Topic
Pretext
81 published works
Texas Employment Lawyer
Terminating Plaintiff’s contract after twenty-four years of employment in the absence of prior work related complaints is evidence of pretext.
“[T]he absence of any earlier criticism of [Plaintiff’s] work as Board attorney and the manner in which the Board selected [Plaintiff’s] replacement would suggest to a reasonable juror that the…
Texas Employment Lawyer
Evidence demonstrating the falsity of the defendant’s explanation, taken together with the prima facie case, is likely to support an inference of discrimination even without further evidence of the defendant’s motive.
By Eric P. Dama
“When asked why Plaintiff’s position was eliminated, as opposed to one of the workers in the maintenance department, Childress testified that the District was ‘making decisions based on cost savings.’ …
Texas Employment Lawyer
An employee can demonstrate pretext where other individuals that assisted with her complaint also experience an adverse employment action.
“[I]n her response to [employer’s] motion for summary judgment, [employee] also pointed out that [employer] did not renew the contract of other female employees who had supported [employee’s] complaint during…
Texas Employment Lawyer
decisionmaker asserting influence over other members of the deciding board with regards to terminating the employment contract of a Caucasian male only in order to replace him with an African-American female is evidence of pretext.
“[Plaintiff] presented sufficient testimony about the positions and relationships between members of the Board…. Those relationships and positions were evidence that suggested the influence [members] with racial animus could exert…
Texas Employment Lawyer
Declarant of racist statement in a direct evidence case does not need authority to hire and fire.
Direct evidence requires a statement be “made by an individual with authority over the employment decision at issue.” Lawson v. Hinds County School Dist., 2014 WL 373199 *5 (S.D. Miss.…
Texas Employment Lawyer
When arguing pretext, an employee should emphasize that their employer refused to give a reason for termination, but subsequently manufactured a laundry list of reasons for their termination.
“We think it significant that, although [decision-maker] refused to give [employee] any reason when he notified her that her contract was not being renewed, during the instant litigation [decision-maker] was…
Texas Employment Lawyer
Statements indicating spitefulness for reporting discrimination is evidence of pretext because it shows motive.
“[Plaintiff] claims that the Disciplinary Warning was issued in retaliation for his reporting of Cooper's racially hostile statements. [Defendant] asserts that the warning issued because Willis demonstrated a ‘lack of…
Texas Employment Lawyer
Company’s lack of disciplinary procedures and failure to inform an employee of subpar performance prior to termination for performance constitutes evidence of pretext.
By JMANCHESTER
“[Defendant] does not appear to have formal written procedures in place for handling disciplinary matters, and there is no indication that [Plaintiff] was in fact informed that her work was…
Texas Employment Lawyer
Employee’s testimony and a corroborating statement from another witness is enough to create a question of fact.
By JCOHEN
“McMann asserts that he resigned even though he did not want to because he felt compelled to do so…. Additionally, in a sworn statement, Gregg Williams states that Leissner told…
Texas Employment Lawyer
Threatening a witness to alter their version of the facts by implying their job is at risk is evidence of pretext in fabricating a reason to terminate the employee.
By JCOHEN
“Plaintiffs noted that during his second interview, Rick Mills asked Walsh such questions as, ‘How much do you value your job? Do you value your job over your friendship with…