Use this button to switch between dark and light mode.

Texas: No Retaliatory Discharge Where Employee Terminated as Part of Reduction in Work Force

June 08, 2017 (1 min read)

A Texas appellate court affirmed a summary judgment order favoring the employer in a retaliatory discharge action under Tex. Lab. Code Ann. § 451.001(1). Although the superintendent and others were aware that the employee had been injured, none was aware that he had hired an attorney to prosecute a claim. Indeed, the employee returned to work the day of the injury (or the following day). Other evidence established that the work project was coming to an end and that the employee, along with other electricians and electricians’ helpers, were being laid off as part of a reduction in force.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Cardenas v. Bilfinger TEPSCO, Inc., 2017 Tex. App. LEXIS 5074 (June 1, 2017)

See generally Larson’s Workers’ Compensation Law, § 104.07.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law


Tags: