CompFox AI Summary
Joseph Earl Cavender, the appellant, sued Houston Distributing Company, Inc. for wrongful termination, alleging a violation of section 451.001 of the Texas Labor Code. Cavender was terminated after missing more than 180 consecutive days of work due to a work-related injury and subsequent workers' compensation claim. The employer's policy was to discharge employees with over 180 consecutive days of absence. A jury found in favor of the employer, concluding that Cavender was not discharged because he filed a workers' compensation claim. The appellate court affirmed the trial court's take-nothing judgment, citing established Texas Supreme Court precedent that uniform enforcement of reasonable absence-control provisions does not constitute retaliatory discharge.
Cavender v. HOUSTON DISTRIBUTING CO., INC. is a workers' compensation case decided in Texas Court of Appeals, 1st District (Houston). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 1st District (Houston).
Full Decision Text1 Pages
Joseph Earl Cavender, the appellant, sued Houston Distributing Company, Inc. for wrongful termination, alleging a violation of section 451.001 of the Texas Labor Code. Cavender was terminated after missing more than 180 consecutive days of work due to a work-related injury and subsequent workers' compensation claim. The employer's policy was to discharge employees with over 180 consecutive days of absence. A jury found in favor of the employer, concluding that Cavender was not discharged because he filed a workers' compensation claim. The appellate court affirmed the trial court's take-nothing judgment, citing established Texas Supreme Court precedent that uniform enforcement of reasonable absence-control provisions does not constitute retaliatory discharge.
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