Montgomery County Hospital District v. Smith

In Montgomery County Hospital District v. Smith, 181 S.W.3d 844, 850-51 (Tex. App.--Beaumont 2005, no pet.), the complainant asserted a whistleblower claim after the hospital district terminated her employment. Id. at 845. Subsequent to her firing, the hospital district offered her a severance package in exchange for her release of claims. Id. at 846. Smith argued that a letter she sent to the hospital district's chief executive officer sufficed to initiate the hospital district's appeal procedure. Id. The letter merely requested the chief executive officer to reconsider the amount of her severance. Id. Noting that the hospital district's appeal procedure did not require a complaining employee to use any specific form or to include any specific information in her notice, the Beaumont Court of Appeals held that Smith's letter failed to provide fair notice that she was appealing the termination of her employment. Id. at 850. The appeals court based its decision on the fact that Smith made no mention of her desire to have her firing reconsidered and that Smith only requested a reconsideration of her severance pay. Id.