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Employment Law

Employment Law. Jay K. Rutherford Jackson Walker L.L.P. 777 Main Street, Suite 2100 Fort Worth, Texas 76102 (817) 334-7246 jrutherford@jw.com. At-Will Employment v. Statutes. Texas is an at-will employment state, but there are many exceptions to that rule…. Unlawful Discharge.

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Employment Law

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  1. Employment Law Jay K. Rutherford Jackson Walker L.L.P. 777 Main Street, Suite 2100 Fort Worth, Texas 76102 (817) 334-7246 jrutherford@jw.com

  2. At-Will Employment v. Statutes • Texas is an at-will employment state, but there are many exceptions to that rule…

  3. 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

  4. Unlawful Discharge • 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

  5. 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”

  6. Non-discrimination • Federal, state, and some local governments have anti-discrimination laws which forbid discriminatory recruiting, hiring, and termination

  7. 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

  8. 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

  9. Implied Contracts • Supervisors’ statements can be oral contract • “As long as you do your job, you will have a place here” • Employee handbooks • Written policies • Offer letters

  10. 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

  11. Infliction of Emotional Distress • Difficult to prove in the employment context • Dean 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

  12. 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

  13. 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.

  14. Employment Law Jay K. Rutherford Jackson Walker L.L.P. 777 Main Street, Ste. 2100 Fort Worth, Texas 76102 (817) 334-7246 jrutherford@jw.com

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