Full opinion text
OPINION Opinion by Justice RODRIGUEZ. This is an employment case. Appellee, Claude D’Unger, filed suit against appellants, the Ed Rachal Foundation (the Foundation), D’Unger’s former employer, and Paul Altheide, the Foundation’s chief executive officer (CEO). D’Unger claimed breach of contract and wrongful termination against the Foundation and tortious interference with a contract against Al-theide. After a jury verdict and judgment entered in favor of D’Unger, this appeal ensued. By thirteen issues, appellants generally contend: (1) the evidence was insufficient to support the jury’s findings of breach of contract, wrongful termination, tortious interference, and damages; (2) attorney’s fees should not have been awarded; (3) there was charge error; (4) certain testimony and unproduced documents were admitted in error; and (5) the trial subpoena of a non-party was error. We affirm, in part, and reverse and render, in part. I. Background The Foundation, a non-profit charitable organization, is an operating foundation. In order to maintain its tax-exempt status, the Foundation must use its assets for non-exempt purposes; it is required to' distribute five percent of the market value of its assets each year to charities. At the time of the incidents that form the basis of this lawsuit, Altheide was employed by the Foundation as Chief Financial Officer, and D’Unger had been hired as Vice-President of Exempt Activities for the Foundation. In addition to being operation employees, Altheide and D’Unger were elected officers of the Board, CEO and secretary, respectively. The Galvan Ranch (the Ranch) in Webb County, Texas, is one of the Foundation’s assets. The Ranch extends over 67,000 acres and is bordered along a five-mile frontage by the Rio Grande River. The crossing of ranch property by non-United States citizens is a common occurrence. Corpses of transients who had succumbed to the harsh environment had been found in the vicinity of the Ranch. Beginning in January of 1998, D’Unger reported details of a September 17, 1997 handcuffing incident on the Ranch, and his fears for the well-being of three teenage transient non-United States citizens, to nine separate local, state, and federal agencies and officials. In his communications, D’Unger also expressed his concerns about Altheide’s alleged self-dealing and other suspect activities of the Foundation. D’Unger’s communications with outside entities regarding the Foundation’s activities were against Altheide’s express instructions not to do so. In April, Altheide learned of D’Unger’s actions, and on April 13, 1998, Altheide suspended D’Unger’s employment with the Foundation. The suspension, however, did not affect D’Unger’s status as a Board member. His compensation continued. Throughout the suspension, D’Unger also continued to communicate with law enforcement and other agencies about the Foundation’s activities, and about what he contended were efforts to include him in a conspiracy to cover up criminal and illegal conduct. On August 10, 1998, Altheide asked D’Unger to resign. When D’Unger refused, Altheide fired him. D’Unger decided not to submit his name for re-election as a director. The minutes of a special meeting held by the Board on August 11, 1998, reflect that the Board unanimously: (1) appointed operating officers, including Altheide as CEO but not including D’Un-ger in any capacity; (2) amended the Foundation’s by-laws to decrease the number of directors from five to four; and (3) ratified the scope of Altheide’s duties as chief executive officer. D’Unger was no longer a director, officer, or employee of the Foundation. II. Employment Contract Claim In its first issue, the Foundation asserts that the evidence is legally insufficient or, in the alternative, factually insufficient to support the jury’s finding that the Foundation agreed to an employment contract that limited its right to terminate D’Un-ger. A. Standard of Review 1. Legal Sufficiency Challenge Reviewing a legal sufficiency challenge, we consider only the evidence and inferences that support the finding. Lenz v. Lenz, 79 S.W.3d 10, 19 (Tex.2002); Raw Hide Oil & Gas, Inc. v. Maxus Exploration Co., 766 S.W.2d 264, 276 (Tex.App.-Amarillo 1988, writ denied). We disregard all evidence and inferences to the contrary. Lenz, 79 S.W.3d at 19; Maxus, 766 S.W.2d at 276. Because the Foundation did not bear the burden of proof at trial on modification of D’Unger’s at-will status, Larson v. Family Violence & Sexual Assault Prevention Ctr. of S. Tex., 64 S.W.3d 506, 518 (Tex. App Corpus Christi 2001, pet. denied); Rios v. Tex. Commerce Bancshares, Inc., 930 S.W.2d 809, 814-15 (Tex.App.-Corpus Christi 1996, writ denied), we analyze the Foundation’s legal-sufficiency challenge as a no-evidence issue. Gooch v. Am. Sling Co., Inc., 902 S.W.2d 181, 183 (Tex.App.-Fort Worth 1995, no writ). The Foundation must show that the record presents no probative evidence to support the adverse finding. Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex.1983). The evidence is no more than a scintilla and, in legal effect, is no evidence “[wjhen the evidence offered to prove a vital fact is so weak as to do no more than create a mere surmise or suspicion of its existence.” Kindred v. Con/Chem., Inc., 650 S.W.2d 61, 63 (Tex.1983). Conversely, more than a scintilla exists when the evidence “rises to a level that would enable reasonable and fair-minded people to differ in their conclusions.” Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 25 (Tex.1994). We reverse and render judgment when we sustain a legal-sufficiency point. Vista Chevrolet, Inc. v. Lewis, 709 S.W.2d 176, 177 (Tex.1986) (per curiam); Heritage Res., Inc. v. Hill, 104 S.W.3d 612, 619 (Tex.App.-El Paso 2003, no pet. h.). 2. Factual Sufficiency Challenge Unlike legal-sufficiency challenges, factual-sufficiency issues concede that the record presents conflicting evidence on an issue. Maxus, 766 S.W.2d at 275. Like legal-sufficiency challenges, the standard of review on factual-sufficiency issues depends on the burden of proof at trial. Id. at 275. The party attacking a finding on which an adverse party bore the burden of proof must show that the record presents “insufficient evidence” to support the finding. Gooch, 902 S.W.2d at 184. In reviewing an insufficient-evidence issue, we examine and consider all of the evidence, not just the evidence that supports the verdict, to see whether it supports or undermines the finding. Mar. Overseas Corp. v. Ellis, 971 S.W.2d 402, 406-07 (Tex.1998). We set aside the finding for factual insufficiency if the “evidence adduced to support the vital fact, even if it is the only evidence adduced on an issue, is factually too weak alone to support it.” See Ritchey v. Crawford 734 S.W.2d 85, 86-87 n. 1 (Tex.App.-Houston [1st Dist.] 1987, no writ) (quoting Robert W. Calvert, “No Evidence” and “Insufficient Evidence” Points of Error, 38 Tex. L.Rev. 361, 366 (1960)). In attacking for factual insufficiency an adverse finding on which it bore the burden of proof at trial, a party must show that the finding is against the “great weight and preponderance of the evidence.” Maxus, 766 S.W.2d at 275; Ritchey, 734 S.W.2d at 86-87 n. 1. In that event, we set aside a finding so against the overwhelming weight of the evidence as to be manifestly unjust and clearly wrong. Ortiz v. Jones, 917 S.W.2d 770, 772 (Tex.1996) (per curiam). If we reverse a trial court’s judgment on factual-sufficiency grounds, we detail all of the evidence relevant to the issue and articulate why the finding is factually insufficient. Mar. Overseas Corp., 971 S.W.2d at 407. We reverse and remand for a new trial when we sustain a factual-sufficiency point. Glover v. Tex. Gen. Indem. Co., 619 S.W.2d 400, 401 (Tex.1981) (per curiam); Heritage Res., 104 S.W.3d at 619. B. Analysis All employment relationships in Texas are presumed at will. Montgomery County Hasp. Dist. v. Brown, 965 S.W.2d 501, 502 (Tex.1998). “[A]bsent a specific agreement to the contrary, employment may be terminated by the employer or employee, for good cause, bad cause, or no cause at all.” Id. Any modification of at-will employment must be based on an unequivocal statement by the employer not to terminate the employee except under clearly specified circumstances. Byars v. City of Austin, 910 S.W.2d 520, 523 (Tex.App.-Austin 1995, writ denied). One can not imply the modification; it must be express. Midland Judicial Dist. Cmty. Supervision & Corr. Dep’t v. Jones, 92 S.W.3d 486, 487 (Tex.2002)(per curiam); Brown, 965 S.W.2d at 503-04. The agreement must directly limit, in a “meaningful and special way,” the employer’s right to discharge the employee without cause. Larson, 64S.W.3d at 518. It is the burden of the discharged employee who asserts that the parties have contractually agreed to limit the employer’s right to terminate the employee to prove an express agreement or written representation to that effect. Id. at 518; Rios, 930 S.W.2d at 814-15. As with all contracts, the parties to an employment agreement must negotiate and agree to its essential terms for the agreement to be enforced. See Larson, 64 S.W.3d at 519; see also Smith v. SCI Mgmt. Corp., 29 S.W.3d 264, 268 (Tex.App.-Houston [14th Dist.] 2000, no pet.) (‘We find that such a general discussion about an employee’s annual compensation does not raise a fact issue as to whether the parties agreed to limit in a ‘meaningful and special way the employer’s prerogative to discharge the employee without cause.”). Similarly, if an essential term of employment is open for future negotiation, no binding contract is created. Mann v. Trend Exploration Co., 934 S.W.2d 709, 713 (Tex.App.-El Paso 1996, writ denied). D’Unger testified that the Foundation entered into a renewable one-year employment agreement with him that the Board ratified in 1996 and renewed in 1997. He pointed to by-laws and corporate minutes as evidence of the parties’ oral agreement. The Foundation’s bylaws permitted employment of directors for the term of the director, which was annual, and the corporate minutes recorded that D’Unger was hired at a salary of $80,000.00 per year. D’Unger testified that the agreement to compensate him was for a term of a year, and that removal required an action of the Board. D’Un-ger’s statement of subjective belief that he entered into a contract with the Foundation is not evidence. See Cont'l Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444, 452 (Tex.1996); see also In re Jones, 974 S.W.2d 766, 769 (Tex.App.-San Antonio 1998, orig. proceeding); see generally Calvert, “No Evidence” and “Insufficient Evidence” Points of Error, 38 Tex. L.Rev. 361, 362-63 (1960). Furthermore, Scott Turner, a certified public accountant and D’Unger’s expert witness, testified that the existence of an annual renewable employment agreement between the Foundation and D’Un-ger was consistent with generally accepted accounting practices and corporate governance standards regarding how corporate officers are employed and compensated. This testimony, that is consistent with D’Unger’s understanding, did not provide what D’Unger’s testimony lacked: evidence of a specific, unambiguous agreement. A conclusory statement, whether by a lay or expert witness, is not evidence. Wadewitz v. Montgomery, 951 S.W.2d 464, 466 (Tex.1997). The courts have considered evidence of the prior practices of an employer with regard to a customary term of employment sufficient to support a finding of the existence of an employment agreement: It is true that it was not expressly stipulated that the appellee should remain in the service one year, or for any definite length of time; but the evidence shows that it was the custom of the corporation to employ a manager annually, and to require of him a bond conditioned for the faithful performance of his duty. The jury had a right to conclude that, with a full knowledge of this custom, the parties had it in mind and contracted with reference to that term of service. Farmers’ Union Co-op. Clearance House of Rusk v. Guinn, 208 S.W. 362, 363 (Tex.Civ.App.-Texarkana 1919, no writ); see Hoffrichter v. Brookhaven Country Club Corp., 448 S.W.2d 843, 846 (Tex.Civ.App.-Dallas 1969, writ ref'd n.r.e.). Turner, however, did not testify about the Foundation’s specific custom or its practices in particular. He testified only that D’Un-ger’s understanding of the agreement between the parties was consistent with standard corporate practices. “Expert opinions must be supported by facts in evidence, not conjecture.” Marathon Corp. v. Pitzner, 106 S.W.3d 724, 729 (Tex.2003). D’Unger also argues that the Board’s approval of his compensation based on an annual salary supplies the requisite specificity to meet his burden of showing that the Foundation modified his at-will status. D’Unger asks this Court to apply the “English Rule” that provides, “hiring at a stated sum per week, month, or year, is a definite employment for the period named and may not be arbitrarily concluded.” Winograd v. Willis, 789 S.W.2d 307, 310 (Tex.App.-Houston [14th Dist.] 1990, writ denied). The English Rule, however, is no longer viable. See Jones, 92 S.W.3d at 487. An agreement for an annual salary does not modify an employee’s at-will status. Id. A hiring based on an agreement of an annual salary does not limit the employer’s prerogative to discharge the employee during the dictated period of employment. Id. Thus, evidence that the Board approved D’Unger’s compensation calculated on an annual basis is not evidence that the Foundation agreed to modify D’Unger’s at-will status. See id. Stripped of the inference that approval of D’Unger’s annual salary evidenced an agreement to a one-year term of employment, neither D’Unger’s testimony nor his expert’s opinion established that the Foundation and D’Unger came to a meeting of the minds that modified D’Unger’s at-will status. See Larson, 64 S.W.3d at 519; see also SCI Mgmt. Corp., 29 S.W.3d at 268. No evidence in the record establishes that the Foundation agreed to a specific term of employment, and no evidence establishes that the Foundation unequivocally indicated a definite intent to be bound not to terminate D’Unger’s employment except under clearly specific circumstances. Accordingly, we find that no more than a scintilla of evidence exists “that would enable reasonable and fair-minded people to differ in their conclusions” about the existence of an employment agreement between the Foundation and D’Unger that modified D’Unger’s at-will status. See Moriel, 879 S.W.2d at 25. Evidence that the Foundation agreed to an employment contract that limited its right to terminate D’Unger at will is “so weak as to do no more than create a mere surmise or suspicion of its existence.” Kindred, 650 S.W.2d at 63. Absent an express agreement to the contrary, employment relationships in Texas are presumed at-will. Brown, 965 S.W.2d at 502. Having found that the evidence is legally insufficient to support the finding, we sustain the Foundation’s first issue. III. Attorney’s Fees In the second issue, it is argued that D’Unger is not entitled to attorney’s fees if his contract claim fails. We agree. An award of attorney’s fees must be based upon some statutory or contractual authority. Tex. Civ. Prac. & Rem.Code Ann. § 38.001 (Vernon 1997); Holland v. Wal-Mart Stores, Inc., 1 S.W.3d 91, 95 (Tex.1999); see Dallas Cent. Appraisal Dist. v. Seven Inv. Co., 835 S.W.2d 75, 77 (Tex.1992) (citing New Amsterdam Cas. Co. v. Tex. Indus. Inc. 414 S.W.2d 914, 914-16 (Tex.1967)) (attorney’s fees may not be recovered unless provided for by statute or by contract between parties). To recover attorney’s fees under section 38.001 of the civil practice and remedies code, a party must both prevail on a claim for which attorney’s fees are recoverable and recover damages. Green Int’l v. Solis, 951 S.W.2d 384, 390 (Tex.1997); see Tex. Civ. PRAC. & Rem.Code Ann. § 38.001 (Vernon 1997) (reasonable attorney’s fees recoverable if claim is for, inter alia, an oral or written contract). D’Unger’s claim for attorney’s fees against the Foundation is based on his breach-of-contract claim. However, he failed to recover damages on that claim, and, thus, is not entitled to recover attorney’s fees that basis. See Green Int’l, 951 S.W.2d at 390. Furthermore, “attorney’s fees are not recoverable either in an action in tort or a suit upon a contract unless expressly provided by statute or by contract between the parties.” Knebel v. Capital Nat’l Bank in Austin, 518 S.W.2d 795, 803-04 (Tex.1974) (emphasis added); see Martin-Simon v. Womack, 68 S.W.3d 793, 797 & n. 2 (Tex.App.-Houston [14th Dist.] 2001, pet. denied) (discussing circumstances where sister courts of appeals have adopted equitable exception to general rule of non-recovery of attorney’s fees in tort cases but Houston Court declining to do so). Neither the Texas Supreme Court nor this Court has adopted any wrongful-act exception to the general prohibition against recovery of attorney’s fees in a tort claim, and we decline to do so in this case. Martin-Simon, 68 S.W.3d at 797. We find no statutory or contract basis for recovery of attorney’s fees under the tortious interference claim D’Unger brought against Altheide or under the wrongful termination claim brought against the Foundation. Therefore, D’Unger is not entitled to recover attorney’s fees on his remaining claims. Thus, we sustain the second issue. IV. Wrongful Termination Claim In its fifth issue, the Foundation asserts that the evidence is not legally sufficient or, alternatively, factually sufficient to support the jury’s finding that the Foundation discharged D’Unger’s employment because he refused to perform an illegal act. A. Standard of Review As set out above, because the Foundation is attacking the legal sufficiency of a finding on which D’Unger bore the burden of proof, it must demonstrate, on appeal, that the record presents no evidence to support the adverse finding. See Croueher, 660 S.W.2d at 58. Further, only the evidence and inferences that support the finding will be considered. See Lenz, 79 S.W.3d at 19; Maxus, 766 S.W.2d at 276. Additionally, as set out above, in the appeal of its factual sufficiency challenge, because the Foundation did not bear the burden of proof on this issue at trial, the Foundation must demonstrate that the record presents insufficient evidence to support the finding that D’Unger’s discharge was for refusing to perform an illegal act. Gooch, 902 S.W.2d at 184. B. Analysis 1. Refusal to Perform an Illegal Act Discharge of an at-will employee for refusing to perform an illegal act is one of the exceptions to the doctrine that an employer may terminate an at-will employee for a good reason, a bad reason, or no reason at all. Brown, 965 S.W.2d at 502; see Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex.1985). D’Unger bore the burden of proving that his discharge was for no reason other than an unwillingness to perform an illegal act. See Sabine Pilot, 687 S.W.2d at 735. D’Unger relies, in part, on the following evidence to establish that Al-theide instructed him to perform an illegal act: (1) Altheide’s June 30, 1997 letter addressed to the Foundation directors, including D’Unger; (2) an April 13, 1998 memorandum suspending D’Unger; and (3) D’Unger’s discussion with Altheide about firing Ed DuBose, a foreman at the Ranch. Altheide’s June 30, 1997 letter to Board members informed them that an unidentified board member was conducting an independent investigation into the appropriateness of equipment acquisitions and some of the activities at the Ranch. Altheide explained that an independent investigation by an individual board member was totally inappropriate and that such concerns should have been addressed to him or to the entire board. The April 13, 1998 memorandum suspended D’Unger because of “[his] disregard for appropriate instruction and normal business procedure.” The first paragraph of the April 13 memorandum specifically referred to a call Altheide received from the Mexican Consulate office in Corpus Christi. According to Altheide, the representative from the Consulate’s office informed him that D’Un-ger was concerned about “incidents that took place on the Galvan [Ranch] where Mexican citizens were detained.” In that same memorandum Altheide indicated surprise that D’Unger took action without first bringing the matter to the Board’s attention as previously instructed, giving the Board an opportunity to act. Altheide reminded D’Unger that he had been cautioned about independent activities in the past and about using proper channels. D’Unger also testified he first met Du-Bose at the Ranch where D’Unger was discussing research proposals with Lee Elliot from the Texas Parks and Wildlife Department. Introductions were made and then, “just bolt out of the blue,” Du-Bose said, “Well, we chased [undocumented immigrants] with dogs today ... and ran them through the fence and made them lose their food and water.” D’Unger testified this caused him tremendous concern. He told DuBose he could not be doing that, he should not be doing that, and to stop. That same day D’Unger advised the border patrol to “keep your eye[s] open for anybody with torn up clothes or dog bites.” Altheide accused D'Unger of lying to the border patrol and insisted the event “didn’t happen.” However, beginning in January 1997, other visitors to the Ranch reported to D’Unger that DuBose had made statements to them that he chased undocumented immigrants with dogs and fired gunshots over their heads so they would abandon their food and water when they had to run and climb through the Ranch’s fence line. The record reveals Altheide noted in his diary that on July 10, 1997, DuBose had “discharged his pistol in the air when two trespassers would not move away from the cattle guard area when he hollered at them.” D’Unger also testified that in September 1997, he saw a ranch report regarding the apprehension of three Mexican nationals on the Ranch, young men who had been handcuffed on the Ranch. He took the negatives of photographs taken of the men in order to have the photographs reproduced. D’Unger had information that the three men had been turned over to the border patrol; however, the border patrol agents he contacted had no knowledge of the incident. He was concerned about the well-being of the three young men. D’Un-ger could not confirm what had happened to the Mexican Nationals after DuBose handcuffed them on the Ranch. The border patrol did not know the status of the young men. DuBose informed D’Unger he had used dogs to chase other undocumented immigrants through a fence so that they would lose their food and water. It appeared to D’Unger as if the transients had disappeared from the Ranch. He believed DuBose had lied about the fate of the boys. It could be inferred that transients were being harmed by the actions of those on the Ranch. D’Unger testified he continued to express his alarm that mistreatment of transient non-United States citizens, in violation of both the law and the Foundation’s mission, was occurring on the Ranch. Rather than reporting his concerns to the Foundation or Altheide as requested, D’Unger contacted, among others, a congressman, a senator, a judge, sheriffs, the Attorney General’s office, the Internal Revenue Service, and the Mexican Consulate. Additionally, D’Unger testified that before DuBose’s contract was up, he had a discussion with Altheide about firing Du-Bose. It was at that time that Altheide told him “to drop it, something] to that effect, drop it or leave it alone.” It was D’Unger’s impression that he was not to concern himself with DuBose. D’Unger also testified that he understood Altheide to mean he was to turn a blind eye to DuBose’s mistreatment of transients on the Ranch and generally not disclose to anyone any information about illegal activity involving the Foundation and, more specifically, that he was not to report to law enforcement any criminal conduct by Du-Bose. DuBose also provided testimony regarding the September 17, 1997 occurrence. He testified that, with the assistance of a ranch hand, he handcuffed three Hispanic teenagers who trespassed on the Ranch. The men were handcuffed together and frisked. DuBose took photographs of the men and called the border patrol. Approximately three hours later a border patrol agent arrived and took the men into custody. A ranch report for September 17 and telephone records presented to the jury support this testimony. However, this information was not confirmed by the border patrol until after D’Unger’s involvement with the Foundation had ended. From January 1998 through August 1998, the border patrol agent reported only that it had no record of Mexican Nationals apprehended at the Ranch on September 17, 1997. The agent informed D’Unger on several occasions that the Immigration and Naturalization Service could not locate any paperwork on the incident. This same agent also informed the jury he had not heard of any shooting incidents at the Ranch, and did not have any knowledge of the discovery of any bodies on the Ranch. Attorney John White, a member of the board of directors for the Foundation, testified there was an investigation by the Board regarding the issues raised by D’Unger. According to White, the results of the investigation were positive except for complaints about DuBose’s inappropriate comments. Other than these comments, people were delighted with Du-Bose’s “courtesies.” DuBose testified he might have made statements attributed to him but denied engaging in the described conduct. DuBose also testified he treated transients humanely. A call from the Mexican Consulate office regarding “incidents that took place on the Galvan [Ranch] where Mexican citizens were detained,” appeared to trigger D’Un-ger’s suspension. Altheide told Board members that an investigation by an individual board member was totally inappropriate and should have been addressed to him or to the entire board. Altheide told D’Unger to leave such matters alone. D’Unger’s unwillingness to do so consisted of his refusal to condone DuBose’s activities on the Ranch. D’Unger’s effort to contact others outside the Foundation was simply a continuation of this refusal. The June 1997 letter and the April 1998 suspension memorandum, as well as conversations between Altheide and D’Unger, if not expressly stated, provided inferences that talking with others about transient activities on the Ranch was inappropriate, that D’Unger was to agree with the actions taken by DuBose regarding the transients, and that the matter was closed. It could be inferred from the evidence that D’Un-ger was asked to conspire in those activities. Accordingly, considering only the evidence and inferences that support the finding and disregarding all evidence and inferences to the contrary, Lenz, 79 S.W.3d at 19; Maxus, 766 S.W.2d at 276, we conclude the evidence is legally sufficient; there is more than a scintilla of evidence to support the jury’s finding that D’Unger was discharged from employment with the Foundation because he refused to perform an illegal act. See Croucher, 660 S.W.2d at 58; Sabine Pilot, 687 S.W.2d at 735. Furthermore, after examining all of the evidence, Mar. Overseas, 971 S.W.2d at 406-07, the jury could have believed D’Un-ger’s testimony regarding DuBose’s treatment of transients on the Ranch, rather than the testimony of the other witnesses, including DuBose, Altheide and White. Even though it was later established that the three Mexican Nationals had been detained by the border patrol and returned to Mexico, the jury could have concluded D’Unger was unwilling to perform an illegal act. The jury could have decided Al-theide’s efforts were an attempt to include D’Unger in a conspiracy to cover up criminal and illegal conduct involving any Mexican National on the Ranch. Moreover, the judge could have determined a criminal conspiracy was involved. See Sabine Pilot, 687 S.W.2d at 736 (Kilgariin, J., concurring) (trial judge must determine if statute with criminal penalty involved). Thus, after a review of the entire record, we conclude the evidence is also factually sufficient, to prove the Foundation terminated D’Unger for being unwilling to perform an illegal act. See Ritchey, 734 S.W.2d at 86-87 n. 1. 2. Sole Reason for Termination An employer who discharges an employee both for refusing to perform an illegal act and for a legitimate reason cannot be hable for wrongful termination. Tex. Dep’t of Human Servs. v. Hinds, 904 S.W.2d 629, 633 (Tex.1995). Therefore, in order to prevail under this Sabine Pilot exception, D’Unger was required to prove not only that he refused to perform an illegal act, but also that his refusal was the only reason for which he was terminated. See Sabine Pilot, 687 S.W.2d at 735. Altheide testified that D’Unger, as an operating officer, was under his direct supervision; D’Unger was to report to him and was supervised by him. Altheide acknowledged D’Unger did a good job in developing research projects for which grants were issued in 1996. Altheide testified D’Unger started, but did not finish, the construction work, failed to keep time records, and failed to complete a plan for the exempt purpose use of the Foundation’s property. Altheide explained D’Un-ger completed a preliminary draft, a concept paper describing different activities in very vague or very general terms. Al-theide testified D’Unger did not develop an administrative, overall strategy plan on how the Foundation would conduct the activities outlined by D’Unger. Altheide also testified D’Unger did not fulfill his duties of negotiating and monitoring leases of the surface estates including cattle and hunting leases, and he only partially fulfilled his responsibility to assist Altheide with mineral lease activities. At trial, Altheide compiled a list outlining why D’Unger was not a good employee. The list included the following reasons: (1) D’Unger resisted any supervision or oversight; (2) D’Unger lacked focus; (3) D’Unger demonstrated erratic behavior and had an explosive personality; (4) D’Unger did not perform his job duties; (5) D’Unger was not capable of supervising others or assuming additional responsibilities; and (6) D’Unger lacked loyalty to the Foundation. Referring to the above list, Altheide testified D’Unger would explode or ignore instructions or suggestions given by individual board members, specifically Al-theide, and would respond that he answered to the Board. D’Unger focused on individual events and daily activities, not on the whole program; it was a disjointed effort. Altheide further testified Danger’s behavior was erratic, inconsistent from day to day. D’Unger would blow up in public and make remarks that were totally inappropriate. Altheide explained D’Unger could not perform his job duties and was not capable of supervising others. Any project D’Unger started would unravel, and D’Unger could not finish it. In Altheide’s opinion, D’Unger was not capable of assuming the duties of the president or to act in his absence. Finally, Altheide testified D’Unger lacked loyalty to the Foundation and was not concerned about its perpetual existence. In the letter of suspension, Altheide admonished D’Unger for taking action regarding his concerns about an incident on the Ranch where Mexican citizens were detained, without first bringing it to the Board’s attention and giving the Board an opportunity to act. D’Unger testified his employment with the Foundation was suspended and later terminated because he went to the authorities regarding this incident, disregarding instruction and normal business procedure. D’Unger testified that it was for that reason and no other, including the reasons Altheide identified at trial. D’Unger also testified he performed his job duties including supervising exempt purpose activity. He prepared a “Proposed Exempt Purpose Activities (Plan).” D’Unger testified the background section of the Plan was used to set out the purpose of the Foundation and the general guideline for instructions that followed. The methods for achieving the goals of the Foundation were included in the methodology section. As an operating foundation, the Foundation was required to use its assets. The primary assets of the Foundation were the two ranches. The Plan set out how the ranches could be used through the areas of biology (range and wildlife management) and geology (identification, evaluation and use of waters and minerals), academic research, public service research, joint venture research, contract for services, and commercial research. Other than research, the Ranch facilities could be opened to various youth groups. The Plan’s public sector and social support section included concerns about the number of Mexican Nationals and narcotics smuggling going through both ranches. D’Un-ger testified that “[w]e felt like it was consistent with our mission to support efforts to support the laws.” The Plan also proposed exempt purpose guidelines that sought to encourage additional support for its goals, encourage research, and encourage appropriate social policies and social activities on the Ranch. Attached to the Plan was a flowchart showing the interrelationships between the ideas and the entities with which the Foundation dealt. Also attached was a list of persons D’Un-ger had contacted in an effort to “get a feel for what the needs were in the various areas.” D’Unger testified he spent months preparing this draft Plan. Altheide requested the report. It was presented to everybody. D’Unger did not know if Al-theide approved it. Altheide did not return it to D’Unger with comments. D’Un-ger testified that this draft Plan appeared to be the backbone of the “Ed Radial Foundation Operational Overview 19[9]8 (Overview).” Only Altheide’s name, as CEO, appeared on the Overview. D’Un-ger testified he implemented plans, and reported to the Board for approval of the plans. D’Unger further testified he participated in requested planning and oversight of the Taylor construction project by getting the microwave tower at no cost to the Foundation. He was never given an opportunity to act jointly with Altheide in disbursing funds, another part of his job description. In response to other reasons given by Altheide that would support his termination, D’Unger testified he only resisted supervision or oversight where conduct was inappropriate. D’Unger “felt like [he] was focused,” and did not believe he acted erratically. D’Unger testified he does not have an explosive personality. Again, he testified that he performed his job well. D’Unger had no opportunity to supervise others and was not given an opportunity to assume additional responsibilities. His loyalty was to the Foundation, not to Al-theide. Finally, D’Unger testified he did keep time records in accordance with record forms provided and did put in more than forty hours a week, usually exceeding six to seven days a week; working as much as was necessary. Considering only the evidence and inferences supporting the finding, D’Unger’s testimony was that he performed his job duties and remained focused. He provided a plan for exempt purpose activities, a plan that was used to create the overview of the Foundation. D’Unger satisfactorily handled the microwave tower construction project. Altheide acknowledged that D’Unger did a good job in developing research projects. He was not given opportunities to take on other responsibilities. Furthermore, as set out above, we have found there is evidence that D’Unger was unwilling to perform an illegal act. Accordingly, this Court concludes the record presents more than a scintilla of evidence to support the adverse finding that D’Un-ger’s unwillingness to perform an illegal act was the sole reason for his termination. Further, after a review of the entire record, we conclude the evidence is factually sufficient to prove the Foundation terminated D’Unger for the sole reason he was unwilling to perform an illegal act. The jury could have believed D’Unger’s testimony, rather than that offered by Al-theide. Further, the jury could have believed evidence, if any, that D’Unger was an impediment to Altheide’s exercise of control, that he was disruptive or insubordinate, and that he disclosed information to third parties, was evidence of D’Unger’s continued refusal to perform an illegal act, the sole reason for his termination. We, therefore, hold the evidence is legally and factually sufficient to support the jury’s finding as to the wrongful termination claim. The Foundation’s fifth issue is overruled. V. Charge Error In its sixth issue, the Foundation challenges subsection (8) of the instruction to Question No. 5 of the jury charge. It provides: An employee is wrongfully discharged if the sole reason for his discharge was: (3) the employee, having knowledge of two or more persons conspiring to injure, oppress, threaten, or intimidate any person in the free exercise or enjoyment of life or property, refuses to conceal and not to make known such matter as soon as possible to some federal authority. . A trial court must submit in its charge to the jury all questions, instructions, and definitions raised by the pleadings and evidence that will aid the jury in reaching a verdict. Tex.R. Civ. P. 278; Hyundai Motor Co. v. Rodriguez, 995 S.W.2d 661, 663-64 (Tex.1999). The trial judge is accorded broad discretion so long as the charge is legally correct. Rodriguez, 995 S.W.2d at 664. Upon the general principle that a proper jury instruction is one that assists the jury and is legally correct, a trial court may personalize or individualize a charge to the facts of the case so the jury can understand the law more easily. United States Sporting Prods., Inc. v. Johnny Stewart Game Calls, Inc., 865 S.W.2d 214, 220 (Tex.App.Waco 1993, writ denied). Trial courts also are given considerably more discretion in submitting instructions and definitions than in submitting questions. Harris v. Harris, 765 S.W.2d 798, 801 (Tex.App.Houston [14th Dist.] 1989, writ denied); Houston Nat’l Bank v. Biber, 613 S.W.2d 771, 776 (Tex.Civ.App.-Houston [14th Dist.] 1981, writ ref'd n.r.e.); see also Ish-in Speed Sport, Inc. v. Rutherford, 933 S.W.2d 343, 349-50 (Tex.App.-Fort Worth 1996, no writ). An explanatory instruction is improper only if it is a misstatement of the law as applicable to the facts. See DeLeon v. Pickens, 933 S.W.2d 286, 292 (Tex.App.-Corpus Christi 1996, writ denied). Specifically, the Foundation contends that subsection (3) is an incorrect statement of the law, and, thus, is immaterial. See Salinas v. Rafati, 948 S.W.2d 286, 288 (Tex.1997); Spencer v. Eagle Star Ins. Co., 876 S.W.2d 154, 157 (Tex.1994). The Foundation argues that subsection (3) transforms the wrongful discharge question into a whistle blower question. This argument, however, miseharacter-izes the trial court’s actions. “The Texas Whistleblower Act provides that certain public employees discriminated against for reporting a violation of the law in good faith to an appropriate law enforcement authority may sue for damages and other relief.” Hinds, 904 S.W.2d at 631 (citing Tex. Gov’t Code Ann. §§ 554.001-.009 (Vernon 1994 & Supp.2003)). Subsection (3) does not instruct the jury that an employee is wrongfully discharged if the sole reason for his discharge was for reporting a violation of the law in good faith to an appropriate law enforcement authority. Rather, subsection (3) instructs the jury that an employee is wrongfully discharged if the sole reason for his discharge was the employee, having knowledge of two or more persons conspiring to injure, oppress, threaten, or intimidate any person in the free exercise or enjoyment of life or property, refuses to conceal and not to make known such matter as soon as possible to some federal authority. The trial court submitted this instruction based on applicable federal law of misprision, a statute identified by D’Unger in his petition. See 18 U.S.C. § 4. Article 18, section 4 of the Constitution of the United States provides: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some ... other person in civil ... authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. Id. We cannot conclude, therefore, that this is an incorrect statement of law as the Foundation argues. Moreover, because trial courts are given considerably more discretion in submitting instructions and definitions than in submitting questions, we conclude the trial court did not abuse its discretion in including this subsection in the instruction. See Harris, 765 S.W.2d at 801; Houston Nat’l Bank, 613 S.W.2d at 776. The Foundation’s sixth issue is overruled. The Foundation asserts in its seventh issue that section (4) of the instruction to Question No. 5 was also included in error. That section provides: An employee is wrongfully discharged if the sole reason for his discharge was: (4) the employee resists intentional harassment of his employer to hinder, delay, prevent or dissuade the employee’s reporting to a law enforcement officer of the United States the commission or possible commission of a federal offense. The Foundation’s sole contention is that this instruction sought to describe the violation of a statute that D’Unger had not specifically pled; thus, it was error to include it in the charge. We conclude, however, that the pleadings were sufficient to support its submission. See Tex.R. Civ. P. 47(a) (pleading shall contain short statement of cause of action, sufficient to give fair notice of claim), 45(b) (pleading shall consist of statement in plain and concise language of plaintiff’s cause of action). D’Unger’s petition set out the following: VI. Plaintiffs discharge was for the sole reason that D’Unger refused to perform an illegal act, and/or made a good faith attempt to determine whether the acts the Foundation requested him to per-' form, ratify and/or approve were illegal. VII. It is herein further alleged that Altheide and others were engaged in a conspiracy in which D’Unger refused to participate. Due to the fact that D’Unger would not participate in a cover up, D’Unger was in effect ordered to make either false statements or conceal information from a department or agency of the United States of America and/or the State of Texas. Because D’Unger refused to be a part of the conspiracy, cover up, and/or obstruction of justice, D’Unger was “squeezed out” of the Foundation. D’Unger’s refusal to cooperate and participate in such illegal and unlawful activities creates an action based on the theory of wrongful termination. Accordingly, we conclude the court did not abuse its discretion when it included this instruction in the charge. See Boyles v. Kerr, 855 S.W.2d 593, 601 (Tex.1993) (“A court should uphold the petition as to a cause of action that may be reasonably inferred from what is specifically stated, even if an element of the cause of action is not specifically alleged.”); see also Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887, 897 (Tex.2000) (petition is sufficient if it gives fair and adequate notice of facts upon which pleader bases claim). The Foundation’s seventh issue is overruled. VI. Tortious Interference Claim In issue three, Altheide asserts the evidence is not legally sufficient or, alternatively, factually sufficient, to support the finding that he tortiously interfered with D’Unger’s contractual agreement with the Foundation. The elements of a cause of action for tortious interference with a contract are: (1) the existence of a contract subject to interference; (2) the occurrence of an act of interference that was willful and intentional; (3) the act was a proximate cause of the plaintiffs damage; and (4) actual damage or loss occurred. Holloway v. Skinner, 898 S.W.2d 793, 795-96 (Tex.1995). The second element is particularly important when the defendant serves the dual roles of corporate agent and the third party who allegedly induces the corporation’s breach. Id. at 796. In that event, to preserve the logically necessary rule that a party cannot tortiously interfere with its own contract, the plaintiff must prove that the corporate agent’s alleged interference was in furtherance of the agent’s personal interests, not the corporation’s. Id. The plaintiff meets this burden by showing that the agent acted in a fashion so contrary to the corporation’s best interests that only the agent’s personal interests could have motivated the actions. Id. The mere existence of a personal stake in the outcome cannot alone constitute proof the corporate agent committed an act of willful or intentional interference. Id. In other words, the plaintiff must show that the agent acted solely in furtherance of the agent’s own interests. Id.; Powell Indus., Inc. v. Allen, 985 S.W.2d 455, 457 (Tex.1998) (per curiam). Once the plaintiff meets its burden, liability for tortious interference with a contract is established unless the corporate agent proves the affirmative defense of legal justification. Holloway, 898 S.W.2d at 796; see Kingston v. Helm, 82 S.W.3d 755, 763 n. 3 (Tex.App.-Corpus Christi 2002, pet. denied). In addition, when a party acts through an agent, the act of an agent for a principal may not subject the agent to liability for tortious interference with a contract so long as the agent acts in good faith and believes that the action is for the best interest of the principal. Holloway, 898 S.W.2d at 794-95. We must consider the principal’s evaluation of the agent’s action when determining whether an agent acted against the principal’s interests. Powell Indus., 985 S.W.2d at 457. A principal is a better judge of its own best interests than a jury or court. Id. If a principal does not complain about its agent’s actions, the agent cannot be held to have acted contrary to the principal’s interests. Id. “[E]ven such a corporate complaint is not conclusive evidence that the agent was acting for his or her personal interests.” Latch v. Gratty, Inc., 107 S.W.3d 543, 546 (Tex.2003). The jury found that Altheide intentionally interfered with D’Unger’s contractual agreement with the Foundation without a good-faith belief that he had a right to do so. We have held that the evidence is legally and factually insufficient to support the finding of an employment contract between D’Unger and the Foundation that modified D’Unger’s at-will employment status. However, an at-will employment agreement, such as the one in this case, can be the subject of a claim of tortious interference. Sterner v. Marathon Oil; 767 S.W.2d 686, 688 (Tex.1990). As we review legal sufficiency, again we consider only the evidence and inferences that support the finding, and disregard all evidence and inferences to the contrary. Lenz, 79 S.W.3d at 19; Maxus, 766 S.W.2d at 276. Altheide did not bear the burden of proof at trial on the tortious-interference claim. Holloway, 898 S.W.2d at 795-96; Kingston, 82 S.W.3d at 763 n. 3. Therefore, we analyze Altheide’s legal-sufficiency challenge in his third issue as a no-evidence issue. Gooch, 902 S.W.2d at 183. Altheide must show that the record presents no evidence to support the adverse finding. Croucher, 660 S.W.2d at 58. Specifically, Altheide must show that the record presents no probative evidence to support the essential fact that his alleged interference was in furtherance of his own personal interests, not the Foundation’s. Holloway, 898 S.W.2d at 795. D’Unger argues that the evidence, including Turner’s testimony, supports the conclusion that his termination was not in the Foundation’s best interest and thus was prohibited by the Foundation’s bylaws. D’Unger’s testimony and the opinion of his expert was that Altheide acted in his own best interests, not the Foundation’s, when he fired D’Unger. D’Unger’s statement of subjective belief of Altheide’s motives, however, is not evidence. See Cont’l Coffee Prods., 937 S.W.2d at 452; see also In re Jones, 974 S.W.2d at 769. Nor are his expert’s speculations evidence. See Pitzner, 106 S.W.3d at 729; see also Wadewitz, 951 S.W.2d at 467. D’Unger also refers us to evidence of the benefit Altheide derived from Al-theide’s personal use of the Ranch and $6,000 salary increase to cover the value of that usage to the Foundation. Considering only the inference suggested by D’Un-ger, that by firing D’Unger Altheide secured a benefit for himself with regard to continued use of the Ranch and increased salary, D’Unger had to prove more than the fact that Altheide benefitted personally from firing D’Unger. Holloway, 898 S.W.2d at 798. He had to prove that Altheide acted willfully or intentionally to serve Altheide’s personal interests at the expense of the Foundation. Id. D’Unger further asserts that the evidence shows that the Board did not ratify his termination as required by the Foundation’s by-laws. However, it is undisputed that D’Unger did not seek election to a new term as director of the Foundation. It is also undisputed that the Board unanimously elected new directors and officers, a slate that did not include D’Unger. Therefore, we find as a matter of law that the Board effectively ratified D’Unger’s termination by not re-electing D’Unger but rather by electing other officers. The Foundation is the best judge of its own interests. See Powell Indus., 985 S.W.2d at 457. The evidence is undisputed that the Foundation did not complain about Al-theide’s termination of D’Unger. We cannot find that Altheide acted contrary to the Foundation’s interests. See id. D’Unger failed to introduce probative evidence tending to prove that firing D’Unger was so contrary to the Foundation’s best interests that it could only have been motivated by Altheide’s pursuit of his own personal interests. See Holloway, 898 S.W.2d at 798. No more than a scintilla of evidence exists “that would enable reasonable and fair-minded people to differ in their conclusions” about whether Altheide furthered his own personal interests at the expense of the Foundation’s in firing D’Unger. See Moriel, 879 S.W.2d at 25. Accordingly, we find that D’Unger did not meet his burden of proving each element of tortious interference. See Holloway, 898 S.W.2d at 795. Because D’Unger did not establish liability for tortious interference with a contract, we need not address Altheide’s affirmative defense of legal justification. See id. We hold that the evidence is legally insufficient to support the finding that Altheide tortiously interfered with D’Unger’s at-will employment agreement with the Foundation. See id. Having found that the evidence is legally insufficient to support the finding, we sustain Altheide’s third issue. VII. Evidentiary Issues A. Motivation Testimony In its ninth issue, the Foundation contends the trial court erred in allowing Turner to testify as to the Foundation’s motive for terminating D’Unger’s employment because his testimony is speculative and unreliable. To support its claim of error, the Foundation relies on an objection it made to Turner’s testimony wherein he provided his opinion as to why Altheide terminated D’Unger. This objection was overruled. After examining the record in this case, however, we conclude appellant has waived the issue it brings on appeal. A party should object every time inadmissible evidence is offered. See Duperier v. Texas State Bank, 28 S.W.3d 740, 755 (Tex.App.-Corpus Christi 2000, pet. dism’d by agr.). The Foundation failed to object to Turner’s subsequent testimony regarding the sole reason that the Foundation terminated D’Unger. The Foundation did not ask the trial court for a running objection on motivation testimony. Thus, it has waived its objection to the testimony about which it complains on appeal. See id. Moreover, to obtain reversal of a judgment based on error in the admission or exclusion of evidence, an appellant must show that the trial court’s ruling was in error and that the error was calculated to cause and probably did cause “the rendition of an improper judgment.” Tex. R.App. P. 44.1; Owens-Coming Fiberglas Corp. v. Malone, 972 S.W.2d 35, 43 (Tex.1998). Therefore, even if we were to conclude the trial court erred in admitting the complained of testimony, the Foundation has not shown that the error was calculated to cause and probably did cause “the rendition of an improper judgment.” Tex. R.App. P. 44.1; Owens-Coming Fiberglas Corp., 972 S.W.2d at 43. The Foundation’s ninth issue is overruled. B. Admission of Exhibits By the eleventh issue, appellants contend the trial court erred in admitting exhibits 34 and 54, evidence requested by the appellants but withheld by D’Unger. Each exhibit is a faxed correspondence from the Foundation’s attorney, Carol Bailey, to Altheide. Unless the trial court finds good cause, the failure to supplement discovery results in the loss of opportunity to present evidence. Morrow v. HEB, Inc., 714 S.W.2d 297, 297-98 (Tex.1986). The trial court’s determination of whether a party had good cause for failure to supplement discovery will not be set aside, however, unless there is an abuse of discretion. Id. at 298. Moreover, as set out above, to obtain reversal of a judgment based on error in the admission of evidence, an appellant must show that the trial court’s ruling was in error and that the error was calculated to cause and probably did cause “the rendition of an improper judgment.” Tex R.App. P. 44.1; Owens-Corning Fiberglas Corp., 972 S.W.2d at 43. Therefore, even if the trial court erred in admitting the exhibits, the Foundation has not shown that the error was calculated to cause and probably did cause “the rendition of an improper judgment.” Tex R.App. P. 44.1; Owens-Corning Fiberglas Corp., 972 S.W.2d at 43. Thus, we overrule the Foundation’s eleventh point. VIII. Trial Subpoena of DuBose, a Non-Party Witness Appellants, by their tenth issue, contend the trial court erred in issuing the subpoena of DuBose. They argue that the court erred because DuBose was not a party to the suit and because he was beyond the range of proper service under Texas Rules of Civil Procedure 176.3(a) and 176.5(a). Tex.R. Crv. P. 176.3(a), 176.5(a). Appellants also urge error on the basis that the subpoena was improperly served on their counsel. We examine a trial court’s decision to quash a subpoena to determine if the court abused its discretion. Shannon v. Devine, 917 S.W.2d 465, 467 (Tex.App.Houston [1st Dist.] 1996, orig. proceeding). As above, however, we need not address whether the court abused its discretion, because, even assuming error, appellants have not shown what harm resulted from the issuance of the subpoena. Tex.R.App. P. 44.1. DuBose was called as D’Unger’s first witness. Appellants were given the opportunity to cross-examine DuBose. Furthermore, DuBose has not made any appearance in this appeal, and did not, himself, challenge the court’s ruling on appellants’ motion to quash. Appellants’ tenth issue is overruled. IX. Damages In its twelfth issue, the Foundation contends that the trial court erred in allowing the recovery of damages past September 1, 1998, the term of the alleged contract. Although the contract claim failed, D’Un-ger has prevailed on the wrongful termination claim against the Foundation. Therefore, we review this argument as it applies to wrongful termination. Generally, when the terms of employment are indefinite, the loss of wages an employee would have earned in the indefinite future is not a recoverable item of damages. Town of S. Padre Island v. Jacobs, 736 S.W.2d 134, 137 (Tex.App.-Corpus Christi 1986, writ denied). However, as set out above, under Sabine Pilot, an employee may recover damages for the employer’s wrongful termination if the employee proves he was discharged solely for refusing a request to perform an illegal act that would subject the employee to criminal penalties. See Sabine Pilot, 687 S.W.2d at 735. Although the majority in Sabine Pilot did not address damage issues, Justice William W. Kilgarlin, in his concurrence, writes that damages under the Sabine Pilot narrow exception should parallel those available in a worker’s compensation case where an employee has been wrongfully discharged. Id. at 736 (concurrence, Kilgarlin, J.). Logically, [Texas Labor Code section 451.001] (prohibition for filing a worker’s compensation claim) should serve as a guide [in determining plaintiffs measure of damages when the Sabine Pilot’s narrow exception applies]. If so, damages would include loss of wages, both past and those reasonably anticipated in the future, and employee and retirement benefits that would have accrued had employment continued. It would also include punitive damages. Id. (citing Carnation Co. v. Borner, 610 S.W.2d 450, 454 (Tex.1980) (future lost wages awarded in wrongful discharge worker’s compensation case)); see Borden, Inc. v. Guerra, 860 S.W.2d 515, 524 (Tex.App.-Corpus Christi 1993, writ dism’d by agr.) (past and future lost wages for wrongful discharge in worker’s compensation case affirmed); see also Tex. Lab.Code Ann. § 451.002 (Vernon 1996) (person violating section 451.001 hable for reasonable damages incurred by employee as result of violation). We agree with this reasoning and hold the trial court did not err in allowing recovery of wages reasonably anticipated past September 1, 1998. The Foundation’s twelfth issue is overruled. In issue thirteen, the Foundation argues the evidence is legally and factually insufficient to support the jury’s finding of the present value of D’Unger’s future lost wages in the amount of $359,332.00. The Foundation specifically complains that D’Unger’s expert, Scott Turner, a certified public accountant, who provided the only evidence of damages, did not include a calculation of the present value of D’Un-ger’s future lost wages. “[T]he jury has the power to consider as proven any matter that is of common knowledge in the community.” Mo. Pac. R.R. Co. v. Kimbrell, 160 Tex. 542, 334 S.W.2d 283, 286 (1960). While the jury must assess damages to accrue in the future on the basis of the present cash value (the amount if paid now in cash), still no evidence of the earning power of money must be introduced. Id.; Rendon v. Avance, 67 S.W.3d 303, 310 (Tex.App.-Fort Worth 2001, pet. granted, w.r.m.); see McIver v. Gloria, 140 Tex. 566, 169 S.W.2d 710, 712 (1943) (amount of plaintiffs loss of earning capacity is always uncertain and must be left largely to jury’s sound judgment and discretion). In the present case, the trial court instructed the jury to calculate the awards for lost earnings in terms of a sum of money, “the present cash value.” We must presume that the jury properly followed the trial court’s instructions. See Rendon, 67 S.W.3d at 311 (citing Turner, Collie & Braden, Inc. v. Brookhollow, Inc., 642 S.W.2d 160, 167 (Tex.1982) (appellate court must assume jury properly followed trial court’s instructions)). As set out in Kimbrell, we believe the jury was qualified to make the calculation of the present value of D’Unger’s lost wages based on its common knowledge. See Kimbrell, 334 S.W.2d at 286. We conclude, therefore, evidence of the earning power of money, either by way of interest rates or proper discounts, was not required to be introduced. The Foundation’s thirteenth issue is overruled. X. Conclusion Accordingly, we affirm the judgment of the trial court on D’Unger’s wrongful termination claim and the award of damages against the Foundation. We reverse and render judgment on the breach-of-contract claim in favor of the Foundation. We also' reverse the trial court’s award of attorney’s fees and render judgment that D’Un-ger