In November 2020, four of those former employees filed aagainst Paxton saying they had been fired in retaliation. They sought reinstatement and compensation for lost wages, as well as pay for future lost earnings and damages for emotional pain and suffering.
Paxton has argued in state court that he is exempt from the Texas Whistleblower Act because he is an elected official, not a public employee and that he fired them not in retaliation for their complaint, but because of personnel disagreements. Anhas ruled against him and allowed the case to move forward. But last January, Paxton appealed his case to the Texas Supreme Court.
The joint filing by Paxton’s lawyers and the three plaintiffs says the court should defer its review of the case until Feb. 9 to give the parties an opportunity to resolve the issue outside of the courtroom.Brickman’s lawyers, Thomas Nesbitt and William T. Palmer, said in their filing that Paxton’s team has been delaying the case for two years and “there is no reason for abating this case.
“Brickman respectfully requests that this Court deny the request for abatement,” they wrote. “It imposes further needless delay of the adjudication of Brickman’s claim.”
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