It is not unusual for a Dallas employment law matter that should, by rights, involve only a single issue to grow into a multi-faceted “shotgun” approach (colloquially speaking) lawsuit that adds unnecessary claims, complications, and expenses to what should be a fairly simple matter to resolve. A recent case that began as a whistleblower claim but grew to include several other allegations is illustrative. Fortunately for the employer, the appellate court eventually dismissed not only the add-on claims but the original one, as well.
Facts of the Case
The plaintiff in a recent case filed in Jefferson County, Texas, was a county jail employee who filed suit against the defendant county, asserting a claim as an alleged whistleblower. According to the plaintiff, she was demoted when she should have been promoted, in retaliation for refusal to cooperate with an internal affairs investigation of a co-worker who purportedly had a sexual encounter with an inmate at the jail.
When the plaintiff originally filed her lawsuit in September 2015, she only claimed that the defendant’s conduct was in violation of the Texas Whistleblower Act, but she later amended her pleadings to include an employment discrimination claim under the Texas Commission on Human Rights Act. She also alleged that the defendant had violated a collective bargaining agreement to which it was a party and that the plaintiff’s rights under the Texas Constitution had been violated.