Continental Coffee Products Co. v. Cazarez

903 S.W.2d 70, 1995 WL 358673
CourtCourt of Appeals of Texas
DecidedJuly 20, 1995
Docket14-94-00101-CV
StatusPublished
Cited by33 cases

This text of 903 S.W.2d 70 (Continental Coffee Products Co. v. Cazarez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Continental Coffee Products Co. v. Cazarez, 903 S.W.2d 70, 1995 WL 358673 (Tex. Ct. App. 1995).

Opinions

MAJORITY OPINION

AMIDEI, Justice.

This appeal is from a judgment for damages for retaliatory discharge after a bench trial. Claiming she was discharged in retaliation for filing a workers’ compensation claim, appellee, Juanita Cazarez (“Cazarez”), brought suit against appellants, her employer, Continental Coffee Products Company (“Continental”), and its employment manager, Alan D. Duff (“Duff’), under the Texas Anti-Retaliation Law. Tex.Lab.Code Ann. § 451.001-.003 (Vernon Pamph.1995). From a judgment awarding actual and exemplary damages, appellants appeal in five points of error, claiming the trial court lacked jurisdiction, the evidence was legally and factually insufficient to support the judgment, and the trial court improperly excluded evidence. We affirm.

FACTUAL BACKGROUND

Cazarez was employed as a production assistant performing primarily janitorial duties for Continental. On April 8, 1991, she sustained a work-related ankle injury, requiring her to be off from work. Cazarez filed a worker’s compensation claim and Continental's compensation carrier paid her medical bills and weekly benefits. On September 30, 1991, Cazarez’s physician, Dr. Brian Parsley, indicated that she could return to work on October 28, 1991. (After Cazarez’s termination, Dr. Parsley amended his report to show a new release date of November 18, 1991.) On October 28, Cazarez phoned Maiz-ie Villarreal, a clerk working under Duff, and said that she had the flu and was awaiting ankle supports prescribed by her doctor. Duff testified he called Cazarez on October 30, and she told him she would probably be at work on Friday, November 1 or Monday, November 4, at the latest. Cazarez did not phone in or report to work between November 1 and November 7.

On November 8,1991, Duff sent Cazarez a letter notifying her that she was terminated for violation of the company’s 3-day No Cail/No Show Rule. This rule is set out in Article 9, Section 3(e) of Continental’s collective bargaining agreement with the union, which provides that an employee’s rights terminate when the employee is absent from work for three consecutive working days without notifying the supervisor or department manager. The plant work rules also provide that “[ajbsence of three consecutive working days without properly notifying Management” is considered as a ‘Voluntary Quit.” After she was terminated, and her request for reinstatement was denied, Caza-rez filed this suit, alleging damages under former article 8307c of the Workers’ Compensation Act, now codified without substantive change at Sections 451.001-.003 of the Labor Code. Tex.Lab.Code Ann. §§ 451.001-.003 (Vernon Pamph.1995). This statute, referred to as the Anti-Retaliation [74]*74Law, specifically prohibits discharging or otherwise discriminating against an employee for filing a workers’ compensation claim in good faith or hiring legal representation in such a claim. Tex.Lab.Code Ann. § 451.001 (Vernon Pamph.1995). After a bench trial resulting in a judgment awarding Cazarez actual damages in the amount of $150,000 and exemplary damages in the amount of $500,000, Continental and Duff bring this appeal.

JURISDICTION

In appellants’ first point of error, they contend the trial court had no subject matter jurisdiction over this suit. "Whether a trial court had subject matter jurisdiction is a question of law for our review de novo. North Alamo Water Supply Corp. v. Texas Dep’t of Health, 839 S.W.2d 455, 457 (Tex.App.—Austin 1992, writ denied).

Appellants assert two reasons why the trial court, a statutory county court, lacked subject matter jurisdiction. First, they contend that district courts have exclusive jurisdiction to decide cases of retaliatory discharge based on the language of both the Workers’ Compensation Act and its recodifi-cation in the Labor Code. They also argue that Cazarez’s pleadings alleged damages in excess of the maximum jurisdictional amount for statutory county courts.

The power of Harris County statutory county courts to hear suits brought under the Anti-Retaliation Law presents a question of first impression. Article 8307c, as originally enacted, provided in section three, as follows: “The district courts of the State of Texas shall have jurisdiction, for cause shown, to restrain violations of this Act.” Act of April 22, 1971, 62nd Leg., R.S., ch. 115, 1971 Tex. Gen. Laws 884, 885 (formerly codified as Tex.Rev.Cxv.StatAnn. art. 8307c). After re-codification of this provision, shortly before trial of this case, it now reads: “A district court may restrain, for cause shown, a violation of Section 451.001.” Act of May 12, 1993, 73rd Leg., R.S., ch. 269, § 1, 1993 Tex.Gen. Laws 987, 1235-36 (now codified as Tex.Lab.Code Ann. § 451.003). Appellants assert that this language gives the district courts exclusive jurisdiction. They also rely on language in Azar Nut Co. v. Caille, 734 S.W.2d 667, 669 (Tex.1987), which states the statute “specifically empowers the district courts of this state to ‘restrain violations of the Act.’ ” This language does not aid in our determination because the supreme court did not use this language in addressing a jurisdictional question, but instead made it part of its analysis in deciding the propriety of punitive damages in retaliatory discharge cases. See id. The court determined that the threat of punitive damages would be likely to restrain bad faith employers, in accordance with the purposes of the statute, from wrongfully terminating employees. Id.

Appellants also refer us to McGregor v. Clawson for the general principle that where a statute creates a right and provides a remedy for its enforcement, the remedy is exclusive, and where it confers jurisdiction upon a particular court, that jurisdiction is exclusive. 506 S.W.2d 922, 928 (Tex.Civ.App.—Waco 1974, no writ), citing Mingus v. Wadley, 115 Tex. 551, 285 S.W. 1084, 1087 (1926). The statutory provisions are mandatory and must be complied with in all respects. Id. Appellants contend that the legislature intended the district courts to have exclusive jurisdiction over cases brought under the Anti-Retaliation Law because it created a statutory right. Yet, both McGregor and Mingus are not directly on point because they dealt with statutes containing mandatory venue provisions. McGregor, 506 S.W.2d at 928 (venue for disbarment suit is in the county of the defendant’s residence); Mingus, 285 S.W. at 1087 (suit to set aside workman’s compensation award must be brought in the county where the injury occurred).

The general grant of jurisdiction for statutory county courts is found in section 25.003 of the Government Code.1 Section (c) provides in relevant part:

[75]*75(c) In addition to other jurisdiction provided by law, a statutory county court exercising civil jurisdiction concurrent with the constitutional jurisdiction of the county court has concurrent jurisdiction with the district court in:

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903 S.W.2d 70, 1995 WL 358673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-coffee-products-co-v-cazarez-texapp-1995.