PJC Business

D AMAGES

PJC 115.26

award of exemplary damages is set out in Tex. Civ. Prac. & Rem. Code § 41.003(a). See PJC 115.37. Cf. Azar Nut Co. v. Caille , 734 S.W.2d 667, 669 (Tex. 1987) (exemplary damages are within article 8307c (now Tex. Lab. Code § 451.001) “reasonable damages suffered by employee” terminated in a retaliatory manner). If exemplary damages are recoverable, see PJC 115.38. After-acquired evidence of employee misconduct. If the employer has pleaded the discovery of evidence of employee misconduct acquired only after the employee’s employment was terminated, see PJC 107.8 for the applicable instruction.

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