HOW DID TERCERO JURY NOT FIND CAUSE FOR HER FIRING?

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By Juan Montoya

The more we think about it, the weirder it seems to us that a federal jury did not find good cause for Lily Tercero's firing as president of Texas Southmost College.

If you remember, a jury awarded her a combined $13 million for lost wages and future damages. Many lawyers are advising the past president not to draw checks on that account just yet pending its appeal. 

Tercero initially charged all the trustees on the board except for Dr. Rey Garcia and Art Rendon who voted not to fire her. The others, Dr. Ruben Gallegos, Trey Mendez, Dr. Tony Zavaleta, Adela  Garza Ruben Herrera were removed from the lawsuit by Federal District Judge Andrew Hanen.

(On the political front, Mendez is running for mayor of the City of Brownsville and many wonder whether the verdict will play a part in voters' decision on the candidate they will choose. Mendez, on the other hand, has defended his decision to terminate Tercero and has said publicly that if he had the chance, he would do it again.)

But we digress. A chronic legal adviser to this blog says opines that a case for good cause termination exists and puts it this way:

"The case law is solid, any just cause regardless of any wrongdoing by TSC justifies the discharge. The jury improperly mixed the two and failed to only focus on if there was just cause. The trial court can throw out the verdict or the court of appeals can through (sic) out the verdict. TSC needs a good appellate attorney to do the Motion for New Trial. Lily will get zero and TSC will get attorneys fees." Bobby WC

Let's take the commenter at his word.

In Cause 1: Refusal to carry out reasonable directives of the employee's supervisor.

Certainly the requests from a new board member for information on the  operations of the college and another's request for review of all payments over $10,000 issued by TSC are not unreasonable. And Tercero's unilateral awarding of the windstorm insurance without board approval would certainly seem to fit under this category.

In Cause 2: Deliberate or reckless action that causes either actual or potential loss, damage, or physical injury to the district, its employees, students, or student's property

How about the negligence on her part in not warning the board, or the students enrolled in the nursing program, that it was going to get the ax by the state for dismal passing rates leaving many students in the lurch and having to find another career path after investing time and money by enrolling in it? That's not a loss or damage to its students?

Cause 3: Misrepresentation, including falsification of reports or records

Not long ago we had a friend who was picked up by the Sheriff's Dept. for less than $100 in checks that bounced. In her case, Tercero issued more than $1.5 million of TSC checks using the signature stamp of two trustees who were no longer on the board. This didn't go on for a week or two, but rather for months after they were gone. 

And the jury didn't find any of these causes good enough to justify her termination? As our lawyer friends say, Don't draw any checks on that verdict yet, Lily.