Topic
Pretext
81 published works
Texas Employment Lawyer
Evidence that an employee’s actions were because of a supervisor’s instructions constitutes evidence of pretext.
By JMANCHESTER
“Plaintiff has presented evidence that her supervisors, [names], suggested the discipline of having Wade recite the SOPs. Plaintiff expressed her disagreement with the proposed disciplinary procedure but ultimately followed her…
Texas Employment Lawyer
Evidence that an employee’s version of events were not fully investigated and that investigation was one sided constitutes evidence of pretext.
By JMANCHESTER
“Plaintiff has presented evidence that when she attempted to explain her position to supervisors, they told her ‘they didn’t want to hear it.’ Plaintiff has presented evidence that, when she…
Texas Employment Lawyer
Evidence that plaintiff was fired for not signing a form that was not required in the past, coupled with prima facie case, shows pretext.
“Compelling is the fact that Defendant’s basis for the insubordination charge stems from Plaintiff’s refusal, for arguably legitimate reasons, to sign a form Defendant has not required be signed in…
Texas Employment Lawyer
An employee’s testimony that the Plaintiff did not commit the alleged act of misconduct constitutes evidence showing pretext.
By JMANCHESTER
“Plaintiff has presented strong evidence that raises a genuine issue of material fact regarding whether [Defendant]’s assertion that [Plaintiff] discriminated against Wade on the basis of [employee]’s race is false. …
Texas Employment Lawyer
Replacement of plaintiff months after termination satisfies prima facie case.
“Although Defendant suggests that the remote temporal proximity of the African American hire and Plaintiff’s termination indicate no relation between the two events, such is an inference more properly drawn…
Texas Employment Lawyer
The lack of interview notes favors plaintiff’s version of events.
“In response to Defendants’ claim that De La Cruz was only temporarily filling the fulltime position, De La Cruz insists that Diaz actually hired her for the full-time position. De…
Texas Employment Lawyer
In determining whether an employee’s rebuttal precludes summary judgment, courts look to see whether an employer’s reason for discrimination or termination was pretextual.
“Pretext may be shown ‘either through evidence of disparate treatment or by showing that the employer’s proffered explanation is false or unworthy of credence.” Hoffman v. Baylor Health Care System,…
Texas Employment Lawyer
Plaintiff can establish pretext for defendants stated reason of saving money by showing other individuals where hired.
“Plaintiff argues pretext based on the following points: (1) that defendant’s proffered reason is not supported by any documentation; (2) that Sheriff Little hired fourteen (14) new employees before…
Texas Employment Lawyer
A supervisor not being terminated for same conduct is evidence of pretext.
“Nonetheless, the summary judgment evidence also demonstrates that Defendant’s reasons for Plaintiff’s ‘separation’ from Tyson were inconsistent and create a fact issue as to their pretextual nature. For example, although…
Texas Employment Lawyer
Allegations of poor performance that arise only after an EEOC charge is filed constitutes pretext.
By JMANCHESTER
“The Court finds that nearly all of Defendant’s arguments that Plaintiff was fired for performance related issues are not clearly supported by an employment records…. [E]ach of Defendant’s assertions that…