Raul Rivas v. Southwest Key Programs, Inc.
507 S.W.3d 777
| Tex. App. | 2015Background
- Rivas sued Southwest Key under Tex. Lab. Code § 451.001 for wrongful discharge/retaliation and hostile work environment, alleging termination "on or about September 24, 2010."
- Southwest Key moved for summary judgment on statute-of-limitations grounds, relying on Texas Workforce Commission (TWC) records showing an unemployment claim and fact-finding entries with dates beginning September 19–21, 2010.
- Rivas opposed with an affidavit stating he was suspended around September 19, 2010, told on Sept. 20 his suspension would run through Sept. 24 and that he was not fired then, and that he was formally terminated on September 24, 2010. He attached worker’s comp payment stubs.
- The trial court granted summary judgment. The record does not show rulings on Southwest Key’s objections to Rivas’s affidavit.
- The court of appeals reversed and remanded, finding a genuine fact issue about when the cause of action accrued (when Rivas knew or should have known he was terminated).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accrual date for § 451.001 claim | Rivas: accrual = Sept. 24, 2010 (formal termination); affidavit creates fact issue | SW Key: accrual ≤ Sept. 19, 2010 (TWC file/unemployment claim and fact-findings) | Reversed: affidavit vs. TWC entries create genuine fact issue on accrual date |
| Effect of suspension/earlier acts on accrual | Rivas: suspension was not a termination and did not put him on notice of firing | SW Key: suspension and TWC admissions show earlier discriminatory decision, so claim time-barred | Reversed: insufficient record to link suspension to termination; fact issue exists |
| Hostile work environment claim timeliness | Rivas: alleges hostile environment culminating on Sept. 24, 2010 | SW Key: did not specifically address this claim in motion; relies on limitations defense | Reversed as to this claim too because defendant failed to prove no event occurred on Sept. 24, 2010 |
| Use of conflicting unsworn official record vs. affidavit | Rivas: his affidavit controls for summary-judgment fact inquiry | SW Key: TWC official record supports earlier accrual date | Court: cannot pick between conflicting assertions; affidavit raises a fact issue given TWC entries lack sworn testimony explaining them |
Key Cases Cited
- Johnson & Johnson Medical, Inc. v. Sanchez, 924 S.W.2d 925 (Tex. 1996) (§ 451 claim accrues when employee receives unequivocal notice of termination or should have known)
- Specialty Retailers, Inc. v. DeMoranville, 933 S.W.2d 490 (Tex. 1996) (accrual may occur when discriminatory decision is made, not when formal termination is effected)
- National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (hostile-work-environment claims involve continuing violation; acts within filing period may salvage claim)
- Randall v. Dallas Power & Light Co., 752 S.W.2d 4 (Tex. 1988) (trial court cannot resolve conflicts between a party’s affidavit and other summary judgment evidence; such conflicts create fact issues)