PJC Business

PJC 107.4

E MPLOYMENT

The substance of the permissive inference portion of the question is derived from Ratliff v. City of Gainsville , 256 F.3d 355, 360–62 (5th Cir. 2001), and Reeves v. Sand erson Plumbing Products, Inc. , 530 US 133, 148 (2000). Broad-form submission. PJC 107.4 is a broad-form question designed to be accompanied by one or more appropriate instructions. Tex. R. Civ. P. 277 requires that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Tex. R. Civ. P. 277; see Thota v. Young , 366 S.W.3d 678, 689 (Tex. 2012) (rule 277’s use of “whenever feasible” mandates broad-form submission in any or every instance in which it is capable of being accomplished). For further discussion, see PJC116.2 regarding broad-form issues and the Casteel doctrine. Provisions of Whistleblower Act. The Texas Whistleblower Act is found at Tex. Gov’t Code §§ 554.001–.010. A state or local governmental body may not terminate, suspend, or otherwise discriminate against a public employee who in good faith reports a violation of law to an appropriate law enforcement authority. Tex. Gov’t Code §554.002; University of Texas Southwestern Medical Center v. Gentilello , 398 S.W.3d 680, 683 (Tex. 2013); see also Winters v. Houston Chronicle Publishing Co. , 795 S.W.2d 723, 724–25 (Tex. 1990) (declining to extend Whistleblower Act to pri vate sector employees); accord Austin v. Healthtrust, Inc.—The Hospital Co. , 967 S.W.2d 400, 401 (Tex. 1998) (reaffirming Winters ’s refusal to recognize common-law whistleblower action). Appropriate law enforcement authority. Whether the person or entity to which the employee made the report is “an appropriate law enforcement authority” may be a question of law. Texas Department of Transportation v. Needham , 82 S.W.3d 314, 318–20 (Tex. 2002). However, an employee may pursue a cause of action if he had a good-faith belief that the governmental entity to which he reported a violation of law was the appropri ate law enforcement authority as the statute defines the terms even if the entity, as a matter of law, is not an appropriate law enforcement authority. Tex. Gov’t Code § 554.002; Needham , 82 S.W.3d at 320–21. If a fact question exists about whether the employee had such a good-faith belief, the Committee recommends that the following question and instruction be submitted to the jury: QUESTION ______ Did Paul Payne have a good-faith belief that the governmental entity to which he reported a violation of a law was an appropriate law enforcement authority? “Good-faith belief” in this question means that— 1. Paul Payne believed that the governmental entity was authorized to (a) regulate under or enforce the law alleged to be

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