Supreme Court to Hear WC Wrongful Discharge Case

The Texas Supreme Court has accepted the petition for review in a wrongful discharge/retaliation case arising out of a workers’ compensation claim. The case, Kingaire, Inc. v. Melendez, has been scheduled for oral argument before the court on September 3, 2015 at 9:00 a.m.

Melendez sued Kings Aire for retaliation, arguing that his termination of employment after the expiration of his 12 weeks FLMA leave pursuant to Kings Aire’s company absence policy was retaliation. Kings Aire sought summary judgment but was denied and the case proceeded to trial. A jury awarded Melendez back pay and benefits and front pay and benefits totaling $124,654. The court of appeals affirmed the trial court’s judgment in a published opinion. Kingaire, Inc. v. Melendez, 416 S.W.3d 898 (Tex. App.—El Paso 2013, pet. filed).

The employer argues that the court of appeals’ opinion directly conflicts with the Supreme Court’s holding in Continental Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444, 451 (Tex. 1996)(holding that a discharge arising from the uniform enforcement of an absence policy cannot violate Chapter 451 as a matter of law). The employer also argues that the jury was improperly instructed on the standard it should apply in deciding the case.

The employee argues that there was evidence permitting the jury to conclude that the decision to terminate him occurred within three weeks after his injury, rather than after he had exhausted twelve weeks of family medical leave. He also argues that the jury was properly instructed.