Vasquez v. Bannworths, Inc.

707 S.W.2d 886 (1986)

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Nature of the Case

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Facts

P worked for D for several different seasons each year for nine consecutive years. P became an active member in the UFW, a labor union, and began to complain to UFW representatives about the lack of sanitation at D's' facilities. Employees were required to share a common drinking cup and that the portable restroom facilities provided for the workers in the fields were filthy and did not comply with certain minimum health and sanitation standards which had been promulgated by the Texas Health Commissioner. Two County Health Department sanitation engineers came to D's fields. Later that same day, P was fired from her job. P sued seeking damages for lost wages and an injunction to refrain D from violating the Texas Right-to-Work Law (Act). The statute prohibits an employer from denying a person the right to work on account of membership or non-membership in a labor union. The jury found for P. The jury awarded P $3,000 in lost wages from the time she was fired until suit was filed. Based on the jury's finding of probable, continuing, future injury and recognizing P would suffer continuing, immediate and irreparable harm without an adequate remedy at law, the trial court awarded injunctive relief. D was enjoined from terminating, suspending, discriminating against, or threatening to terminate, suspend or discriminate against P because of her union membership. But D had no obligation to rehire P. P appealed, and the court affirmed, and P appealed.