Texas Labor Codes 451.003

Honhorst v. University of North Texas

Note: No waiver of sovereign immunity for State Agencies under anti-retaliation provision.

Metal Industries, Inc. of California v. Farley

Note: Evidence supports finding of retaliatory discharge and damages for future earnings and mental anguish.

Denton County v. Johnson

Note: Official immunity not affirmative defense to retaliation claim.

Ysleta Independent School District v. Godinez

Note: Employer's arbitration agreement insufficient to cover retaliation dispute.

Stewart v. Littlefield

Note: In 451, "person" refers only to employers.

Southwest Texas State University v. Enriquez

Note: State agency immunity has not been unambiguously waived in anti-retaliation actions.

Texas Mexican Railway Co. v. Bouchet

Note: Non-subscribers cannot be sued for acts of discrimination under 451.001.

Harris County v. Louvier

Note: No waiver of immunity for counties in Anti-Retaliation suits.

Texas Industries, Inc. v. Vaughan

Note: Case must be remanded on all damages if damage error is found and damages are not segregated.

Johnson & Johnson Medical, Inc. v. Sanchez

Note: SOL for wrongful termination begins when reasonable person would know of termination.

Jones v. Dallas Independent School District

Note: Trial court has no jurisdiction if administrative remedies are not exhausted.

Mancera v. City of Laredo

Note: Failure to pass performance tests is a valid, nondiscriminatory reason for termination.

Haggar Clothing Co. v. Hernandez

Note: Termination pursuant to reasonable absence control provision does not constitute retaliatory discharge.

Cox v. NextiraOne

Note: No retaliatory discharge where termination is part of company-wide downsizing.

Luna v. Gunter Honey, Inc.

Note: Appellate court has no authority to extend section 451.001 liability to nonsubscribers.

Tesmec U.S.A., Inc. v. Whittington

Note: Evidence supports retaliatory discharge verdict.