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  1. #1

    Default Judicial authority for election of remedies

    I am looking for an exactly opposite thing from below.

    Compensation and BenefitsTexas Payday Act—Election of Remedies. Igal v. Brightstar Information Technology Group, Inc., 140 S.W.3d 820 (Tex. App.—Eastland 2004). The Texas Payday Act provides an administrative procedure for resolving employee wage claims, but it does not preempt an employee's common law breach of contract claim. Tex. Lab. Code §§ 61.001 et seq. Texas courts have held that an employee may pursue his common law remedy in lieu of his administrative remedy, but he cannot pursue both—at some point he must elect between one and the other. See Holmans v. Transource Polymers, Inc., 914 S.W.2d 189 (Tex. App.—Fort Worth 1995, writ den'd). In this case, the plaintiff first filed an administrative complaint under the Payday Act. However, the Texas Workforce Commission eventually found that it lacked jurisdiction over the matter because the plaintiff had failed to file his complaint within 180 days of the date when his claim accrued. The plaintiff then filed a common law cause of action in a district court, but the district court dismissed his complaint on the grounds that the plaintiff's wage claims were barred by the prior determination of the Commission. On appeal the Eastland court affirms. The court holds that the Commission's finding that it lacked jurisdiction to decide the untimely administrative complaint was the equivalent of a decision on the merits of the common law claim, even though the statute of limitations evidently did not bar the plaintiff's common law claim.

    It is not fair on part of employee to be precluded from the common law remedies. First of all employee is not paid in full, which keeps him/her from hiring an attorney, so the only cheapest option he has got is to file wage-claim with the department of labor (Texas Workforce Commission). Now, if employer sues him/her for some other BullSh**t reason and meanwhile Texas Workforce Commission establishes its jurisdiction only on the part of the pay period, ultimately employee is sufferer... now, he/she has a court case to face and hire an attorney and use all the money that he/she might receive from Texas Workforce Commission and pay some more out of his/her own pocket. This is ridiculous, if it is a law.

    How fair is that? I am looking for an exactly oposite judicial authority. Can someone help locate me if there is something that you might have come across.
    (This is for the state of Texas).

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default

    I doubt that you will find a case which holds the opposite. You can search recent case law for free at http://www.lexisone.com/ , and can purchase a short-term subscription package there which should give you access to all Texas case law. (I have no affiliation with that site.)

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