Travis Central Appraisal District v. Norman
342 S.W.3d 54
| Tex. | 2011Background
- Norman began working as a probationary employee for TCAD in January 2006 and was terminated about six months later.
- Norman had filed a workers' compensation claim prior to termination.
- Norman sued TCAD for retaliatory discharge under Tex. Lab. Code § 451.001.
- TCAD moved to dismiss via a plea to the jurisdiction, asserting exhaustion of internal grievance remedies.
- Norman argued exhaustion was not required and that the grievance policy did not apply to probationary employees; the trial court denied the plea and the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether immunity is waived for retaliatory claims against political subdivisions | Norman treats Barfield controlling immunity waiver. | TCAD argues 2005 amendment no longer waives immunity. | Immunity no longer waived; case dismissed. |
| Whether exhaustion of internal remedies was required to file suit | Exhaustion not required for retaliation claims; policy not applicable to probationaries. | Exhaustion required as jurisdictional prerequisite under TCAD policy. | Plea to jurisdiction reversed on exhaustion grounds; however, case ultimately dismissed for lack of immunity. |
| Impact of 2005 amend to the Political Subdivisions Law on Barfield | Barfield remains controlling articulation of immunity waiver. | 2005 amendment creates no-waiver provision affecting Barfield's reasoning. | No-waiver provision clouds Barfield; Barfield not controlling. |
| Overall waiver of immunity in light of Barfield and codification | Barfield permits a valid retaliation claim against government entities. | Current law fails to provide immunity waiver for retaliatory claims. | Political Subdivisions Law no longer waives immunity for retaliatory discharge claims; dismiss. |
Key Cases Cited
- City of LaPorte v. Barfield, 898 S.W.2d 288 (Tex. 1995) (barfield recognized immunity waiver via Political Subdivisions Law prior to 2005 amendment)
- Barfield, 898 S.W.2d 291 (Tex. 1995) (analyzed immunity waiver under Barfield's pre-1993/1995 context)
- Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692 (Tex. 2003) (framework for distinguishing sovereign vs governmental immunity)
- Univ. of Tex. Med. Branch at Galveston v. York, 871 S.W.2d 175 (Tex. 1994) (clear-and-unambiguous standard for waivers of immunity)