Plaintiff's original petition

[Style of Case]

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

_____ (hereafter "Plaintiff") files this Original Petition (hereafter "this Petition") complaining of _____ (hereafter "Defendant") _____ (hereafter "Defendant _____") and _____ (hereafter "Defendant _____") (hereafter collectively "Defendants") and would show the Court as follows:

USE NOTE: The Texas Rules of Civil Procedure require a plaintiff filing a petition to "allege in the first numbered paragraph" whether it intends to have discovery conducted under level 1, 2, or 3 of Rule 190. For lawsuits filed in Texas state court use the language below and renumber the paragraphs accordingly.

DISCOVERY CONTROL PLAN

1. Plaintiff alleges that discovery in this lawsuit is intended to be conducted under level [1/2/3] of Rule 190 of the Texas Rules of Civil Procedure.

   THE PARTIES

1. Plaintiff _____ is a _____ corporation duly qualified to do business in Texas or

2. Plaintiff is an individual who resides in _____, _____ County, Texas.

3. Defendant _____ is a _____ corporation duly/not qualified to do business in the State of Texas.

4. Defendant _____ is a _____ corporation duly/not qualified to do business in the State of Texas.

5. Defendant _____ is an individual who resides in _____, _____ County, Texas.

   JURISDICTION AND VENUE

6. Defendant _____ was doing business in _____, _____ County, Texas at all times relevant to this lawsuit and did business in _____, _____ County, Texas that caused the "incident" that is the subject of this lawsuit. Therefore, jurisdiction and venue are proper in _____, _____ County, Texas. As a proximate result of said "incident," damages in excess of the minimum jurisdictional limits of this Court were incurred by Plaintiff. The damages suffered include, but are not limited to, the physical damage to the _____, lost business, business interruption, [and] the loss of the use of money, and [OPTION: physical injuries].

   SERVICE

7. Defendant _____ may be served by serving the Petition, citation, service of process [and discovery] upon the appropriate person and/or entity upon whom service can be obtained.

   FACTS

8. Defendant entered into a contract with Plaintiff to:

9. On or about [date], the _____ (hereafter the "incident") [Describe events giving rise to the lawsuit. Use the following Fact Checklist to help determine which facts are relevant to potential available causes of action.].

   FACT CHECKLIST

1. Discrimination

2. Retaliation

3. Misrepresentations

4. Representations

5. Detrimental Reliance

6. Contract

7. Third-Party Beneficiary

8. Harassment

9. Negligence

10. Defamation

11. Invasion of Privacy

12. Sabine Pilot

13. Interference with contract

14. Assault

15. Battery

16. Wages/Overtime

17. Vicarious liability

18. Outrageous conduct

19. Willful/intentional conduct

20. Mental anguish

    USE NOTE: This petition contains numerous causes of action potentially available to a plaintiff involved in employment-related litigation. Choose those appropriate to the facts of your case.

    _____ CAUSE OF ACTION AGAINST DEFENDANT:

    SEX DISCRIMINATION IN VIOLATION OF THE

    TEXAS COMMISSION ON HUMAN RIGHTS ACT

10. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendant for sex discrimination in violation of the Texas Commission on Human Rights Act. Tex. Lab. Code § 21.051 ("TCHRA"). The allegations contained in all of the paragraphs of this Petition are hereby reaverred and realleged for all purposes and incorporated herein with the same force and effect as if set forth verbatim. Plaintiff further shows as follows:

11. Defendant [demoted] Plaintiff from her supervisory position because of her sex (female) in violation of the TCHRA. Defendant effectuated this discriminatory act by and through _____, under the pretext that _____. Soon after the alleged _____, however, a less qualified and less experienced _____ employee was promoted to a supervisory position identical to that formerly occupied by Plaintiff.

12. During her tenure with Defendant, Plaintiff was given below average pay raises and performance reviews due to her sex.

13. Plaintiff has met all procedural prerequisites to bringing this TCHRA claim. Plaintiff filed TCHRA charges relating to these violations on _____ and has received a Right to Sue letter relating to these charges. Further, Plaintiff is within all applicable statutes of limitations for bringing this civil action.

    _____ CAUSE OF ACTION AGAINST DEFENDANT:

    SEX HARASSMENT IN VIOLATION OF THE

    TEXAS COMMISSION ON HUMAN RIGHTS ACT

14. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendant for sexual harassment in violation of § 21.051 of the TCHRA. The allegations contained in all of the paragraphs of this Petition are hereby reaverred and realleged for all purposes and incorporated herein with the same force and effect as if set forth verbatim. Plaintiff further shows as follows:

15. Plaintiff, while employed with Defendant, was sexually harassed both verbally and as a result of sexually explicit articles being placed in or around Plaintiff's work area. Despite Plaintiff's complaints regarding such behavior Defendant took no action to remedy the harassing situation. This harassment persisted until Plaintiff was constructively discharged from her employment with Defendant on or about _____.

16. Plaintiff has met all procedural prerequisites to bringing this TCHRA claim. Plaintiff filed TCHRA charges relating to this violation on _____ and has received a Right to Sue letter relating to this charge. Further, Plaintiff is within all applicable statutes of limitations for bringing this civil action.

    _____ CAUSE OF ACTION AGAINST DEFENDANT:

    HOSTILE ENVIRONMENT IN VIOLATION OF THE

    TEXAS COMMISSION ON HUMAN RIGHTS ACT

17. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendant for hostile environment sexual harassment in violation of § 21.051 of the TCHRA. The allegations contained in all of the paragraphs of this Petition are hereby reaverred and realleged for all purposes and incorporated herein with the same force and effect as if set forth verbatim. Plaintiff further shows as follows:

18. Plaintiff, while employed with Defendant, was continually exposed to a sexually hostile work environment that included sexually graphic comments by co-workers and supervisors, the placement of sexually explicit articles in and around Plaintiff's work area, and the posting of sexually suggestive material throughout Defendant's _____ facility. Despite Plaintiff's complaints regarding such environment, Defendant took no action to remedy the hostile environment which existed in its facility. This hostile environment persisted until Plaintiff was constructively discharged from her employment with Defendant on or about _____.

19. Plaintiff has met all procedural prerequisites to bringing this TCHRA claim. Plaintiff filed TCHRA charges relating to these violations on _____ and has received a Right to Sue letter relating to each charge. Further, Plaintiff is within all applicable statutes of limitations for bringing this civil action.

    _____ CAUSE OF ACTION AGAINST DEFENDANT:

    RETALIATION IN VIOLATION OF THE

    TEXAS COMMISSION ON HUMAN RIGHTS ACT

20. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendant for retaliation in violation of § 21.055 of the TCHRA. The allegations contained in all of the paragraphs of this Petition are hereby reaverred and realleged for all purposes and incorporated herein with the same force and effect as if set forth verbatim. Plaintiff further shows as follows:

21. Plaintiff filed a charge of _____ discrimination with [the EEOC and] the TCHR on _____. Subsequent to the filing of this charge, Plaintiff’s supervisors and co-workers retaliated against Plaintiff for taking such action. Despite Plaintiff's complaints regarding such retaliation, Defendant took no action to curtail or stop the retaliation. The retaliatory conduct continued until Plaintiff was constructively discharged from her employment with Defendant on or about _____.

22. Plaintiff has met all procedural prerequisites to bringing this TCHRA claim. Plaintiff filed TCHRA charges relating to these violations on _____ and has received a Right to Sue letter relating to these charges. Further, Plaintiff is within all applicable statutes of limitations for bringing this civil action.

    _____ CAUSE OF ACTION AGAINST DEFENDANT:

    DISABILITY DISCRIMINATION IN VIOLATION OF...