A former SAWS employee was awarded $275,000 in state district court here in Bexar County. See San Antonio Express News report. Kevin Martin claimed he was fired because he reported that employees were improperly exposed to asbestos pipes. The Texas Commission on Environmental Quality investigated and found violations. Sounds like a whistle blower lawsuit.
March 2011
Former Employee Fired for Wearing Shorts
Nancy Norman has filed suit against her former employer, Ebbay Halliday Realtors, Inc., in Dallas district court for discrimination based on her disability. She filed suit under the Texas Commission
on Human Rights Act., the Texas equivalent of Title VII of the Civil Rights Act. See Texas Lawyer report. Ms. Norman was fired after…
Wal-Mart Class Action Goes to US Supreme Court
The very large Wal-Mart class action lawsuit is going to the US Supreme Court for review this week. See CBS news report. The class involves 500,000 to 1.6 million potential plaintiffs. The suit alleges discrimination against women. The suit was initially filed ten years ago in California. It was most recently the subject of…
New Regulations Regarding the New ADA
The EEOC has published the final regulations to support the new Americans with Disabilities Act. See regulations. The ADA was amended in 2008, which amendments then went into effect in 2009.
FLSA Protects Employees Who Complain Verbally About Wages
In a recent decision, the US Supreme Court ruled that the Fair Labor Standards Act does indeed provide protection for employees who complain or ask about wages orally. The federal courts have disagreed on this issue for decades. They all agreed that the FLSA protected employees who complained in writing about wages. But, several…
San Antonio Nurse Loses Defamation Case
Defamation cases are very difficult in the employment context. In Texas, the employer is protected by what is referred to as a "qualified privilege." The qualified privilege means the alleged victim of the statement must show the speaker acted with actual malice. Actual malice means the speaker
knew or should have known the statement was…
Discriminatory Remarks Depend Upon the Listener
A similar question arises in all my employment cases. In a recent case, the defense lawyer was deposing a witness who supported my client. He asked why she thought the manager’s remark was discriminatory. Upon hearing that swine flu was predominant in the Rio Grande Valley, the
manager had remarked, "Well, what do you expect…
Moslems Are No Different Than Christians
One of the major surprises for me after returning from twelve months in Iraq was the anti-Moslem bias in my country. Now, five years later, I suppose that is to be expected. Very few Americans know any Moslems. And, of course, we are all very faimiliar with the eighteen murderous Moslems that attacked us on…
San Antonio Nurse Sues for Defamation
A San Antonio nurse filed suit against the Santa Rosa hospital for defamation. The nurse, Tammy Perez, claims the hospital performed an abortion a few years ago. She says the hospital then fired her after she raised the issue to various Roman Catholic church officials. The Santa Rosa hospital is affiliated with the
Roman Catholic…
Charlie Sheen Files Suit
I love the lawsuit business. Other than my other career, the Army Reserve, this is one area where you see people acting gracefully under pressure – or not. Charlie Sheen has been imploding for the past few weeks. He apparently has been diagnosed with bipolar disorder. He very publicly disprespected his boss, his executive producer.