Texas employers beware: ‘Loose lips sink ships’

Ever hear the expression “loose lips sink ships”? It comes from WWII and was plastered on posters in port cities, warning that gabbing about the sailing times of vessels carrying materials and soldiers would endanger their safe sailing. I thought it fit a very recent case from the U.S. 5th Circuit Court of Appeals, the federal appeals court covering Texas. Forewarned is forearmed.

‘Use words like doctors use scalpels’

That’s what I tell my students again and again. Motiva Enterprises is, I imagine, now a convert after getting slapped down by the 5th Circuit.

Dean Dabbasi started work at Motiva in June 2014, when he was 48 years old. It was a rocky relationship—the quality of his performance was sometimes good, sometimes bad. His employment ended on August 15, 2019.

On June 18, 2019, Dabbasi met with his boss and HR because they wanted to place him on a performance improvement plan (PIP). He resisted, arguing that his supervisor had told him his performance was “hunky-dory.” Tempers flared, Dabbasi’s blood pressure rose, and he left the meeting to go to his doctor. Motiva put him on Family and Medical Leave Act (FMLA) leave until August 14.