Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar
2012 Tex. App. LEXIS 8689
| Tex. App. | 2012Background
- Appellants Echostar Satellite L.L.C. and Dish Network Service, L.L.C. were sued by Ray Aguilar for wrongful termination under Texas Labor Code Chapter 451.001 et seq. regarding workers’ compensation retaliation.
- Aguilar injured September 14, 2005; he was placed on light duty and allegedly harassed about his injury, leading to his FMLA leave request.
- Appellants’ absence policy provided three consecutive no-call/no-show days lead to termination as job abandonment; Aguilar signed receipt in 2004.
- Appellants denied Aguilar’s workers’ compensation claim; ESIS denied the claim in 2005 as retaliatory in response to the personnel dispute.
- Aguilar signed a transfer request and later took FMLA leave; he did not return from leave, worked elsewhere, and was terminated for job abandonment after leave expired.
- Trial court denied summary judgment; the jury found in Aguilar’s favor on liability, damages, and punitive damages, which were later reduced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether uniform enforcement of an absence policy defeats a 451.001 claim | Aguilar shows lack of uniform enforcement. | Uniform enforcement defeats retaliation claims. | No error; evidence supports lack of uniform enforcement and retaliation. |
| Whether there was sufficient evidence of causation between the workers’ compensation claim and discharge | There is a causal link shown by knowledge, attitudes, policy deviations, and timing. | Employer had legitimate reasons and policy deviations were not tied to the claim. | Evidence legally and factually sufficient to support but-for causation. |
| Whether the constructive-discharge instruction was proper | Instruction correctly framed reaction of a reasonable employee to conditions. | Constructive discharge not shown; instruction erroneous. | Instruction proper and not harmful. |
| Whether Chavez’s testimony was improper character evidence | Chavez shows hostile/discriminatory attitudes toward workers’ comp claimants. | Testimony was relevant to uniform application of policy. | Admission proper; not probable cause of improper judgment. |
| Whether exemplary damages are supported by clear and convincing malice | Chavez shows malice and continued discriminatory conduct. | Evidence does not show actual malice toward Aguilar personally; actions not willful malicious. | Exemplary damages reversed; no clear and convincing malice. |
Key Cases Cited
- Continental Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996) (causal link required; burden shifting in retaliation cases)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (credible conflicts in evidence; great weight of evidence standard)
- Cont’l Coffee Prods. Co. v. Hauck, 687 S.W.2d 733 (Tex. 1985) (Sabine Pilot line of cases; admissibility of employer actions in retaliation)
- Tope v. American West Airlines, 935 S.W.2d 908 (Tex. App.—El Paso 1996) (circumstantial evidence of retaliation when direct evidence absent)
- Safeshred, Inc. v. Martinez, 365 S.W.3d 655 (Tex. 2012) (limits on willfulness; actual malice required for punitive damages)