HOUSTON - The 14th Court of Appeals today dismissed a whistleblower complaint against the City of Houston that alleged an employee was terminated for reporting COVID-19 policy oversights to city council.
The lawsuit was brought by Monica Garcia, who until July 15, 2020, worked for the city as a senior human resources generalist.
According to Garcia, the city terminated Garcia’s employment to retaliate against her for complaining to the council that the city was failing to use a telecommuting policy to curtail the spread of COVID-19, states the 14th Court’s opinion
Court records show the city filed a plea to the jurisdiction on the grounds that Garcia had not satisfied Texas Whistleblower Act requirements. The trial court denied the plea and the city employed.
On appeal, the city argued Garcia failed to initiate a pre-suit grievance or appeal of her termination, and that her reports to the city council were not reports to “an appropriate law enforcement authority,” as that term is used in the TWA.
Justices revered the trial court, finding that because Garcia gave the city no pre-suit notification that she wanted her termination set aside, the jurisdictional prerequisites to suit were not satisfied, and the city’s immunity remains intact.
“In the dispositive issue, we conclude that the City has no formal grievance or appeal procedures by which Garcia, as a probationary employee, could challenge her termination,” the opinion states. “When there is no applicable formal procedure to appeal a termination, our precedent requires the former employee to provide fair notice to the employer of the desire to appeal the termination before filing suit.
“Because Garcia did not, we reverse the trial court’s ruling and render judgment for the City.”
Case No. 14-22-00024-CV