unlawful Discharge
Non-discrimination
Federal, state, and some local governments have anti-discrimination laws which forbid discriminatory recruiting, hiring, and termination
Public Policy
Sabine Pilot v. Hauck Texas Supreme Court ruled that an exception to the
employment-at-will doctrine exists if an employee is requested to perform an illegal act and the employee’s refusal is the sole reason for the discharge
Workers’ Compensation Retaliation
Texas Workers’ Compensation Act, Section 451.001 Prohibits discharging an employee because the
worker has filed a compensation claim Managers or supervisors may be held liable for
discharging or discriminating if the worker has filed a claim
Retaliation settlements have been in excess of $1 million
Implied Contracts
Supervisors’ statements can be oral contract “As long as you do your job, you will have a place
here”
Employee handbooksWritten policiesOffer letters
Promissory Estoppel
Usually arises when an employee gives up a secure position to take new employment and loss of that new employment would be especially unfair
Infliction of Emotional Distress
Difficult to prove in the employment contextDean v. Ford Motor Credit Company (Federal Case) After Plaintiff complained of sexual harassment,
supervisor framed her Plaintiff did not prove retaliatory discharge, but did
prove intentional infliction of emotional distress Plaintiff awarded $250,000
Infliction of Emotional Distress
GTE Southwest, Inc. v. Bruce (State Case) Supervisor frequently told obscene jokes, used
obscene language, engaged in physically and verbally threatening conduct, charged at employees with his fist clinched, and flew into a rage when he discovered a spot on the carpet
Jury found that this conduct was extreme and outrageous
Infliction of Emotional Distress
GTE Southwest, Inc. v. Bruce (State Case) Texas Supreme Court noted that the supervisor’s
ongoing acts of harassment, intimidation, and humiliation and his daily obscene and vulgar behavior greatly exceeded the necessary leeway to supervise, critique, demote, transfer, and discipline, and created a workplace that was den of terror for the employees.
Employment Law
Jay K. RutherfordJackson Walker L.L.P.
777 Main Street, Ste. 2100Fort Worth, Texas 76102
(817) [email protected]