Legal Question in Personal Injury in Texas

My wife, Nurse Practitioner, started a new job in one of the hospitals in Dallas,TX a couple of months ago. As a result of being exposed to aspergillus at her wokplace, she developed respiratory problems due to allergic reactions of her exposure. The ducts in her office were also found dirty & clogged up. Consequently, she filed a reporting Workplace Injury and Illness Incident Report, but now her supervisor is threatening my wife indirectly by giving her the following options:

1. Resign

2. Look into transfering into a different dept provided there's an opening

3. Start looking for other opportunities elesewhere (outside of her employer's workplace)

Her supervisor gave my my wife a maximum of 2 weeks to take action in regards to the 3 options mentioned above; or else, the supervisor will initiate a formal performance issue accusing my wife of undeperforming in her new job & get rid of her that way.

I just would like to know what are ny wife's rights after filing a Workplace Injury and Illness Incident Report, which is currently being processed by HR.

Any advice you may give will be greatly apprecatied


Asked on 1/29/11, 12:45 pm

1 Answer from Attorneys
Andrew Myers Law Offices of Andrew D. Myers

Unless there is a union, or a contract of employment, employees are all employed �at will�. This means that, without a union or a contract of employment, a worker can be terminated for any reason, or no reason, by an employer as long as they are not discriminating based on race, gender, national origin, religious beliefs or against another suspect classification, or unless the termination violates public policy. A public policy violation would include termination where the employee was voting or going for jury duty.

If you do not agree with my answer, then I strongly urge you to waste no time whatsoever in obtaining a consultation with an employment attorney to review the facts in your wife's case and to determine the best course of action.

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Answered on 2/25/11, 4:32 am


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