Labor and Employment

If you have a verdict you would like to report, please call Lucy Crabtree at Antcliff Mediation, P.L.L.C.  (915) 533-1221.

2023

  • November 29, 2023.   Melissa Alvarado (Ruiz) v. County of El Paso, Texas; Cause No. 2016DCV0573.  Breach of Contract case in the County Court at Law # 3.  This case involved an alleged breach of a term of a Settlement Agreement, specifically that “Melissa Alvarado will be re-hired to a position of employment with the County subject to her approval and the approval of the official or department head overseeing the job selected”. The jury determined that the County of El Paso did not fail to comply with the term of the Settlement Agreement.
  • April 17, 2023. Elsa Lopez, as Personal Representative of the Estate of Antonio Lopez, Deceased v. H.K. Global Trading, Ltd., Cause No. 2016DCV1594. Labor/employment Sabine Pilot case in the County Court at Law # 7. The Court granted a directed verdict for Defendant following the presentation of Plaintiff’s evidence and ordered all taxable costs of court against the party incurring the same.
  • March 8, 2023. Juliet Herrera v. Paul J. Resignato, DPM, P.A., Cause No. 2016DCV0274. Labor/employment wrongful termination case in the County Court at Law # 3. The jury determined that Plaintiff was not discharged for the sole reason that she refused to perform an illegal act. Accordingly, the jury did not reach the questions regarding damages.
  • February 15, 2023. Ricardo Corona v. Rent-A-Tire and Rent-A-Tire, L.P. Cause No. 2020DCV3614. Labor/employment age discrimination case in the 120th Judicial District Court. The jury determined that Plaintiff’s age was not a motivating factor in Defendant’s decision to terminate Plaintiff’s employment and therefore did not reach the question regarding damages.
  • January 27, 2023. Samuel Maldonado v. Vidal Enterprises, Inc. d/b/a Tops Tire and Wheel; Cause No. 2017DCV3299. Labor/employment retaliation case in the 346th Judicial District Court. The jury determined that Defendant terminated Plaintiff’s employment because he filed a worker’s compensation claim in good faith and awarded $115,104.00 in lost wages, $348,768.00 for future wages and employee benefits, $25,000.00 for compensatory damages suffered in the past, and $350,000.00 for future compensatory damages including emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life and other non-economic losses.

2022

  • September 30, 2022. Michelle Ares v. Schneider Electric USA; Cause No. EP-19-CV-00283-FM. Labor/employment sexual harassment case in the United States District Court for the Western District of Texas. The jury determined that Plaintiff’s co-workers sexually harassed Plaintiff, that Defendant knew or in the exercise of reasonable care should have known or it was communicated to a Schneider Electric employee with authority to receive, address or report the complaint that Plaintiff was being sexually harassed, and that Defendant failed to take prompt remedial action. The jury awarded Plaintiff $250,000.00 for past pain and suffering, inconvenience, mental anguish and loss of enjoyment of life, and further awarded $250,000.00 for future pain and suffering, inconvenience, mental anguish and loss of enjoyment of life.  Attorney’s fees had not been determined at the time of this report.
  • August 24, 2022. Elizabeth Marquez v. TE Connectivity Corporation; Cause No. EP-19-CV-00341-KC. Labor/employment disability discrimination case in the United States District Court for the Western District of Texas. The jury determined that Plaintiff Defendant failed to reasonably accommodate Plaintiff’s disability and that Plaintiff proved that Defendant terminated her employment because of her disability. The jury further found that Plaintiff would not have been terminated but for the fact that she alerted Defendant to her reasonable belief that Defendant was engaging in possibly unlawful discrimination. The jury awarded Plaintiff $326,500.00 for past mental anguish damages and $1,875.00 for future mental anguish damages. The jury also awarded Plaintiff $143,589.00 for past wages and $3,265,000.00 in punitive damages.
  • August 2, 2022. Roy Autry v. Ahern Rentals, Inc. d/b/a Ahern Rentals and Sales; Cause No. EP-19-CV-00154-DCG. Labor/employment hostile work environment case in the United States District Court for the Western District of Texas. Plaintiff’s claims for national origin discrimination and retaliation were dismissed by way of summary judgment. The jury determined that Plaintiff was harassed by one of his supervisors and that Defendant did not exercise reasonable care to prevent and promptly correct the harassing behavior. The jury awarded Plaintiff $100,000.00 for past mental anguish and $400,000.00 in punitive damages.
  • June 15, 2022. Juan Castaneda v. Year One Electrical Contractor, LLC.; Cause No. 2020DCV3720. Labor/employment retaliation case in the 41st Judicial District Court. The jury determined that Defendant did not discharge or discriminate against Plaintiff because he filed a good faith worker’s compensation claim and awarded no damages.

2020

  • February 25, 2020. Joseph L. Burns v. Kirstjen Nielsen, Secretary, U.S. DEpartment of Homeland Security; Cause No. EP-17-CV-00264-DCG. Labor/employment disparate treatment disability discrimination case in the El Paso Division of the United States District Court for the Western District of Texas. The Court granted summary judgment as to Plaintiff’s claims for hostile work environment and retaliation, but denied Defendant’s motion with respect to Plaintiff’s claims of improper medical inquiry and desparate treatment disability discrimination.  The jury found that the Agency removed Plaintiff from tower climbing duties because of his disability.  The jury awarded back pay in the amount of $3,068.56 and compensatory damages of $125,000.00 for past pain and suffering, inconvenience, mental anguish and loss of enjoyment of life.

2019

  • March 8, 2019. Alex Zamora v. GC Services, LP.; Cause No. EP-15-CV-00048-DCG. Labor/employment disability discrimination, failure to accommodate case in the El Paso Division of the United States District Court for the Western District of Texas. Following the jury trial, the Court granted Defendant’s Motion for Judgment as a Matter of Law finding that the Pro Se Plaintiff failed to prove any element of his claims.
  • April 17, 2019. Eric Feely v. El Paso Cosmetic and Plastic Surgery Center, P.A.; Cause No. 2015DCV0852. Labor/employment retaliation case in the County Court at Law # 3. The jury determined that Plaintiff’s report was made in good faith and was a cause of Defendant’s termination of Plaintiff. The jury awarded Plaintiff $90,000.00 in lost wages, but did not award anything for mental anguish and/or emotional pain and suffering and did not award any exemplary damages.  This verdict will be updated following a hearing on attorney’s fees.

2018

  • May 9, 2018. Sara Miller v. Always Caring Health Care Services and Always Caring Health Care Services, Inc.; Cause No. 2015DCV1717. Labor/employment failure to hire case in the County Court at Law # 5. The jury determined that age was not a motivating factor in Defendant’s decision not to hire Plaintiff.
  • April 20, 2018. Ernesto Borrego v. Management & Engineering Technologies International, Inc.; Cause No. 2015DCV3159. Labor/employment case alleging retaliation in the County Court at Law # 3. The jury determined that Plaintiff’s employment was terminated because of his engagement in protected conduct and his opposition to a discriminatory practice and that his protected opposition alerted his employer to the Plaintiff’s reasonable belief that unlawful discrimination was at issue. The jury awarded Plaintiff $160,000.00 in back pay, $7,000.00 in past compensatory damages and $20,000.00 in future compensatory damages.
  • February 28, 2018. Alfonso Guzman v. Ysleta Independent School District; Cause No. 2017DCV1412. Age and gender discrimination/retaliation case in the 243rd Judicial District Court. The jury found that Plaintiff’s age and gender were “motivating factors” in Defendant’s decision to terminate Plaintiff’s employment and that Defendant would not have terminated Plaintiff’s employment in the absence of the impermissible motivating factors. The jury further found that Plaintiff had engaged in “protected conduct” and that Defendant terminated his employment because of Plaintiff’s opposition to a discriminatory practice.  The jury awarded Plaintiff $110,000.00 in back pay and $220,000.00 in compensatory damages. The Court awarded attorney’s fees in the amount of $197,690.50 and costs of court in the amount of $4,424.15.

2017

  • October 12, 2017. Roland Garcia v. Ahern Rentals, Inc.; Cause No. 2015DCV2490. Labor/retaliation case in County Court at Law # 7. The jury found Defendant retaliated against Plaintiff by terminating his employment because he instituted a workers’ compensation claim in good faith and the jury awarded Plaintiff $10,000.00 in future lost wages only.
  • April 13, 2017.  Patricia Maguregui v. ADP, LLC a/k/a ADP, Inc.; Cause No. EP-16-CV-121-PRM.  Wrongful termination case pursuant to the Americans with Disabilities Act.  Plaintiff alleged that she was subjected to a hostile work environment because of her disability.  The jury determined that Defendant was not liable and found no violation of the ADA.
  • January 20, 2017.  Monica Miranda v. County of El Paso, Texas; Cause No. 2011-2224.  Wrongful termination in the 171st Judicial District Court. Plaintiff alleged gender discrimination and retaliation. The jury found that Plaintiff’s gender was a motivating factor in the termination decision and found that the County of El Paso, Texas retaliated against her when she reported a discriminatory practice.  The parties stipulated to $200,000.00 in lost wages and the jury awarded $500,000.00 in past compensatory damages and $250,000.00 in future compensatory damages.  The Court also awarded attorney’s fees in the amount of $460,187.50 as well as anticipatory attorney’s fees in the event that Defendant files any post verdict motions, an appeal to the 8th Court and a petition for review to the Texas Supreme Court.  Finally, the Court ordered that Plaintiff be reinstated to her position.
  • January 12, 2017.  Genaro Flores v. Texas Department of Transportation; Cause No. 2014DCV1263.  Wrongful termination in the 171st Judicial District Court. Plaintiff alleged age discrimination. The jury found that Plaintiff’s age was a motivating factor in the termination decision and awarded $104,440.00 in lost wages, $50,000.00 in lost employment benefits, and $100,000.00 in compensatory damages. At the entry of judgment hearing, the Court ordered that Plaintiff be reinstated to his pre-termination position with Defendant and awarded Plaintiff’s counsel $256,410.00 in attorney’s fees, $10,500.00 for any post-verdict motions, $87,500.00 in the event of an appeal to the Court of Appeals, and $135,000.00 in the event of an appeal to the Supreme Court.

2016

  • November 18, 2016.  Ramona Diaz v. New Mexico State University; Cause No. CV-2015-01846.  Wrongful termination case in the 3rd Judicial District Court of Dona Ana County, New Mexico. Plaintiff alleged age, national origin/race discrimination, serious medical condition discrimination, and retaliation for reporting discrimination. The jury found that Defendant retaliated against Plaintiff for reporting discrimination and awarded $62.076.00 in lost wages and $100,000.00 in compensatory damages for emotional distress.
  • November 8, 2016.  Juan Rosales v. Global Alternative Fuels, LLC; Cause No. 2011DCV02179.  Wrongful termination case in the 41st Judicial District Court. Plaintiff alleged that he was terminated because he filed a good faith worker’s compensation claim. The jury found in favor of Plaintiff and awarded $25,000.00 in lost wages and $87,500.00 in compensatory damages.
  • May 19, 2016.  Ricardo Moreno v. Mimbela Contractors, Inc.; Cause No. 2013DCV1451.  Workers’ compensation retaliation case in the County Court at Law # 3.  The jury determined that Defendant did not discriminate against Plaintiff by terminating his employment because he instituted a workers’ compensation claim.
  • March 28, 2016.  Paul Quinones v. Alorica, Individually and d/b/a Alorica, Inc.; Cause No. 2012DCV6673.  Wrongful termination/national origin discrimination case in the County Court at Law # 3.  The jury determined Plaintiff’s national origin was a motivating factor in Defendant’s decision to terminate Plaintiff and that Defendant would not have terminated Plaintiff in the absence of the impermissible motivating factor. The jury awarded back pay of $5,581.00 and compensatory damages of $500,000.00 to Plaintiff.
  • February 25, 2016.  Cruz Trevizo v. Bouche Trucking; Cause No. 2013DCV3701.  Wrongful termination/age discrimination case in the County Court at Law # 6.  The jury determined that age was not a motivating factor in Defendant’s decision to terminate Plaintiff’s employment and rendered a verdict for the Defendant.
  • February 5, 2016. Mark Clark v. UPS Ground Freight, Inc. Cause No. EP-14-CV-0405-DCG. Wrongful termination case in the United States District Court for the Western District of Texas.  In determining that race was not a motivating factor in Defendant’s decision to terminate Plaintiff’s employment, the jury found in favor of Defendant.

2015

  • September 15, 2015.  Maria L. Bueno v. H.B. Electronics, Inc. and H.B. Electronics; Cause No. 2012DCV03302.  Wrongful termination case in the 448th Judicial District Court.  Jury found Defendant liable and awarded $110,062.44 in back pay; $15,000.00 in compensatory damages; and $100,000.00 in front pay.  Judge awarded Plaintiff’s counsel $111,650.00 in attorney’s fees.
  • August 27, 2015. Miguel N. Dekony v. W. Silver Recycling, Inc.; Cause No. 2011-2708.  Wrongful termination/retaliation claim under Chapter 21 of the Texas Labor Code in County Court at Law # 7.  Jury found in favor of Defendant.
  • January 25, 2015. Noemi E. Chavez v. EL Paso County Hospital District d/b/a University Medical Center of El Paso and UMC of El Paso; Cause No. 2012DCV06654. Wrongful termination case in the 327th Judicial District Court.  The jury found Defendant liable and awarded damages of $82,000.00 in back pay; $45,000.00 in compensatory damages; and $65,000.00 in front pay.  Judge awarded Plaintiff’s counsel $132,000.00 in attorney’s fees.