390 S.W.3d 463
Tex. App.2012Background
- Armendariz worked as a telemarketer for Redcats for about 16 months (Feb 2008–Jun 15, 2009).
- She reported a hand injury on May 19, 2009 and filed a workers’ compensation claim after informing HR.
- Redcats’ attendance policy governed unscheduled absences and tardiness with a written policy and an unwritten “half-day absence rule.”
- The written policy excused absences only when supported by approved leave or a physician’s statement; the unwritten rule treated unscheduled tardiness or partial absence as unexcused, even with a physician’s statement.
- Armendariz had a prior attendance history including warnings and had a final warning before the June 15, 2009 termination for arriving more than three hours late.
- The court granted Redcats traditional and no-evidence summary judgment, denied new trial, and Armendariz appeals, arguing a causal link under Continental Coffee factors was shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Armendariz proved a causal link between her workers’ comp claim and her discharge. | Armendariz relied on circumstantial Continental Coffee factors showing knowledge, policy deviation, or other indicators. | Redcats contends Armendariz failed to establish most factors and that the discharge was not retaliatory. | Armendariz failed to raise a genuine issue on most factors; no causal link established. |
| Whether the trial court abused its discretion in denying a new trial based on newly discovered evidence. | The affidavit negates the half-day policy existence. | New evidence was impeachment or cumulative, not new, and unlikely to change result. | No abuse of discretion; new-trial denial affirmed. |
Key Cases Cited
- Continental Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996) (five-factor framework for causal link in retaliation cases)
- Hernandez v. American Tel. & Tel. Co., 198 S.W.3d 291 (Tex. 2006) (retaliation burden-shifting framework; Continental Coffee factors)
- Aust v. Conroe Indep. Sch. Dist., 153 S.W.3d 222 (Tex.App.--Beaumont 2004) (solved when most Continental Coffee factors show a causal link)
- Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004) (no-evidence standard; standard for evaluating summary judgment)
- Jackson v. Van Winkle, 660 S.W.2d 807 (Tex. 1983) (newly-discovered-evidence standard; abuse-of-discretion review)