Texas Supreme Court Decides in Favor of District in Immunity Case

By Marcos Mendoza

The TASB Risk Management Fund, along with attorney Jennifer Powell of Schwartz and Eichelbaum, recently won a decision at the Texas Supreme Court on behalf of Travis Central Appraisal District (TCAD). The case involved an employee who was terminated shortly after filing a workers’ compensation claim.  The employee alleged she was she was terminated for seeking workers’ compensation benefits and sued TCAD for retaliatory discharge under Chapter 451 of the Labor Code.  Defense Counsel Powell denied the allegations and filed a Plea to the Jurisdiction, arguing the employee failed to exhaust her administrative remedies prior to filing suit.  The trial court and the appellate court denied the district’s Plea, and a remedy was sought from the Texas Supreme Court.  The court sided with the district, stating clearly the Political Subdivisions Law in the Labor Code was amended in 2005 so that sovereign immunity was not waived, therefore the suit was improper and was dismissed. This was a very favorable decision that benefits all Fund members.