Court Case Summary
MLF LEGAL IS A
NO-WIN NO FEE LAW FIRM
Green v. Lowe’s Home Centers, Inc.
Citation:
Green v. Lowe’s Home Centers, Inc., 199 S.W.3d 514 (Tex. App.—Houston [1st Dist.] 2006, pet. denied).
Court:
Court of Appeals of Texas, First District (Houston).
Facts
- Employment: Robert Green was hired in 1999 as a sales specialist in the appliance department at Lowe’s in Houston. His duties included selling appliances, retrieving them from storage, and moving them around the store.
- Injury Event: In June 2003, while performing his job, a refrigerator fell on Green, severely injuring his hand.
- Immediate Response: The store manager provided Green with a Lowe’s credit card to pay for emergency treatment. Lowe’s filed a workers’ compensation claim on his behalf, and Green received medical leave and benefits.
- Return to Work: By late August 2003, his physician released him with restrictions: no pushing, pulling, lifting, climbing, grasping, or operating heavy machinery.
- Modified Duty: Lowe’s offered him a light-duty position as a door greeter, which paid about 37% less than his sales specialist role. Green testified that HR also told him he could remain a sales specialist at his pre-injury pay, but with accommodations.
Procedural History
- Green later alleged that Lowe’s terminated him in retaliation for filing a workers’ compensation claim, in violation of Texas Labor Code § 451.001.
- Lowe’s argued he was terminated for violating its sexual harassment policy, not for filing a claim.
- The trial court granted summary judgment for Lowe’s.
- Green appealed.
Issue
Whether Green raised a fact issue showing a causal link between his workers’ compensation claim and his termination sufficient to survive summary judgment.
Holding
The Court of Appeals affirmed summary judgment for Lowe’s. Green failed to produce more than a scintilla of evidence that his termination was retaliatory rather than based on Lowe’s stated reason (alleged sexual harassment).
Key Takeaways
- Mechanism of Injury: The injury occurred when a refrigerator fell on Green’s hand while he was performing his appliance sales duties.
- Legal Significance: The case illustrates how Texas courts analyze retaliatory discharge claims under Labor Code § 451.001. Even when an employee sustains a clear workplace injury and files a comp claim, the employee must show evidence of a causal link between the claim and termination.
- Practical Point: Employers can defeat retaliation claims if they provide a legitimate, non-retaliatory reason for termination and the employee cannot raise a fact issue of pretext.
Quick Reference:
- Injury: Refrigerator fell on employee’s hand (workplace accident).
- Claim: Retaliatory discharge after workers’ comp claim.
- Defense: Termination for sexual harassment policy violation.
- Outcome: Summary judgment for employer affirmed.