law-employment-contract-disputes litigation | at-will employment doctrine | arbitration of employer-employee
disputes | bonus disputes between employer and employee | employment litigation | discrimination retaliation
claims | employee discipline | employee vs. independent contractor | noncompete, nonsolicitation agreements |
HOUSTON CASELAW ON EMPLOYMENT CONTRACTS
An employee under a term contract who is terminated before the end of the contract is
entitled to damages and not wages. The breach arises when he is terminated, and a
cause of action immediately accrues. Dixie Glass Co. v. Pollack, 341 S.W. 2d 530, 538–540 (Tex.
Civ. App.—Houston 1960), writ ref’d per curiam, 347 S.W. 2d 596 (Tex. 1961). The employee is entitled to sue
for damages for the full term of the contract and is not limited to the date of the trial. Id. The measure of
damages is the present cash value of the contract less any amounts that he could have earned
using reasonable diligence. La Marque Indep. Sch. Dist. v. Thompson, 580 S.W. 2d 670, 673 (Tex. App.—
Houston [14th Dist.] 1979, no writ). An employment agreement calling for semi-monthly payments does not
change this rule and does not create a cause of action for each missed payment. Johnson v. Walker, 824 S.W.
2d 184, 187 (Tex. App.—Fort Worth 1991, writ denied). 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)
The contract does not contain a written notice requirement. There is no reason to imply one. We therefore
must reject Malallah’s first argument.
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
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
Slade v. TSU (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Nuchia)
(sovereign immunity to breach of contract suit)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00990-CV Priscilla D. Slade v. Texas Southern University Board of Regents
Appeal from 61st District Court of Harris County (Hon. John Donovan)
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