Texas Office of the Comptroller of Public Accounts v. Saito
372 S.W.3d 311
Tex. App.2012Background
- Saito, employed by the Comptroller in 2006, filed a March 2007 workers’ compensation claim for a work-related injury and was subsequently discharged.
- Saito sued alleging discharge in retaliation for the workers’ compensation claim, a violation of the Anti-Retaliation Law, Tex. Lab.Code Ann. § 451.001.
- The Comptroller answered and filed a plea to the jurisdiction asserting sovereign immunity unwaived for anti-retaliation claims.
- The trial court denied the plea; the Comptroller appealed under Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(8).
- The issue presented is whether sovereign immunity is clearly and unambiguously waived for anti-retaliation claims against state agencies under current law, including Gov’t Code § 311.034.
- The court holds that Fernandez remains good law and that the legislature has not changed the relevant statutes to alter the waiver of immunity for anti-retaliation claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity is waived for anti-retaliation claims against state agencies. | Saito argues Fernandez remains controlling and § 311.034 does not alter the waiver. | Comptroller argues § 311.034 changes how waiver is determined so Fernandez may not apply. | Waiver remains clear and unambiguous; the trial court did not err. |
Key Cases Cited
- Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1 (Tex. 2000) (waiver of immunity via SAA language interpreted as clear and unambiguous)
- Norman, 342 S.W.3d 54 (Tex. 2011) (court reaffirmed that legislative intent guides waiver despite § 311.034)
- City of La Porte v. Barfield, 898 S.W.2d 288 (Tex. 1995) (PSL waiver of immunity for anti-retaliation claims)
- Beltran, 350 S.W.3d 410 (Tex. App.-El Paso 2011) (addressed PSL/PSA waiver after Norman; Fernandez remains good law in SAA context)