Supreme Court says Yes to Whistle Blower's Case

October 14, 2005 - Austin, Texas - The Supreme Court of Texas today, denied a  Petition for Review in Dixon v. Lisanti, et al, ending almost five years of litigation.

Dixon, an employee of Lisanti, was fired for refusing to perform unlawful acts which were ordered by her employer.

Dixon's claim arises under an "exception" to the employment-at-will doctrine recognized by the Texas Supreme Court in Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985). In Sabine Pilot, the supreme court held that a plaintiff has a cause of action on which she may recover if she is discharged for the sole reason that she refused to perform an illegal act. It is the plaintiff's burden, however, to show by a preponderance of the evidence that her discharge was for no reason other than her refusal to perform an illegal act.

The  Judgment in the case was rendered by the 14th Judicial District Court in Dallas County on May 23, 2003. The Judgment was  Affirmed on Appeal by the 5th District Court of Appeals of Texas at Dallas on September 9, 2004. Finally, today, The Supreme Court of Texas denied a  Petition for Review, bringing the litigation to a close.

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