Case Of Estrada Vs. Wide Open Spaces

Superior Essays
STATEMENT OF FACTS
The plaintiff, Adrianna Estrada (“Estrada”) filed a complaint against the defendant, Wide Open Spaces Entertainment (“Open Spaces”) who own and operate (“The Continental”), an Austin, Texas Nightclub where Estrada used to be employed. Estrada claims that Rand E. Travis (“Travis”), manager of The Continental, discharged her in retaliation to a workers’ compensation claim.
Estrada, a resident of Austin, makes a living singing and performing for local audiences. Specifically specializing in the sights, sounds, and styles of Carrie Underwood. Estrada takes pride in not only providing a nearly identical audible representation of the famed country great, but accentuates her striking resemblance by dawning Underwood’s essential
…show more content…
Echostar, 394 S.W.3d at 291; Willis, 282 S.W.3d at 549. In Echostar, the court permitted an employee’s testimony claiming that he never saw an employee work post injury, stating they were “in the shop or gone.” 394 S.W.3d at 291. This testimony was allowed because his it offered relevant evidence without in turn offering unsupported factual or legal conclusions. Id.. In Willis, the court dismissed witness testimony due to its conclusory nature based on their opinion that the company “has a negative attitude regarding injuries and the filing of workers’ compensation claims.” 282 S.W.3d at 549. These courts held that in order to be admissible, evidence must directly support the complaint without offering unsupported factual and legal conclusions. Echostar, 394 S.W.3d at 291; Willis, 282 S.W.3d at …show more content…
In his deposition, Travis stated that he believed Estrada was “being melodramatic about” her injury, and confirmed that he told her to “do what [she is] paid to do.” Unlike the court in Echostar, that held that a negative attitude was present when an employer was shown to have a pattern of hostility towards injured employees, the court will not likely hold that Travis did not express such a pattern, as no evidence shows a discriminatory history on his behalf. See, 394 S.W.3d at 291. On the other hand, the court in Wyler held that a requisite negative attitude towards the protected class to be when an employer testified that he “didn’t want workers that made it a lifestyle out of filing workers’ compensation claims,” because the negative comments displayed a negative attitude towards the protected class. 999 S.W.2d at 501 In regards to the case at hand, the court will likely hold negative attitude to be present when Travis stated that he “could not respect people who [take] welfare from the government,” because they too display a negative attitude towards the employee’s protected class. Id. The court will likely find that Travis, with authority to terminate, displayed a sufficient negative attitude towards the employee’s protected class and

Related Documents

  • Superior Essays

    Carrie Underwood was born on March 10, 1983 in Muskogee, Oklahoma. She is the daughter of Carole and Stephen Underwood. She was raised on her parents' farm in Checotah, Oklahoma, near Muskogee. Both of her parents worked. Her mother taught elementary school and her father worked in a sawmill. She is the youngest of three girls. Her sisters’ names are Shanna and Stephanie. She starting singing at the age of 3 and during her childhood, Underwood performed at Robbins Memorial Talent Show and at her local church. She later sang for local events in Checotah, including Old Settler's Day and the Lion's Club (Biography Today, 2007).…

    • 1482 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Legal History: Howard D. Brunson the plaintiff filed a four count complaint in the Supreme Court of New Jersey against Affinity Federal Credit Union and Wilcox for being liable to him for malicious prosecution (Count 1); That Wilcox was liable to plaintiff to negligence (Count 2): That Affinity was liable to plaintiff in hiring of Wilcox (Count 3); and that the person who actually committed the crime was liable to the plaintiff in negligence. (Count 4). Affinity and Wilcox moved for entry of summary judgement in their favor and wanted the case dismissed because they plaintiff had failed to appear for a deposition or a response to a notice which was in lieu of subpoena. Even though the plaintiff objected the trial court granted both motions. The plaintiff appealed to the Supreme Court of New Jersey and the appellate Division reversed and remanded.…

    • 1124 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The case Robertson verses Hunter Panels LLC and Carlisle Construction Materials Inc., was a civil rights – Title VII Employment – Retaliation, workplace Harassment, Gender Discrimination suit. Sandra Robertson had worked for Hunter Panels LLC since 2006. Robertson filed a lawsuit against Hunter Panels LLC and Carlisle Construction Materials Inc. in April 2013, for harassment on the job, and gender discrimination. Mrs. Robertson was fired in 2012, after telling a human resource employee that gender discrimination was a on going problem at Hunter Panels LLC (Packel, 2016).…

    • 766 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Supreme Court’s decision in the case of Hoffman Plastic Compounds v. NLRB, 535 U.S. 137, 122 S. Ct. 1275, 152 L.Ed.2d 271 (2002), Mr. Castro was fired for his organizing activities, which he was unlawfully terminated (“Undocumented Workers”., n.d.). “The National Labor Relations Board, the agency that administers the NLRA, ordered the employer to cease and desist, to post a notice that it had violated the law and to reinstate Mr. Castro, and to provide him with back pay for the time he was not working because he had been illegally fired (“Undocumented Workers”., n.d., p. 5.).” In the Court proceeding it was stated that Mr. Castro was an illegal alien who had used false documents to his employer (“Undocumented Workers”., n.d.). The Supreme Court ruled that under the IRCA, against the ruling of the National Labor Relation Board, the Court denied back pay to undocumented workers, because back pay would compensate the illegal aliens for work they were unlawfully performing (“Undocumented Workers”., n.d.). “Additionally, the Court noted that the employer was not getting off scot-free because it was still subject to the cease and desist order as well as the notice order” (Rice, 2002, para.…

    • 692 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Another case that was reviewed is Alaimo v. Thompsonville Fire District #2 and Colleen Ann Reidy. This case involves allegations against the employer Thompsonville Fire District #2 and a Commissioner of said district, Colleen Ann Reidy, that they violated Chief Francis Alaimo’s rights under Section 504 of the Federal Rehabilitation Act of 1973, 29 USC § 791 et seq. and the Connecticut State law claims for Workers Compensation Retaliation, Connecticut General Statue § 31-290a, on failure to pay wages and Conn. Gen. Stats 31-76b false light invasion of privacy. Additionally, Alaimo alleges violations of 29 USC § 791 based on federal labor laws, related to Fair Labor…

    • 1242 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Kathleen Bosko

    • 1633 Words
    • 7 Pages

    In Latowski, the defendant claims that the plaintiff’s employment was terminated because she had a lifting restriction due to her pregnancy. The plaintiff disputes this proffered reason by claiming that discriminatory statements made against her show the actual motivation for her termination was in fact her pregnancy. This is very similar to the current case because even though the Defendant has stated that the travel accommodations were denied to the plaintiff because she lacked seniority, made her request after Johnathon Myers, and because no other Master Sculptor was available to complete the project, there were also discriminatory remarks made by Kathleen Bosko. These comments were made right after the Plaintiff requested accommodations and included Bosko reminding the Plaintiff that as a Master Sculptor at Bosko Arts Inc,, she holds a “plum position” in the art world and enjoys “steady employment and employment benefits.” Furthermore, in the case of Latowski, the remarks were made by individuals who were involved in or could influence the decision making of the adverse employment conduct, namely Judy Doyle and Rick Ackerman. Similarly, Kathleen Bosko, the owner of Bosko Arts and the sole individual in charge of denying accommodations to the Plaintiff, made the remarks to the Plaintiff. Also, the remarks were made directly to the plaintiff in Latowski by Doyle, Ackerman, and…

    • 1633 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Allen Lopez Case Summary

    • 828 Words
    • 4 Pages

    The respondent cannot be legally fired for opposing or disliking the alleged unlawful employment practices. Title VII of the Civil Rights Act of 1964: “This law makes it illegal to discriminate against someone on the basis of race, color, religion national origin, or sex” (U.S. Equal Employment Opportunity Commission, n.d., para. 1). Private sector employees do not have First Amendment Right protection from retaliation nor does the freedom of speech apply (Workforce Fairness,…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Jon M. Espinoza's Case

    • 408 Words
    • 2 Pages

    Espinoza stated that on the claimant’s LDW 11-25-2015, she was told by Supervisor Navarrete that he had information from the claimant showing that he had a pre-existing industrial back injury. When Ms. Espinoza questioned Mr. Navarrete about the information he allegedly received from the claimant, Mr. Navarrete told her that on 11-25-2015, when the claimant had asked for a day off, he mentioned to him that he needed to see his doctor for an industrial related injury, which occurred when he was employed by a car dealership. The claimant did not specify the name of the car dealership where the injured occurred, but did state that he injured his spine and the discs in the middle of his back (Ms. Espinoza stated that our office needed to interview Mr. Navarrete in regards to the allegations made by the claimant).…

    • 408 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    The defendant - Annette Phillips - had been employed by Hooters in Myrtle Beach, South Carolina. The plaintiff of the case was Hooters of America, Inc. When she was hired by Hooters Annette Phillips signed an arbitration agreement as part of her employment contract. This agreement stated that any conflict that arose between her and the employer would be handled through an arbitration process. Inside this agreement Hooters had listed their arbitration procedures. Along with this, Hooters had the ability to change these procedures if/when they felt it was necessary based on the conflict, etc. Annette was unaware of these circumstances because she had not been shown all of this information until after the contract had been signed. Annette Phillips was allegedly sexually harassed in the Hooters restaurant which she had been working in. Because of this situation she quit working for Hooters and attempted to sue them, to which they responded with a declaratory action and motion for an arbitration.…

    • 474 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Plaintiff, Anthony Bell was denied workers’ compensation by his employer, Safe Place Children’s Home, the defendant. He now requests that the Deputy Commissioner of the North Carolina Industrial Commission award him Workers’ Compensation for the injury to his right rotator cuff sustained at the mandatory annual picnic held by his employer because although it was a recurring injury, it was one that was aggravated by an accidental injury that arose out of and in the scope…

    • 2080 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Harco Case Study

    • 664 Words
    • 3 Pages

    The witness was a passenger on the upper deck and was struck in the face by a tree branch sustaining a disfiguring facial injury. The witness tried the case against the insured and was awarded a verdict of $3,515,986 (claim # 22717*2013*16). Based on the events of this loss, the plaintiff’s counsel will argue, the insured had prior notice and failed in their duty to warn their passengers of the hazardous condition. The other issues that were detrimental to the insured’s defense, was the safety manager’s testimony; who acknowledged, the insured’s maintenance department was directed to post warning signs on the bus, however, this was never…

    • 664 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Dr. Stout’s alleged harm consists of the following: lost wages, foregone employment opportunities, and expenses incurred in defending this case. These alleged injuries do not sufficiently impact commerce. They are related to Dr. Stout’s employment relationship, which cannot form the basis for a UDTPA claim. Accordingly, dismissal for a third-party claim under UDTPA is appropriate…

    • 242 Words
    • 1 Pages
    Improved Essays
  • Great Essays

    Sam Clover Case Study

    • 1712 Words
    • 7 Pages

    In Neighbarger, the plaintiffs were employees at Powerine Oil Company as safety supervisors. Id. at 534. Neighbarger had special training in industrial firefighting and Magana had training in emergency response to toxic spills and petroleum firefighting. Id. Both man’s job duties required them to respond to emergencies at the Powerine Refinery and participate in the Powerine fire brigade.…

    • 1712 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Sagittarius Brands Essay

    • 1953 Words
    • 8 Pages

    The woman, Claudia Melesio-Rojas, then chose to sue that Del Taco location in Oregon for almost $250,000, after having worked for Del Taco for almost one decade, and her final position before being fired was as a shift lead. It was revealed that managers had ordered all of their employees to avoid becoming pregnant so that they would be able to work at any time of any day that the managers needed them to come in and work. However, it is illegal for anyone to be fired or not hired for reasons that include race, gender, or pregnancy. In order to have her fired, a customer made a false accusation of not having received their order the way they asked for it…

    • 1953 Words
    • 8 Pages
    Improved Essays
  • Superior Essays

    Analysis Of EEOC Vs. Federal Express

    • 2298 Words
    • 10 Pages
    • 10 Works Cited

    Federal Express (1995). A courier was harassed by a customer on her route. The customer made such comments as saying she looked better without any clothes on and repeatedly asked her out on dates. She brought this issue up with her supervisor who wrote to the customer asking him to refrain from ?any future conduct that could be perceived as offensive or intimidating?. The harassment continued and the whole building, not just the tenant was taken away from her route. The courts ruled in favor of the employees even though the company had taken action to end the harassment. The courier was awarded due to the fact that no replacement building was given to her, which resulted in a loss of pay. The court stated that she was ?in effect, punished for her…

    • 2298 Words
    • 10 Pages
    • 10 Works Cited
    Superior Essays