The Thirteenth District of the Texas Court of Appeals ruled that valid employee discipline does not constitute malice so as to support a punitive damages award.
In Celanese Ltd. v. Skrabanek, No. 13-04-015-CV, 10/27/2005, Victor Skrabanek, a Celanese Ltd. employee, was placed on a one year probation as discipline for committing safety violations while loading a tanker truck. Two months later, Skrabanek filed a workers' comp claim for hearing loss. Two months later, Skrabanek was i.nvolved in another safety violation, and Celanese decided to terminate him based on that violation.
Skrabane...
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