“Section 301 of the Texas Occupations Code provided: ‘[A] person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a person who reports, without malice, under this section.’ Thus, wrongful termination is not a necessary element for Plaintiffs to assert a claim under section 301. Plaintiffs have alleged that in addition to their terminations, [their supervisor] … retaliated against Plaintiffs … by instituting a bogus criminal complaint, subjecting them to unwarranted and harassing interrogations … and subsequent arrest and criminal prosecutions … [one plaintiff] alleges that … prior to his termination, [his supervisor] subjected him to harassing and unwarranted discipline by transferring him to the graveyard shift …. The Court concludes that Plaintiffs have properly alleged a plausible claim for relief for violations of section 301 of the Occupations Code by Smith, and therefore denies [the supervisor]’s motion to dismiss this cause of action.”
Duffie v. Wichita County, 7:13-cv-0032, 2013 WL 6869374 at *17 (N.D. Tex. December 31, 2013) (O’Connor, J.) (internal citations omitted).