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Try CasePortal for FreeJ. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.