Chapter 9-22 Whistleblower Action: Protection of Private Sector Employee

• Jurisdiction: United States

9-22 Whistleblower Action: Protection of Private Sector Employee

9-22:1 Overview

Employment-at-will is rarely abrogated by Texas courts. The Texas Legislature, however, has created several specific exceptions to advance public policy, including discharge of a public employee whistleblower and several occupation-specific private sector whistleblower statutes. There is no general private sector whistleblower statute in Texas.

9-22:1.1 Related Causes of Action

Discharge of a Public Employee Whistleblower

MUST READ CASES

Austin v. HealthTrust, Inc.—The Hosp. Co., 967 S.W.2d 400 (Tex. 1998)

Winters v. Houston Chronicle Pub. Co., 795 S.W.2d 723 (Tex. 1990)

9-22:2 Expressly Rejected in Texas

The Texas Legislature created several whistleblower exceptions to the general common-law doctrine of employment-at-will.¹⁰³ However, the Legislature has not granted general whistleblower protection for private sector employees,¹⁰⁴ and Texas does not recognize a cause of action for a private sector employee who reports illegal activities.¹⁰⁵

--------

Notes:

^[103] See, e.g., Tex. Gov't Code Ann. § 554.002 (public employee); Tex. Health & Safety Code Ann. § 161.134 (hospital employee); Tex. Agric. Code Ann. § 125.013 (agricultural laborer); Tex. Labor Code Ann. § 21.055 (public or private employee who reports discrimination).

^[104] Austin v. HealthTrust, Inc.—The Hosp. Co., 967 S.W.2d 400, 403 (Tex. 1998).

^[105] Austin v. HealthTrust, Inc.—The Hosp. Co., 967 S.W.2d 400, 403 (Tex. 1998); Winters v....