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Montgomery County Hospital Dist. v. Smith12/15/2005
The trial court denied a plea to the jurisdiction filed by the Montgomery County Hospital District (hereafter "MCHD"). The MCHD appeals the trial court's denial. We reverse and render.
In this suit, Tonya Smith, formerly employed by the MCHD, alleges the hospital terminated her in violation of Section 554.002(a) of the Whistleblower Act. Tex. Gov't Code Ann. ยงยง 554.001-.010 (Vernon 2004). Smith contends that her termination occurred as a consequence of her report to one of MCHD's board members that James Hamilton, MCHD's CEO, entered into a contract to sell a building owned by the MCHD. Smith alleges that her report of the MCHD's entering into this contract resulted in a change in attitude toward her by Hamilton, and led to a concerted effort in which he sought to find "any item to criticize" her.
Several months later, Smith claims that Hamilton reassigned her from her duties as a liaison between the MCHD's board and its employees to duties in a storage warehouse. On November 20, 2003, seven days after being reassigned to the warehouse, Smith asserts that Hamilton fired her under the pretext that "[it's] just not working out." The MCHD denied Smith's claims, and asserted that Smith's termination was based on her poor job performance and conduct unrelated to her retaliation claim.
Following her termination, the MCHD offered Smith a severance package. The MCHD offered to continue to pay Smith through the end of December, 2003 or for approximately six weeks following her termination, in exchange for a release of her claims. Ultimately, Smith rejected the MCHD's severance offer.
On December 1, 2003, Smith alleges that she requested Hamilton, MCHD's CEO, to "reconsider his decision." On that date, Smith e-mailed a request to Hamilton. Smith's request is central to the resolution of the issues on appeal. Her e-mail to Hamilton states:
From: Tonya Smith [e-mail address deleted]
Sent: Monday, December 01, 2003 9:49 AM
To: Hamilton, James
Subject: Release of Claims
Importance: High
Mr. Hamilton,
I hope that you had a good holiday with your family. I have spoken to Stacy regarding the release of claims document. She told me that you were standing by the number of 4,200 for my release. I am sincerely asking you to please reconsider. I know that you have a good heart and that is why I am even asking again. It would help my family out tremendously with the upcoming holidays and such to have the extra monies to keep us afloat for a little while. Again, I am sincerely asking to please, please reconsider. When I spoke to Greg he said that you were able to, but had to make the decision. I enjoyed working with you and the organization and am truly sorry for the way things worked out.
Please let me know so I may come to the District to finalize ever thing.
Sincerely,
Tonya
The parties disagree on the meaning of Smith's December 1, 2003 e-mail to Hamilton. Smith contends her e-mail constituted an appeal of Hamilton's decision to terminate her employment. On the contrary, the MCHD contends the e-mail was not an appeal of Smith's termination and points to Smith's deposition testimony where Smith testified she did not intend her December 1, 2003 e-mail to constitute an appeal of her termination.
Alternatively, if the December 1, 2003 e-mail is not sufficient to constitute an appeal of Smith's termination, Smith invites us to create a judicial exception to Section 554.006 of the Texas Government Code, wherein the Legislature requires that a public employee invoke the applicable grievance or appeal procedure
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