Chapter 9-18 Retaliatory Discharge for Protected Act of Third Party

• Jurisdiction: United States

9-18 Retaliatory Discharge for Protected Act of Third Party

9-18:1 Overview

Both Congress and the Legislature have passed statutory schemes aimed at protecting employees from discriminatory tactics in the workplace. These statutes also protect employees who have filed a complaint or otherwise reported discriminatory tactics from retaliation.

9-18:1.1 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 CASES

Holt v. JTM Indus., Inc., 89 F.3d 1224 (5th Cir. 1996)

Dias v. Goodman Mfg. Co., L.P., 214 S.W.3d 672 (Tex. App.—Houston [14th Dist.] 2007, pet. denied)

9-18:2 Expressly Rejected in Texas

Texas and federal courts alike have expressly rejected a cause of action based upon an employer's retaliation for a third party's protected act.⁸⁹ These courts have done so based upon deference to the respective legislative intent as evidenced in the plain meaning of the statute.⁹⁰ Accordingly, a plaintiff in a retaliatory discharge lawsuit must have been the person who engaged in the protected act.⁹¹

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Notes:

^[89] Holt v. JTM Indus., Inc., 89 F.3d 1224, 1227 (5th Cir. 1996); Dias v. Goodman Mfg. Co., L.P., 214 S.W.3d 672, 677-78 (Tex. App.—Houston [14th Dist.] 2007, pet. denied).

^[90] Holt v. JTM Indus., Inc., 89 F.3d 1224, 1227 (5th Cir. 1996); Dias v. Goodman Mfg. Co., L.P., 214 S.W.3d 672, 677-78 (Tex. App.—Houston [14th Dist.] 2007, pet. denied).

^[91] Holt v. JTM Indus., Inc., 89 F.3d 1224, 1227 (5th Cir. 1996); Dias v. Goodman Mfg. Co.,...