Legal Opinion

Smith v. Coffee's Shop for Boys & Men, Inc.

Court of Appeals of Texas

Decided March 29, 1976No. 8646PublishedCited by 11 opinions

1Opinion of the Court

REYNOLDS, Justice.

Our 22 March 1976 opinion is withdrawn sua sponte and in lieu thereof, this opinion is substituted.

This summary judgment appeal presents the new question whether Vernon’s Ann. Civ.St. art. 8307c, § 1, providing that

No person may discharge or in any other manner discriminate against any employee because the employee has in good faith filed a claim . . . under the Texas Workmen’s Compensation Act

gives an ex-employee a cause of action for the ex-employer’s refusal to later re-employ the ex-employee whose discharge was for the reason prohibited by the statute. We hold that it…

2Cases cited5 opinions

  1. Texas Department of Corrections v. HerringTexas Supreme Court · 1974
  2. Magnolia Petroleum Co. v. WalkerTexas Supreme Court · 1935
  3. City of San Antonio v. HandleyCourt of Appeals of Texas · 1957
  4. Eppstein v. State of TexasTexas Supreme Court · 1912
  5. Calvert v. Phillips Chemical Co.Court of Appeals of Texas · 1954

3Cited by11 opinions

  1. Willie L. Thurman v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1992
  2. Almazan v. United Services Automobile Ass'n, Texas Court of Appeals, 4th District (San Antonio)1992
  3. Bottijliso v. Hutchison Fruit Co.New Mexico Court of Appeals · 1981
  4. Stoker v. Furr's, Inc., Texas Court of Appeals, 8th District (El Paso)1991
  5. Luna v. Frito-Lay, Inc., Texas Court of Appeals, 7th District (Amarillo)1987

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