We thought the Texas Whistleblower Act protected all public workers who, in good faith, report wrongdoing by another employee or by the government entity that employs them.
We were wrong.
Two former Denton city employees, Michael Grim and Jim Maynard, were fired after they went to the city attorney with an allegation of misconduct against a Denton City Council member. They sued the city under the whistleblower law and won a $4 million judgment at the trial court. The appellate court confirmed the ruling, but the Texas Supreme Court overturned the judgment in May of last year. The reversal hinged on a creative misinterpretation of the existing statute that House Bill 1232, by Rep. Chris Turner, D-Grand Prairie, aims to clarify.
According to the high court, the terminated employees had no legal recourse because the unpaid elected official was not acting in an official capacity when she allegedly violated the law. After listening to the whistleblowers’ testimony at a House State Affairs Committee hearing this month, Rep. Rafael Anchia, D-Dallas, was incredulous.
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