Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 14-0006
TAMES

KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ

Oral argument was held on September 3, 2015. The Court issued an opinion resolving the case on December 4, 2015. File Closed

In the news...

Tracking 2 articles about this case.

August 31, 2015

Preview of the first September argument sitting

from SCOTXblog

This article also mentions 6 other cases.

The Court has issued opinions:

May 1, 2015

A slip-and-fall in a hospital is not a health-care claim; two new grants [May 1, 2015]

from SCOTXblog

The article also mentions:
  • J&D TOWING, LLC v. AMERICAN ALTERNATIVE INSURANCE CORPORATION
  • LEZLEA ROSS v. ST. LUKE’S EPISCOPAL HOSPITAL
  • TEXAS WEST OAKS HOSPITAL, LP AND TEXAS HOSPITAL HOLDINGS, LLC v. FREDERICK WILLIAMS
  • Opinions

    December 4, 2015

    Lehrmann
    Hecht
    Green
    Johnson
    Willett
    Guzman
    Boyd
    Devine
    Brown

    Justice Lehrmann delivered the opinion of the Court. PDF

    Guzman

    Justice Guzman delivered a concurring opinion. PDF

     

    Court of Appeals

    Appellate District:8th Court of Appeals
    Outcome Below:Affirmed
    COA Docket No.:08-11-00372-CV
    Opinion Author:Honorable Yvonne Rodriguez

    Trial Court

    Trial Court:327th District Court
    County:El Paso
    Trial Judge:Honorable Linda Chew
    Trial Docket:2009-4709

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
    2016-01-15 Mandate issued  
    2015-12-04 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
    2015-12-04 Court approved judgment sent to attorneys of record Issued
    2015-12-04 Concurring Opinion issued.   Issued
      This case was awaiting the Court's decision after oral argument between September 3, 2015 and December 4, 2015.  
    2015-09-03 Oral argument  
      This case was waiting for oral argument between July 7, 2015 and September 3, 2015.  
    2015-07-07 Oral Argument Submission Form from Attorney received  
    2015-07-07 Oral Argument Submission Form from Attorney received  
    2015-07-03 Case set for oral argument   Case set for oral argument
      This case was waiting for oral argument between May 1, 2015 and July 3, 2015.  
    2015-05-01 Petition for Review granted
    2015-05-01 Petition for Review disposed   Filing granted
      This case was pending on merits briefs between January 9, 2015 and May 1, 2015.  
    2015-01-09 Reply Brief  
    2015-01-02 Motion for Extension of Time to File Brief filed  
    2015-01-02 Motion for Extension of Time disposed.   Filing granted
    2014-12-04 Brief on the Merits (Respondent)  
    2014-11-12 Motion for Extension of Time disposed.   Filing granted
    2014-11-10 Motion for Extension of Time to File Brief filed  
    2014-10-13 Motion for Extension of Time to File Brief filed  
    2014-10-13 Motion for Extension of Time disposed.   Filing granted
    2014-09-19 Brief on the Merits (Petitioner)  
    2014-09-10 Case Record Filed  
    2014-08-25 Record Requested in Petition for Review  
    2014-08-22 Brief on the Merits Requested  
    2014-07-29 Reply to Response (Petitioner)  
    2014-07-14 Response to Petition (Respondent)  
    2014-06-13 Motion for Extension of Time to File Response disposed   Filing granted
    2014-06-12 Motion for Extension of Time to File Response  
    2014-05-16 Supreme Court of Texas Requested Response  
    2014-04-15 Case forwarded to Court
    2014-03-10 Petition for Review (Petitioner)  
    2014-02-05 Second Motion for Extension of Time to File Petition for Review filed  
    2014-02-05 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2014-01-06 Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2014-01-03 Motion for Extension of Time to File Petition for Review filed  

    Parties

    Party Counsel Role
    Melendez, Jorge
    Mr. John P. Mobbs
    Mr. Don W. Minton
    Respondent
    Kingsaire, Inc.
    Ms. Clara B. Burns
    Gilbert Sanchez
    Mr. Ken K. Slavin
    Petitioner
     
     

    Do leave-of-absence policies bar workers compensation retaliation claims?

    employment workers comp

    An injured employee, absent from work, was classified by his employer as being on FMLA leave. According to the employer’s company policy, that type of family and medical leave cannot last longer than 12 weeks. When the employee did not return at the end of that period, the employer immediately fired them.

    When the employee sued for retaliatory discharge under Chapter 451 of the workers’ compensation law, the employer argued that its company leave-of-absence policy was uniformly applied and, thus, legally barred a claim for retaliatory discharge. Alternatively, the employer argued that the jury hearing that retaliation claim should have been asked about this defense or given an instruction about the legal effect of its leave-of-absence policy.

    The trial court sided with the employee. The court of appeals affirmed, holding that the company’s leave-of-absence policy did not create a legal presumption. The Supreme Court has granted the employer’s petition and will consider the issue.

    ...
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