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Johnson v. Waxahachie Independent School District

Because there is no implied statutory cause of action created by Texas Government Code �617.005, appellants did not assert any legally cognizable basis for their claim. Therefore, appellants' former employer was entitled to summary judgment. Houston's 14th Court of Appeals overruled appellants' sole issue and affirmed the trial court's judgment. Houston's 14th Court of Appeals, No. 14-09-00072-CV, 09-02-2010

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Affirmed and Opinion filed August 31, 2010.

OPINION

Appellants Tim Johnson and Ed White sued their former employer, Waxahachie Independent School District (“WISD”), for unlawful termination. Johnson and White alleged that WISD terminated their employment because they filed an employment grievance pursuant to Texas Government Code section 617.005. As is relevant to this appeal, WISD sought summary judgment on the ground that appellants’ claim does not fall within a recognized exception to the employment-at-will doctrine. The trial court granted summary judgment to WISD, prompting this appeal. Appellants urge this Court to recognize a new cause of action that would permit a public employee to sue his employer for damages if his employment is terminated in retaliation for pursuing a grievance under section 617.005. We affirm.

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