HOUSTON - Fernando Yates received a settlement of $28,360.44 from the Houston Independent School District. After he sued the district claiming he was owed more, HISD was granted immunity and awarded $20,869.35 in attorneys’ fees.
On Nov. 13, the First Court of Appeals affirmed the trial court’s judgment.
According to the opinion, Yates was hired by HISD as a high school math teacher during the 2019-2020 school year. In December 2019, he filed a charge of discrimination with the Equal Employment Opportunity Commission claiming the district had discriminated against him on the basis of his national origin, violated the Americans with Disabilities Act, and retaliated against him because he opposed these unlawful acts.
After successfully mediating the matter before the EEOC, Yates and HISD signed a settlement agreement pursuant to which the district agreed to pay Yates a lump sum equal to four months’ salary (the remainder of his salary for the 2019-2020 school year, plus two additional months of salary) at his current rate of pay.
In exchange, Yates agreed to resign from his employment with HISD effective April 10, 2020, and to release the district from all claims. Yates signed the settlement agreement on March 27, 2020.
After the district board approved the settlement agreement, Yates argued that the payment had to be calculated based on the annual salary for teachers with thirty-seven years of experience.
Yates received a $28,360.44 settlement check and asserted it was “short,” because the payment was based on the $72,109 annual salary for teachers with thirty years of experience and he had thirty-seven years of teaching experience, meaning his annual salary should be $80,309.
He then filed a small claims petition seeking $10,000 in damages. After the district failed to appear, a default judgment was issued, the opinion states.
A few months later, HISD filed an application for writ of certiorari, arguing the court lacked subject matter jurisdiction because Yates had not identified any specific claims for which the district’s immunity had been waived, and that its failure to appear for trial was not due to inexcusable neglect.
Court records show the trial court granted the district’s plea to the jurisdiction. After Yates appealed, HISD moved for attorney’s fees. The trial court granted the motion, awarding the district $20,869.35 in attorneys’ fees.
On appeal, the district argued Yates’ appellate issues are waived due to inadequate briefing.
Justices concluded governmental units, including school districts, are immune from suit unless the state consents.
Appeals case No. 01-24-00790-CV
