Justices disagree on bosses' individual liability in Sabine-Pilot wrongful termination case Physio, Ltd v. Naifeh (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(Yates) (employment law - wrongful termination; liability on Sabine-Pilot wrongful termination claim) Appellants appeal the trial court’s judgment holding them individually liable for firing appellee for the sole reason that she refused to perform an illegal act. See Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985). Because we hold that the Sabine Pilot doctrine should not be extended to impose liability on individual employees rather than the plaintiff’s employer, we reverse and render. DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Hudson and Sullivan 14-08-00017-CV Physio GP, Inc., Physio, Ltd, Tanja Saadat and Shawn Saadat v. Natalie Naifeh Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher Dissenting Opinion by Justice Hudson in Physio GP, Inc.v. Natalie Naifeh (Sabine Pilot claim against bosses individually should be viable) Malallah v. Noble Logistic Services, Inc. (Tex.App. - Houston [14th Dist.] Feb. 2, 2010)(Christopher) (employment law, employment contract, statute of limitations, accrual of claim for SOL purposes) AFFIRMED: Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-08-01030-CV Bader Malallah v. Noble Logistic Services, Inc. f/k/a Dedicated Services, Inc. and SRS Texas Holdings, LLC Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Shadwick Mitchell v. Verizon (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(Alcala) (employment disputes, appeal from administrative decision by Workforce Commission, common-law claim for wages, res judicata) We conclude Mitchell's earlier claim is res judicata of his instant suit and he waived his claim concerning procedural due process by failing to raise it in opposition to Verizon's summary judgment in the trial court. We therefore affirm. AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00132-CV Dustin A. Mitchell v. Verizon Business Network Services, Inc. and Verizon Business Purchasing, L.L.C., fka MCI, Inc. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey Grant v. Laughlin Environmental, Inc. (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Jennings) (employment law, bonus dispute, breach of contract, fraud, negligent misrepresentation, and quantum meruit) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00227-CV Carroll Grant v. Laughlin Environmental, Inc. Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison Macy v. Waste Management, Inc. (Tex.App.- Houston [1st Dist.] Mar. 12, 2009)(Alcala) (employment contract dispute, attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00276-CV Griffin Macy v. Waste Management, Inc. Appeal from 157th District Court of Harris County Trial Court Judge: The Honorable Randall Wilson Basey v. DaVita, Inc. (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Seymore) (employment dispute, disability discrimination, retaliation, sj for defendant affirmed) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Hudson and Seymore 14-07-00925-CV 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. Appeal from 55th District Court of Harris County Trial Court Judge: Justice Jeffrey V. Brown TWC v. City of Houston (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Brown) (unemployment claim, employment law, unemployment claim, judicial review suit, appeal, protest untimely) REVERSED AND RENDERED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00407-CV Texas Workforce Commission v. City of Houston Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman) (employment law, written employment contract, remittiture suggested) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Boyce 14-06-00704-CV RePipe, Inc. v. James E. Turpin Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Coleman v. Revak (Tex.App.- Houston [1st Dist.] June 19, 2008)(Hanks) (employment at will) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Alcala and Hanks 01-07-00438-CV Stanley Russell Coleman v. Lynn A. Revak, Revak Turbomachinery Services, Inc., Revak Enterprises, Inc., L-Mart International Corporation, Revak Controls Corporation, Turbo Storage Service Company, and Revak Energy, Inc.--Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson Texas Supreme Court Issues new opinion in Payday Act case expanding res judicata doctrine to dismiss suit for unpaid wages Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (substituted opinion by Justice Dale Wainwright) 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. 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. Pride International, Inc. v. Bragg (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Bland) (employment law, severance pay dispute) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00188-CV Pride International, Inc. v. Paul A. Bragg Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Employment was at will despite employment contract that stated one-year term; contract provided for termination without cause McGee v. Abrams Technical Services, Inc. (Tex.App.- Houston, March 6, 2008)(Alcala) (employment law, no breach of contract, summary judgment for Defendant affirmed, employment at will) AFFIRM TC JUDGMENT: Opinion by Justice Alcala 01-06-00590-CV Phillip J. McGee v. Abrams Technical Services, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Miller v. Raytheon Aircraft Co. (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland) [employment law, wrongful termination claim] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-05-00787-CV Eric Miller v. Raytheon Aircraft Company, Raytheon Travel Air, and Flight Options, L.L.C. Appeal from 10th District Court of Galveston County (Judge David E. Garner) Mustang Security and Investigations, Inc. v. Alpha & Omega Services, Inc. (Tex.App.- Houston - Houston [1st Dist.] Nov. 15, 2007)(Taft)(at will employment) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-06-00093-CV Mustang Security and Investigations, Inc., Marilyn Wachel v. Alpha & Omega Services, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Texas Supreme Courts Holds that Worker Forfeits Right to Sue because he Utilized Administrative Process to Bring Claim for unpaid wages even though Legislature created Payday Act as an additional remedy and Commission held that it did not have jurisdiction; Court accords res judicata effect to Commission's dismissal of late statutory claim even though Commission is not a court and did not have jurisdiction to adjudicate common-law claim (which was not yet time-barred). Igal v. Brightstar Information Technology Group, Inc. 04-0931 (Tex. Dec. 8, 2007)(First opinion by Wainwright) (employment law, Texas Payday Act, res judicata based on Commission 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 affirms the court of appeals' judgment. Justice Wainwright delivered the opinion of the Court as to Parts I, II, III, IV.A, IV.B.2, and V, in which Justice Green, Justice Johnson, Justice Willett, and Justice McCoy joined, and an opinion as to Part IV.B.1, in which Justice Green, Justice Johnson, and Justice Willett joined. Justice Brister delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice Medina joined. (Justice Bob McCoy sitting by appointment pursuant to section 22.005 of the Texas Government Code) (Justice Hecht not sitting) Green v. Quality Dialysis One LP (Tex.App.- Houston [14th Dist.] Aug. 7, 2007)(Anderson) (employment law, contract, discovery prior to summary judgment) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-05-01247-CV Shawn D. Green v. Quality Dialysis One LP, d/b/a Quality Dialysis, QDI Management, LLC--Appeal from 240th District Court of Fort Bend County (Judge Thomas Ralph Culver) Costello v. Bank of America (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Seymore) (employment law discharge, SJ, worker's comp. retaliation) AFFIRMED: Opinion by Justice Seymore Before Justices Anderson, Fowler and Seymore 14-06-00195-CV Mitzie Costello v. Bank of America, N.A. Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) W.R. Grace & Co v. Taylor (Tex.App.- Houston [14th Dist.] May 17, 2007)(Edelman)(noncompete) (employment law, noncompete agreements, termination, enforceability) AFFIRMED: Opinion by Justice Edelman Before Justices Anderson, Fowler and Edelman 14-06-01056-CV W.R. Grace & Co.-Conn v. James R. Taylor Appeal from 10th District Court of Galveston County (Judge David Edward Garner) Perkins v. Ulrich (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Yates) (employment at will, employee accepted change in compensation policy by continuing to work) Kelley v. Humble Independent School District (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Alcala)(teacher discrimination suit) Dias v. Goodman Manufacturing Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Guzman)(THCRA discrimination, age, retaliatory discharge) Shekhani Enterprises, Inc. v. A/M Mechanical Services (Tex.App.- Houston [14th Dist.] Nov. 15, 2007) (Nuchia)(employee check fraud, company check endorsement) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia 01-06-00629-CV Shekhani Enterprises, Inc. v. A/W Mechanical Services, L.P. Appeal from 334th District Court of Harris County (Hon Sharon McCally) Simplified Development Corp. v. Garfield (Tex.App.- Houston [14th Dist.] Nov. 6, 2007)(Anderson) (employment law, breach of contract, stock options) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson 14-06-00526-CV Simplified Development Corp. and James P. Cashiola v. John Garfield Appeal from 295th District Court of Harris County (Hon. Tracy Kee Christopher) Case involves a breach of two contracts: an employment contract and a stock option agreement. Appellants/cross- appellees, Simplified Development Corporation and James P. Cashiola, appeal a judgment awarding damages and attorneys' fees to appellee/cross-appellant Jon Garfield. In turn, Garfield appeals the trial court's disregarding of the jury's answer finding that Simplified's breach of Garfield's Stock Option Agreement damaged Garfield in the amount of $3 million. Court of appeals affirms in part and reverse and remand in part. Sandel v. ATP Oil & Gas Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Yates)(employment, stock options plan, promissory estoppel) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00323-CV Charles Sandel v. ATP Oil & Gas Corporation Appeal from 157th District Court of Harris County (Hon. Randall Wilson) Governmental official entitled to sovereign immunity dismissal, and to interlocutory appeal when the trial court denies plea to the jurisdiction Texas A & M Univ. Sys. v. Koseoglu, No. 05-0321 (Tex. Sep. 7, 2007)(Green) (public employment law, sovereign immunity, breach of settlement agreement, ILA, opportunity to amend) Supreme Court Rules that Plaintiff Cannot Recover on Fraud Claim as Artful Alternative to Contract Claim Barred by the Statute of Frauds Baylor Univ. v. Sonnichsen, No. 04-0851 (Tex. Apr. 20, 2007)(per curiam) (employment dispute) (fraud damages barred where same damages sought in unenforceable oral contract) Because these benefit-of-the-bargain damages are the same damages Sonnichsen sought to recover under an unenforceable contract, his fraud claim fails. See Nagle v. Nagle, 633 S.W.2d 796, 801 (Tex. 1982); see also Formosa Plastics, 960 S.W.2d at 46-47 (noting that except fraudulent inducement, contract duties and damages may not be pursued in common law tort). The trial court correctly granted summary judgment in favor of Baylor on Sonnichsen’s fraud claims. . . . We hold that the trial court did not abuse its discretion by sustaining Baylor’s special exception on Sonnichsen’s breach of contract claims and the trial court correctly granted summary judgment in favor of Baylor on Sonnichsen’s fraud claim. Therefore, without granting oral argument, we grant the petition for review, reverse the judgment of the court of appeals, and render judgment that Sonnichsen take nothing. In librarian's suit against the same university, Supreme Court holds that there was no evidence of breach of contract Baylor University v. Coley, No. 04-0916 (Tex. Apr. 20, 2007)(Hecht)(employment dispute) Justice Johnson delivered a concurring opinion in Baylor Univ. v. Coley on the issue of jury instruction Respondent Betty A. Coley contends that her former employer, petitioner Baylor University, by reassigning her responsibilities to others and thus effectively demoting her, breached her contract and forced her to resign from her tenured faculty position. The trial court rendered judgment for Baylor based on the jury’s failure to find that Coley had been constructively discharged, defined in the charge as “mak[ing] conditions so intolerable that a reasonable person in the employee’s position would have felt compelled to resign.” The court of appeals reversed and remanded, holding that the jury should have been asked whether Baylor constructively discharged Coley by “‘mak[ing] a material change in the position to which [she] was entitled under the contract.’”[1] We conclude that Coley presented no evidence Baylor breached her contract and that the jury was properly charged on constructive discharge, and we therefore reverse and render judgment for Baylor. . . . We need not decide whether there was any evidence Coley was constructively discharged to support submission of the issue to the jury since the jury answered the question “no”. There is no evidence that Baylor breached Coley’s employment contract. Accordingly, the judgment of the court of appeals is reversed and judgment is rendered that Coley take nothing. SUPREME COURT CASE TABLE Also see --> Texas Workplace Case Law Employer Liability for Negligence Jack in the Box, Inc. v. Skiles, No. 05-0911 (Tex. Feb 9, 2007(per curiam) (workplace safety, injury, nonsubscriber employer, no duty, no liability for negligence) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Justice Paul Green) employer non liability for independent contractor torts, wrongful conduct, exceptions) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Concurrence by Justice Brister) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Dissenting opinion by Justice Willett) Loram Maintenance of Way v. Ianni, No. 04-0666 (Tex. Jun 30, 2006)(Justice Justice Green) (employer liability, employee conduct, off site, scope of employment, control, off duty, is duty owed?) Loram Maintenance of Way v. Ianni, No. 04-0666 (Tex. Jun 30, 2006)(concurrence by O'Neill) Arbitration Clauses Sheshunoff Management Services v. Johnson, No. 03-1050 (Tex. Oct. 22, 2006)(Justice Don R. Willet) (enforceability of covenant not to compete, noncompete agreements, employment at will, consideration) Chief Justice Jefferson delivered a concurring opinion in Sheshunoff v. Johnson Justice Wainwright delivered a concurring opinion in Sheshunoff v. Johnson In Re Dillard Department Stores, No. 04-1132 (Tex. Mar. 3, 2006)(per curiam opinion) (arbitration mandamus, employment, retaliatory discharge) In Re Dillard Department Stores, No. 05-0250 (Tex. Jan. 27, 2006)(mandamus)(per curiam opinion) (arbitration mandamus, employment dispute, FAA) Shareholder Liability for Corporate Debt Willis v. Donelly, No. 04-0409 (Tex. Jun. 2 ,2006)(Justice Don Willet) (corporate vs. individual liability, exposure of shareholders of closely held corporation, breach of contract) No common-law cause of action for whistleblowing The Ed Rachal Foundation v. D’Unger, No. 03-1101 (Tex. Apr. 21, 2006)(per curiam opinion) (whistle blowers, no common law cause of action, doctrine of employment at will) RECENT CASES FROM THE TEXAS COURTS OF APPEALS Johnson v. Moody International (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Hedges) (employment law, retaliatory discharge, workers compensation claim) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00213-CV Monica Johnson v. Moody International, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Noncompete Clauses: No need for injunction found W.R. Grace & Co v. Taylor (Tex.App.- Houston [14th Dist.] May 17, 2007)(Edelman)(noncompete) [employment law, noncompete agreements, termination, enforceability] AFFIRMED: Opinion by Justice Edelman Before Justices Anderson, Fowler and Edelman 14-06-01056-CV W.R. Grace & Co.-Conn v. James R. Taylor Appeal from 10th District Court of Galveston County (Judge David Edward Garner) W.R. Grace & Co. - Conn. (WRG) appeals the denial of its request for a temporary injunction against James R. Taylor on the grounds that: (1) after ending his employment with WRG, Taylor used WRG's proprietary information; and (2) the trial court's decision not to enjoin Taylor from soliciting WRG customers after leaving WRG's employment was based on an incorrect determination that the non-solicitation obligation in Taylor's employment agreement is unenforceable. We affirm. At will employee protested, but continued to work after compensation policy was changed, and thus accepted new policy; Houston court affirms summary judgment for employer in employee's suit to collect under the original policy - also rejects economic duress claim Perkins v. Ulrich (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Yates) (employment at will; following In re Dillard Dep't Stores, Inc., 198 S.W.3d 778 (Tex. 2006)(orig. proceeding) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-00992-CV Anthony Perkins v. William Ulrich d/b/a Morrison Homes and George Wimpey of Texas Corp.--Appeal from 215th District Court of Harris County (name of judge not shown on docket) Rerich v. Lowe's Home Center, Inc. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Radack)(defamation, false imprisonment) Miller v. Raytheon Aircraft Co. (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland) (wrongful termination claim) AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-05-00787-CV Eric Miller v. Raytheon Aircraft Company, Raytheon Travel Air, and Flight Options, L.L.C. Appeal from 10th District Court of Galveston County (Judge David E. Garner) Kelley v. Humble Independent School District (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Alcala)(teacher discrimination suit) Davis v. Houston Community College System (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Alcala)(school teacher employment) (employment law, public employment, race discrimination) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-04-01160-CV Patricia Davis v. Houston Community College System (HCCS) Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Werline v. East Texas Salt Water Disposal Co., Inc., No. 06-06-00039-CV (Tex.App.- Texarkana Dec. 18, 2006, pet. filed 3/13/2007)(Opinion by Justice Ross)(employment) Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(Seymore) [personal injury law, workplace injury, workers comp, exclusive remedy, borrowed employee] Kelley v. Texas Workforce Commission (Tex.App.- Houston [1st Dist.] )(TWC, missed deadline to file judicial review suit, failure to name employer, DWOJ) Harris County v. Cheryl Norris, No. 01-04-01087-CV (Tex.App.- Houston [1st Dist.] Nov 9, 2006, pet filed 2/15/2007 and docketed as cause no. 07-0047)(Opinion by Justice Hanks) (employment, retaliation, whistle blowing, reporting of suspected abuse) Hull v. Davis, (Tex.App.- Houston [14th Dist.] 2006)(TWC, Texas Payday Act, election of remedies, exhaustion of administrative remedies) Tricon Tool & Supply, Inc. v. Thumann, No. 01-04-01061-CV (Tex.App. - Houston [1st Dist.] 2006)(TWC, unpaid commissions, quantum meruit, express contract defense) Dias v. Goodman Manufacturing Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Guzman) (THCRA discrimination, age, retaliatory discharge) AFFIRMED: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00836-CV Donald Dias v. Goodman Manufacturing Company, L.P., Goodman Holding Company and Quietflex Manufacturing Company L.P Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge) Johnson v. Moody International (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Hedges)(employment law, retaliatory discharge, workers compensation claim) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00213-CV Monica Johnson v. Moody International, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Houston Opinions | Texas Opinions | |
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