A Texas court has headed off an employee’s attempt to sue twice for the same discrimination claim—once in federal court and again in Texas.
Recent case: When Texas A&M decided not to renew the contract of Professor Fuming Wu, he filed an EEOC complaint. While working through the end of his contract, Wu received a poor evaluation. He then filed a Texas state court claim alleging his poor evaluation was punishment for complaining about alleged infringement of his free speech rights.
The university asked the court to throw out the case, based on Wu’s decision to take his claims to federal court through the EEOC process. It said his retaliation claim was based on the same facts.
The court agreed. (Wu v. Texas A&M, No. 04-11-00180, Court of Appeals of Texas, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- When it comes to discrimination, retaliation is still the No. 1 risk
- Ricoh must print out big check after harassment settlement
- HR pro on trial: 'Cat's paw' individual liability under Section 1981
- Put reasonable limits on who can take complaints