 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Padilla v. Flying J11/19/2003
Rosa Padilla appeals a take-nothing judgment in favor of her former employer, Flying J, Inc. In three issues, Padilla contends the trial court erred in failing to find that: (1) Flying J was liable for assault as a matter of law; (2) she suffered a tangible employment action; and (3) she was a prevailing party under the Texas Commission on Human Rights Act. We affirm.
BACKGROUND
Flying J is a travel plaza that offers food, showers, and vehicle maintenance to truck drivers. Padilla began working at Flying J in1997 in the maintenance department. Her duties included cleaning toilets and showers. Kenneth Beaumont was the manager of the maintenance department. Craig Copeland was the general manager of the plaza.
Padilla complained to Copeland that Beaumont had sexually harassed her. She said the incident occurred at a gas station off of Flying J's premises. Copeland obtained her written statement. Copeland met with Beaumont who denied the allegations. Copeland informed Beaumont that if the allegations were confirmed, he would be terminated.
A few weeks later, Steve Parker, manager of Flying J's restaurant, told Copeland that Padilla approached him about being transferred to the restaurant. Copeland said that he would approve the transfer if Beaumont agreed to it. Beaumont had no objection. Copeland confirmed with Padilla that she did indeed want to be transferred.
Padilla began work at the restaurant as a dishwasher. Although Padilla testified that she felt it was a demotion, it was a lateral transfer with no change in pay. Padilla received positive evaluations and was promoted to buffet cook.
Padilla sued Beaumont and Flying J claiming sexual harassment. Beaumont was never served with process. Following a bench trial, the trial court rendered a take-nothing judgment in favor of Flying J. The trial court entered findings of fact and conclusions of law. This appeal timely followed.
Standard of Review
Findings of fact in a case tried to the court have the same force and effect as jury findings. See Gregory v. Sunbelt Sav., F.S.B., 835 S.W.2d 155, 158 (Tex. App.-Dallas 1992, writ denied). We review a trial court's fact findings by the same standards we use to review the sufficiency of the evidence to support a jury's findings. See Zieben v. Platt, 786 S.W.2d 797, 799 (Tex. App.-Houston [14th Dist.] 1990, no writ).
When we review the findings for legal sufficiency, we consider only the evidence and inferences tending to support the finding and disregard all the evidence and inferences to the contrary. See Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex. 1995). We uphold the finding if it is supported by more than a scintilla of evidence. Id. When reviewing findings of fact for factual sufficiency, we consider and weigh all of the evidence and set aside the finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. See Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986) (per curiam).
We review challenges to a trial court's conclusions of law as a matter of law. Boyd v. Diversified Fin. Sys., 1 S.W.3d 888, 890 (Tex. App.-Dallas 1999, no pet.). When a party challenges conclusions of law on appeal, we independently evaluate those conclusions with limited deference to the trial court's application of the law to the facts. Id. at 890-91. The trial court abuses its discretion when it fails to apply the law correctly. Id. at 891.
Corporate Liability for Vice Principal
In her first issue, Padilla asserts the trial court erred in failing to conclude that Flying J was liable for the alleged assault by Beaum
Page 1 2 3 4 Texas Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|