Facilities for Individuals with an Intellectual Disability
Doyle Dennis Avery LLP represents employees of Intermediate Care Facilities for Individuals with an Intellectual Disability
What entities are covered?
Tex. Health & Safety Code § 252.132 protects employees of facilities for Individuals with an Intellectual Disability. Texas law defines these facilities as a home or an establishment that:
- Furnishes food, shelter, and treatment or services to four or more individuals unrelated to the owner;
- Is primarily for the diagnosis, treatment, or rehabilitation of individuals with an intellectual disability or related conditions; and
- Provides in a protected setting continuous evaluation, planning, 24-hour supervision, coordination, and integration of health or rehabilitative services to help each resident function at the resident’s greatest ability.
What is Protected?
Texas law protects employees o of facilities for Individuals with an Intellectual Disability for:
- Reporting to the employee’s supervisor, an administrator of the facility, a state regulatory agency, or a law enforcement agency a violation of law, including a violation of this chapter or a rule adopted under this chapter; or
- Initiating or cooperating in any investigation or proceeding of a governmental entity relating to the care, services, or conditions at the facility.
What is wrongful termination or retaliation?
Texas law prohibits an employer or the owner of a facility, or another employee of the facility from suspending or terminating the employment of the employee or otherwise disciplining, discriminating against, or retaliating against the employee.
How do I prove wrongful termination or retaliation?
Just like some of the other Occupational code protections, Texas law creates a rebuttable presumption of retaliation, so long as the person is suspended or terminated within 60 days after the date on which the person reported in good faith.
What other claims are available?
In addition to this protection, an employee may have other causes of actions available, including a Sabine Pilot retaliation claim, tortious interference, and defamation.
What are the deadlines for filing a wrongful termination or retaliation claim?
An employee must file a lawsuit within 90 days of receiving notice of the adverse action against them. Or, alternatively, the employee must notify the Texas Workforce Commission of the petitioner’s intent to sue under this section. A petitioner who notifies the Texas Workforce Commission under this subsection must bring suit not later than the 90th day after the date of the delivery of the notice to the commission. On receipt of the notice, the commission shall notify the facility of the petitioner’s intent to bring suit under this section.
What Damages are available?
Under Texas law, employees may recover actual damages, including damages for mental anguish, exemplary damages, court costs, and reasonable attorney’s fees.
