Chapter 9-12 Negligent Investigation of Employee Misconduct

• Jurisdiction: United States

9-12 Negligent Investigation of Employee Misconduct

9-12:1 Overview

Employment-at-will is deeply rooted in the Texas common law, and Texas courts have been reluctant to create exceptions to the employment-at-will doctrine. The Texas Legislature, however, has created several specific exceptions to advance public policy, including discharge of a public employee whistleblower, employment discrimination, and other statutory exceptions. The only court-created exception has been Wrongful Discharge: Refusal to Perform Illegal Act.

9-12:1.1 Related Causes of Action

Wrongful Discharge: Breach of Employment Agreement; Suit for Retaliatory Treatment: Filing a Worker's Compensation Claim, Wrongful Discharge: Refusal to Perform Illegal Act, Employment Discrimination, Breach of Contract

MUST READ CASE

Texas Farm Bureau Mut. Ins. Cos. v. Sears, 84 S.W.3d 604 (Tex. 2002)

9-12:2 Expressly Rejected in Texas

The Supreme Court of Texas expressly rejected a cause of action for Negligent Investigation of Employee Misconduct.⁶² In Texas Farm Bureau, the Supreme Court held that when an at-will employment relationship exists, an employer may terminate its employee because of good reasons, bad reasons or carelessly formed reasons based upon a...