What happens when an employer affords a right of redress to its employees, but not really? The large counties in Texas have the statutory right to create civil service commissions. The commissions provide a measure of job protection to county employees. In providing these protections, politics is removed from job issues, in theory. See generally
San Antonio employment law
“Viking Warrior” Succumbs to Injuries
By Thomas J. Crane on
Posted in General
While we rush around searching for last minute Christmas presents and securing the last of the tamales, some few Americans are still fighting their wars. They fight their wars right here in San Antonio at the excellent Army hospital at Ft. Sam Houston. Gunnery Sergeant Eden Pearl was such a warrior. On a patrol in…
Texas Worker’s Compensation System is Broken
By Thomas J. Crane on
Posted in Worker's compensation
National Public Radio and Propublica have been running a series on worker’s compensation systems in various states. One such state is Texas. Billy Shawn Walkup worked for Tysons Foods in Vernon, Texas. Tyson is self-insured, meaning they do not carry worker’s compensation insurance. Instead, the company itself pays for the medical care of workers injured…
Lawyer Ordered to Pay Back $633,000 in Fees
By Thomas J. Crane on
Posted in Litigation and trial practice
The right to confront one’s accusers in trial is a fundamental principle of our judicial system. Or, is it? One lawyer learned that confronting one’s accusers is not so fundamental, after all.
Ernesto Martinez, Jr. was accused of double billing. That is, he was accused of billing two different sets of clients for the same…
Mizzou Footballers Strike over Prejudice at School
By Thomas J. Crane on
Posted in Discrimination
Many white folks just do not see the biases in our society that minorities see. Survey after survey reflect this lack of vision. We see that dichotomy again in the situation involving the University of Missouri football team. The team is threatening to “strike” a game not because the University President has been racist or…
Jury in Western District Finds Against Plaintiff
By Thomas J. Crane on
Posted in Discrimination
In one recent case, the employer did not move for summary judgment or otherwise seek to dismiss. The case was filed by Jamel Blanton, Arica-American, and alleged racial and sexual discrimination. The female restaurant manager was accused of saying such things as: “do all black guys have big penises?” “What I would do for you…
Jailed County Clerk Claims Conscience
By Thomas J. Crane on
Posted in General
County Clerk Kim Davis has gone to jail rather than enforce the Supreme Court’s ruling that gay persons can marry. See CBS news report. She claims she is acting on her conscience. But, in my opinion, if she was following the dictates of her conscience, she would simply resign. Law enforcement officials face these…
AG Paxton Ordered to Appear in U.S. District Court
By Thomas J. Crane on
Posted in Litigation and trial practice
It is not surprising that Ken Paxton is being called to appear in U.S. District Court. He gave poor legal advice to Texas’ 254 County Clerks when he suggested they could possibly ignore the Supreme Court ruling regarding gay marriage. I wrote about that inaccurate legal advice here. There is nothing wrong with sincerely…
Fifth Circuit Still does not Credit Plaintiff’s Testimony
By Thomas J. Crane on
Posted in Litigation and trial practice
The U.S. Supreme Court issued its decision Tolan v. Cotton, 572 US __, 134 S.Ct. 1861, 188 L.Ed.2d 895 a year ago. But, many courts still do not appreciate its holding. I wrote about the decision in Tolan v. Cotton here. The decision in Tolan essentially fusses at lower courts for not reviewing…
Wayne Wright Agrees to Consent Decree in Pregnancy Discrimination Case
By Thomas J. Crane on
Posted in Discrimination
Wayne Wright, LLP, whose motto is the law firm demands “respect and justice” for its clients, was sued for pregnancy based discrimination in 2015. The EEOC filed suit after Kendra Taylor-Andrews filed a complaint with the EEOC. Ms. Taylor-Andrews had been employed by Wayne Wright in Houston since 2004. She received favorable performance reviews during…