Topic
Pretext
81 published works
Texas Employment Lawyer
Lack of prior discipline for over twenty-nine years and failure to cite specific incidents of unprofessionalism is evidence of pretext.
“Plaintiff’s immediate supervisor also acknowledged that Plaintiff had never received a written reprimand due to work related issues. Indeed, Barajas’s deposition was taken, but he could not identify specific incidents…
Texas Employment Lawyer
Evidence that an employer documents poor performance for other employees can show pretext that performance is not the reason for termination when the alleged poor performance is not documented for the employee.
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…. Livingston management often uses write-ups…
Texas Employment Lawyer
Evidence that a supervisor believed an employee would be a good fit on a project but was told by management that the employee wasn’t allowed on the project constitutes evidence of pretext.
By JMANCHESTER
“Plaintiff has presented evidence that raises a genuine issue of material fact in support of her claim…. She has presented evidence that Davide Penninger, an IT Department Manager, believed Plaintiff…
Texas Employment Lawyer
Once an employer has articulated legitimate, nondiscriminatory reason for an employment action at issue, the employee must present substantial evidence that the employer’s proffered reason is a pretext for discrimination.
By CRANSOM
“When it is alleged that bigoted remarks are laughed at by fellow employees and managers, even when those remarks are not directed at the plaintiff, it becomes more likely the…
inversecondemnation.com
Cal App Tackles Pretext … But Not Eminent Domain Pretext
This is a long one from the California Court of Appeal, Fourth District (58 pages, with an 11-page dissent), so we're not going to go into detail. But if a…
inversecondemnation.com
Sorry, Property Owners. Supreme Court Just Not That Into You
When the cert petition was filed in Ilagan v. Ungacta, No. 12-723 (cert. petition filed Dec. 7, 2012), we wrote that the case seemed like a good vehicle for the…
Employment Law Matters
Dishonest response on an initial application can come back to haunt an employee.
In a non-precedential opinion, the 3d U.S. Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict.…
Sixth Circuit Appellate Blog
Sixth Circuit Clarifies “Honest Belief” Standard
On Tuesday, the Sixth Circuit resuscitated Plaintiff-Appellant Johnnie Brooks, Jr.’s (“Brooks”) claim under the Age Discrimination Employment Act, 29 U.S.C. § 621 et seq., (“ADEA”) finding Brooks established a prima…
inversecondemnation.com
Cert Denied In Pretext Case
Some day, the Court will grant cert in another eminent domain case.But today is not that day.The Court declined to review C & J Coupe Family Ltd. P'ship v. County…
inversecondemnation.com
Cert Petition: After Kelo, When Is Eminent Domain Pretextual?
On July 14, 2011, we filed this cert petition (also posted below), which asks the U.S. Supreme Court to review the Hawaii Supreme Court's decision in County of Hawaii v. C&J Coupe…