Come one, come all: Revamped Texas tort claims

The U.S. 5th Circuit Court of Appeals (which covers Texas, Louisiana, and Mississippi) recently gave a booster shot to the viability of certain tort claims in Texas. A tort claim is a civil wrong committed by one person or entity against another. These claims are creations of our common law, principles, and concepts handed down over several hundred years.

By contrast, there are statutory claims such as Title VII of the Civil Rights Act of 1964 or the Fair Labor Standards Act (FLSA) that are created by a legislative body. While the facts in the following case are unusual, don’t be lulled into thinking the specific principles don’t apply to you, because they do. And more claims will come your way as a result.

Restroom break gone awry

Joshua Amin sorted packages for UPS. He and his coworkers were given one, ten-minute bathroom break per shift. Because he was ill, however, he left his sorting station after receiving permission from his supervisor, making a bee line for the restroom. His path was intersected, however, by manager Sergio Castro.

Castro told Amin that he had already used his break. Amon stated, as he told his supervisor, that he was sick. Castro then ordered him back to his sorting station, and he complied. Allegedly, Castro then remarked to Amin that since he already used his ten minutes, he should “use [the restroom] right here, where you are.”