Legal Question in Employment Law in Texas

Under Texas statute prohibiting discharge of employee for filing workers' compensation claim, plaintiff is required to show that filing of workers' compensation claim was reason for his discharge. And under that statute, it is not incumbent upon plaintiff to prove that filing of claim was the sole cause for his dismissal. Thomas v. LTV Corp., C.A.5 (Tex.) 1994, 39 F.3d 611; Gauthreaux v. Baylor University Medical Center, 879 F.Supp. 634 (N.D.Tex.1994); Hinerman v. Gunn Chevrolet, 877 S.W.2d 806 (Tex. App. 4 Dist. 1994), rehearing denied, error granted, reversed in part 898 S.W.2d 817; Continental Coffee Products Co. v. Cazarez, 903 S.W.2d 70 (Tex.App. 14 Dist. 1995), rehearing overruled, application for writ of error filed. Your burden would be at least demonstrating a causal link between your discharge and your filing of your workers' compensation claim. And while you can meet this burden without showing that you were fired solely because of filing of workers' compensation claim, you must show that filing of claim was at least a determining factor in the discharge. Burfield v. Brown, Moore & Flint, Inc., C.A.5 (Tex.)1995, 51 F.3d 583. Once you have established a causal link between the retaliatory action and workers' compensation claim under Texas law, your former employer must rebut by showing a legitimate reason for the discharge; and you need only prove that your claim was a determining factor in your discharge. Umphrey v. Fina Oil & Chemical Co., 921 F.Supp. 434 (E.D.Tex.1996). Moreover, pursuant to our Texas retaliatory discharge statute, evidence of causation between filing of workers' compensation claim and adverse employment action may include knowledge of claim by those making decision to terminate, a negative attitude toward employee's injured condition, failure to follow company policy when disciplining employee who made claim, and discriminatory treatment of employee when compared to treatment of other employees with same disciplinary problem. Piper v. Kimberly-Clark Corp., 970 F.Supp. 566, (E.D.Tex.1997) affirmed 157 F.3d 903. If you believe your discharge was to retaliate for your workers compensation claim, you should see an attorney as soon as you can. Your employers inconsistencies could help your case.