PJC Business

E MPLOYMENT

PJC 107.4

violated in the report or (b) investigate or prosecute a violation of criminal law; and 2. his belief was reasonable in light of his training and expe rience. Answer “Yes” or “No.” Answer: _______________ See McMillen v. Texas Health & Human Services Commission , 485 S.W.3d 427, 429 (Tex. 2016) (citing Needham , 82 S.W.3d at 320, and discussing the requirements for establishing a good-faith belief that the governmental entity to which an employee reported a violation of law was an appropriate law enforcement authority in the con text of Tex. Gov’t Code § 554.002(b)). Good faith. PJC 107.4 specifically applies to lawsuits against public employers pursuant to the Texas Whistleblower Act, which provides that a “state or local govern mental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropri ate law enforcement authority.” Tex. Gov’t Code §554.002(a). Actions may be brought against private employers pursuant to statutes such as the Texas Commission on Human Rights Act (now Texas Labor Code chapter 21), the Texas Workers’ Com pensation Act, and the Texas Health and Safety Code. See Tex. Lab. Code ch. 21 (for merly Texas Commission on Human Rights Act); Tex. Lab. Code §§451.001–.003 (Texas Workers’ Compensation Act); Tex. Health & Safety Code § 161.134. However, these statutes do not contain the “good faith” language. Other retaliation statutes. The Committee has not provided pattern jury charges for every statutory prohibition against retaliatory discharge. Other such statutes include— • Tex. Agric. Code §125.013(b) (agricultural laborer for reporting viola tion of Agricultural Hazard Communication Act); • Tex. Civ. Prac. & Rem. Code § 122.001 (jury duty; criminal statute); • Tex. Elec. Code §276.001 (voting for certain candidate or proposition or refusing to reveal how one voted); • Tex. Fam. Code §158.209 (child support or child custody order or writ relating to an employee); • Tex. Health & Safety Code §161.134 (employees of hospital, mental health facility, or treatment facility reporting violation of law or rule);

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