Category Archives: New Blog

Texas employers often tell their employees that they are working “at will” as a means to suggest Texas employers are free at any time to take any action against an employee, including firing them. However, Texas law has various protections for injured workers, including Texas Labor Code, Section 451.001. The protections and legal analysis of a potential wrongful termination or discrimination claim does not stop there and includes various protections for employees injured while on the job.

Specifically, the Texas Labor Code forbids an employer from wrongfully terminating or retaliating against an employee for initiating and/or filing a workers’ compensation claim. Based upon this law, Doyle Dennis Avery LLP has recently filed suit against Michael McCreery d/b/a B-Mac Company. Doyle Dennis Avery LLP ’s client was a loyal and hard-working employee of B-Mac company who on or about August 21,2018 sustained a lifting injury to his neck and back while working on the job. Doyle Dennis Avery LLP ’s client reported this injury to his superiors and employer as is required for Texas workplace injuries. Texas employees who are injured while performing their work duties are granted certain protections for workers’ compensation. Under Texas law, a workers’ compensation claim is the primary way that Texas workers’ receive benefits, including medical and income benefits after they are injured at work. Without these protections and benefits guaranteed under the Texas Labor Code, Texas workers would have to fend for themselves after an injury they sustained on the job that may impair their ability to continue work in the near future or long-term.

After Doyle Dennis Avery LLP ’s client suffered the work injury and reported it to his employer he was met with hostility, harassment and ultimately terminated on or about September 28,2018. Simply pursuing a workers’ compensation claim for an on the job injury under Texas law cannot be met with negative actions or termination. Doyle Dennis Avery LLP has filed suit on behalf of this injured worker to protect his right against wrongful termination under the Texas Labor Code. The suit seeks lost wages, future lost earning capacity, mental anguish damages, pain and suffering, and punitive damages arising from the wrongful firing.

Doyle Dennis Avery LLP ’s lawyers strongly believe in the importance of protecting injured workers, who suffer from retaliation or discrimination. Nobody should lose their job or face further repercussions for simply doing their job and what is legally allowed of them after a workplace injury. If you have been the victim or workplace discrimination or wrongful termination, call us today for a no-cost initial evaluation of your potential legal rights and remedies.

On June 3^rd, 2021 The Texas Fourteenth Court of Appeals affirmed a $1.7 million dollar judgement in favor of Doyle Dennis Avery LLP ’s client Joseph Ball against Alleyton Resource Company LLC. Doyle Dennis Avery LLP ’s team of attorneys in Ball v. Alleyton Resource Company LLC had successfully presented the case to a Fort Bend County District Court Jury who on July 26,2019 awarded Mr. Ball with $1,706,187 in damages, including $164,168 in past wages, $675,519 in future lost wages, $100,000 in past mental anguish, $16,500 in future mental anguish, and $750,000 in punitive damages. The judgement also will come with a substantial amount of interest owed on the $1.7 million dollar judgement over the last couple years. The jury found that Alleyton Resources retaliated and wrongfully terminated Mr. Ball for instituting procedures under the Texas Worker’s Compensation Act.

Doyle Dennis Avery LLP ’s client drove a ready-mix concrete truck and worked for Alleyton for nearly a decade. After suffering a workplace injury, Mr. Ball instituted worker’s compensation proceedings. As a result, Doyle Dennis Avery LLP ’s client was fired. Doyle Dennis Avery LLP ’s team presented evidence in the prior trial that Alleyton Resource Company LLC violated its internal policies, concealed the reason for Ball’s termination, contradicted its basis for the firing, and failed to timely and accurately document the termination.

The Fourteenth Court of Appeals found no error in the previous jury trial and their final judgement in Ball v Alleyton. It further rejected Alleyton’s arguments such as that the admissible evidence is factually insufficient to support the jury’s findings that Alleyton terminated Ball because he had instituted a proceeding under the Texas workers’ compensation statute. Alleyton also asserted that a trial court abused its discretion when it admitted the claims diary into evidence over a hearsay objection, but this argument too was rejected by the Appeals Court. Furthermore, Alleyton in their appeal objected to the jury’s exemplary damages award and its inability to offer certain instructions in the jury charge. The Texas Fourteenth Court of Appeals further rejected these arguments in upholding the prior judgement in favor of Doyle Dennis Avery LLP ’s client.

Doyle Dennis Avery LLP ’s client will now be owed not only the initial $1.7 million dollar judgement but also significant interest earned on that amount as well. Doyle Dennis Avery LLP ’s team of experienced trial attorneys and staff are proud of their work once again in helping their clients receive adequate compensation and financial support after a life changing work accident. Doyle Dennis Avery LLP is proud of their track record in not just this case but the hundreds of cases over previous decades successfully pursued by our team. If you suffer a workplace injury then are retaliated against as a result, please contact the experienced trial attorneys at Doyle Dennis Avery LLP to help you pursue the justice you deserve. Our team is eager to continue fighting for clients we believe in their quest for justice. Call today and schedule a free consultation with our team of experienced trial attorneys!

Doyle Dennis Avery LLP is pleased to announce that Emma Brockway has joined the firm as an Associate Attorney. Emma joined the firm as a Law Clerk during her first summer in law school. While working for Doyle Dennis Avery LLP, she discovered her passion for helping individuals and returned to work at the firm every subsequent year.

Since joining Doyle Dennis Avery LLP as an Associate Attorney, Emma has zealously advocated for employees, including health care workers, who were wrongfully fired or otherwise retaliated against by their employers. Her practice also includes representing individuals in insurance bad faith cases, civil rights litigation, and general personal injury lawsuits. Emma received her B.A. in English from Texas State University and her J.D. from the University of Houston Law Center.

Doyle Dennis Avery LLP is proud to welcome Emma to the firm.

Visit Michael’s Page

Visit Patrick’s Page