[DOWNLOAD] "Wilmer-Hutchins Independent School District v. Sullivan" by Texas Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Wilmer-Hutchins Independent School District v. Sullivan
- Author : Texas Supreme Court
- Release Date : January 21, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
On Petition for Review from the Court of Appeals for the Fifth District of Texas The issue here is whether the trial court has jurisdiction over this suit for retaliatory discharge despite the plaintiff's failure to exhaust her administrative remedies when the defendant did not tell her such remedies existed. The trial court concluded that it lacked jurisdiction and dismissed the case. The court of appeals reversed and remanded, holding that jurisdiction must be determined solely on the plaintiff's pleadings. ___ S.W.3d ___ (Tex. App.-Dallas 2000). We agree with the trial court. Joyce Sullivan received workers' compensation benefits for an injury she sustained while working as a custodian for the Wilmer- Hutchins Independent School District. Ten months later, when her physician released her to return to work, the District told her that she had been terminated as part of a reduction in personnel for budget reasons. Believing that she had been terminated for filing a compensation claim, she contacted the District's attorney, who told Sullivan that she could not help her. The attorney did not inform Sullivan of the District's grievance procedures or suggest that she seek legal counsel.