Court of Appeals of Texas, Dallas.
Frankie Lynn Garrett HIGH, Appellant.
v.
PARKLAND MEMORIAL HOSPITAL, Appellee.
No. 05-97-01028-CV.
|
Nov. 4, 1999.
Before Justices MOSELEY, BRIDGES, and FARRIS.1
MEMORANDUM OPINION
FARRIS.
*1 We withdraw our opinion of October 27, 1999 and substitute this opinion in its place. This is an appeal from an order granting a summary judgment in favor of the employer Parkland Memorial Hospital (Parkland), in a suit brought by Frankie Lynn Garrett High (High) under section 451 of the Texas Labor Code for wrongful constructive termination in retaliation for having filed a workers’ compensation claim. We affirm.
Section 451.001 of the Texas Labor Code provides that an employer may not discharge or in any other manner discriminate against an employee because the employee has filed a workers’ compensation claim in good faith. High contends that Parkland’s actions forced her to resign for fear of losing for benefits and thus was constructively discharged.
Constructive discharge occurs when an employer makes conditions so intolerable that an employee reasonably feels compelled to resign. Hammond, 821 S.W.2d at 177; Ugalde v. W.A. McKenzie Asphalt Co., 990 F.2d 239, 242 (5th Cir.1993). It is necessary to examine the conditions imposed, not the employer’s state of mind. Bourque v. Powell Elec. Mfg. Co., 617 F.2d 61, 65 (5th Cir.1980). High contends that Parkland established a pattern of discrimination when it continually lost her paperwork, sent her certified letters informing her that her position would be posted and gave other employees accommodations to go back to work. She further alleges that the cumulative effect of Parkland’s action caused High to fear the loss of benefits and she felt compelled to resign. In viewing the evidence presented by High in a light most favorable to her, we find that the conditions complained of are not so intolerable that an employee would reasonably feel compelled to resign. Thus we conclude that there was no constructive termination.
We affirm the trial court’s Summary Judgment.
Footnotes |
||
|
1 |
The Honorable David F. Farris, Former Justice, Second District Court of Appeals, Fort Worth, Texas sitting by assignment. |
|