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Torts Click here for the full text of this decision FACTS:Luis Canchola sued Wal-Mart, his former employer, for disability discrimination and intentional infliction of emotional distress. According to Wal-Mart, Canchola was terminated for violating the company’s sexual harassment policies. After a jury trial, the trial court rendered judgment in Canchola’s favor. The court of appeals affirmed the trial court’s judgment. HOLDING:Reversed and rendered. The evidence that Canchola cites, assails the quality of Wal-Mart’s investigation and does not, by itself, prove that Canchola’s heart condition was a motivating factor in his termination. An at-will employer does not incur liability for carelessly forming its reasons for termination. Tex. Farm Bureau Mut. Ins. Cos. v. Sears,84 S.W.3d 604 (Tex. 2002); Garcia v. Allen, 28 S.W.3d 587 (Tex. App. Corpus Christi 2000, pet. denied). As long as its reason for terminating Canchola was not illegal, Wal-Mart could have fired Canchola, an at-will employee, for his failure to remove out-dated products from the deli, or for the sexual harassment accusations made against him, or for no reason at all. Although Wal-Mart could have terminated Canchola without investigating the charges against him, the court has encouraged employers to investigate complaints made against employees before deciding to fire them by refusing to second-guess the results of such investigations whenever they are imperfect. Thus, it is not sufficient for Canchola to present evidence that the harassment investigation was imperfect, incomplete, or arrived at a possibly incorrect conclusion. He must show that the reason proffered by Wal-Mart is “false, and that discrimination was the real reason.” Canchola cited no evidence to show that Wal-Mart’s decision to discharge Canchola was motivated by his disability. Canchola attempts to rely on the holding in St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502 (1993), that the falsity of the reasons the defendant puts forth “may, together with the elements of the prima facie case, suffice to show intentional discrimination.” But even if the reasons Wal-Mart cited for terminating Canchola were false, he still bore the ultimate burden to prove that Wal-Mart discriminated against him because of his disability. The relevant inquiry is not whether the complaints made against Canchola were a pretext, but what they were a pretext for. Canchola offered no evidence to show that Wal-Mart management was motivated to terminate him becauseof his heart condition. The court concludes that there is no legally sufficient evidence to support the jury’s finding of disability discrimination. The court does not reach Wal-Mart’s contentions that Canchola’s heart condition was not a disability or that Canchola failed to exhaust his administrative remedies. It is neither extreme nor outrageous for an employer to ask an employee to share information concerning allegations made against a coworker, even if it is an unpleasant experience. An employer must be given some leeway in investigating serious accusations made against its employees. Wal-Mart’s conduct in investigating and ultimately terminating Canchola was understandably unpleasant for him, but it was an ordinary employment dispute. Assuming that Canchola’s allegations about the investigation were true, Wal-Mart’s conduct was within the bounds of its discretion to supervise, review, discipline and ultimately terminate its employees. OPINION:Per curiam; Enoch, J., did not participate.

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