PJC Business

E MPLOYMENT

PJC 107.4

PJC 107.4

Question and Instruction on Retaliation under Texas Whistleblower Act

QUESTION ______ Was Paul Payne ’s report [ insert matter reported ] made in good faith and a cause of Don Davis ’s [ terminating, suspending, or (describe other adverse employment action) ] Paul Payne ? The report was a cause of the [ termination, suspension, or (describe other adverse employment action) ] if it would not have occurred when it did but for the report being made. Paul Payne does not have to prove the report was the sole cause of the [ termination, suspension, or (describe other adverse employ ment action) ]. If you do not believe the reason[ s ] Don Davis has given for [ terminating, suspending, or (describe other adverse employment action) ] Paul Payne , you may, but are not required to, infer that Don Davis would not have [ terminated, suspended, or (describe other adverse employment action) ] Paul Payne but for his report. “Good faith” means that (1) Paul Payne believed that the conduct reported was a violation of law and (2) his belief was reasonable in light of his training and experience. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 107.4 should be used if a violation of Tex. Gov’t Code §554.002 is alleged. If the existence of an adverse personnel action is in dispute, a finding in addition to PJC 107.4 is necessary. Source of question and instruction. PJC 107.4 is derived from Tex. Gov’t Code §554.002 and Texas Department of Human Services v. Hinds , 904 S.W.2d 629 (Tex. 1995). The substance of the instruction was adopted by the supreme court in Wichita County v. Hart , 917 S.W.2d 779, 784–85 (Tex. 1996). See El Paso Healthcare System, Ltd. v. Murphy , 518 S.W.3d 412, 419 (Tex. 2017). The question specifically requires the jury to find causation. See City of Fort Worth v. Zimlich , 29 S.W.3d 62, 68 (Tex. 2000) (“If an employee who reports illegal conduct can recover without evidence of causation, it would effectively give the employee life tenure.”).

301