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

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

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

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”

Unlawful Discharge

Non-discrimination

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

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

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

Implied Contracts

Supervisors’ statements can be oral contract “As long as you do your job, you will have a place

here”

Employee handbooksWritten policiesOffer letters

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

Infliction of Emotional Distress

Difficult to prove in the employment contextDean 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

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

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.

Employment Law

Jay K. RutherfordJackson Walker L.L.P.

777 Main Street, Ste. 2100Fort Worth, Texas 76102

(817) 334-7246jrutherford@jw.com