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Category Archives: Wrongful termination

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Allegations that an employer’s billing practices violated a federal criminal statute prohibiting healthcare fraud are sufficient to state a claim under Sabine Pilot.

Posted in Whistleblower claims, Wrongful termination
“In this case, the plaintiff’s averments regarding the defendant’s billing practices are criminal in nature. For example, the plaintiff’s original complaint alleges that ‘BCH began requesting that the Plaintiff see multiple patients at the same time, bill units in empty time slots, and bill incorrectly. However, Plaintiff refused….’ Such practice could subject individuals to criminal… Continue Reading

Finding a male employee a job for his transfer but requiring a similarly situated female employee to undergo an interview process for her transfer, both required to transfer as part of disciplinary actions, constitutes prima-facie disparate treatment.

Posted in Discrimination, Wrongful termination
“Fuqua and Vontice were both assistant managers at the same Wal-Mart store. Vontice had an arguably worse history of work violations. Both were found to have improperly taken cash advances and both timely paid them back. . . .[E]ach was given thirty days to repay the money and obtain an hourly position at another store.… Continue Reading

Declining to terminate an employee engaging in the same behavior that led to the plaintiff’s termination raises a triable issue of fact as to disparate treatment.

Posted in Discrimination, Wrongful termination
“[Plaintiff] claims that [coworker] was treated more favorable than plaintiff because [employer] did not terminate [coworker]’s employment for engaging in the same behavior that led to [Plaintiff]’s dismissal.” Walsh v. Stratos Offshore Servs. Co., CIV. A. H-11-2603, 2012 WL 3929870, at *3 (S.D. Tex. Sept. 7, 2012). Court denied summary judgment on the discrimination claim.… Continue Reading

A triable issue exists as to whether an employee is treated less favorably than other employees when she is placed on a PIP or terminated but non-protected employees recieving similar critiques are not.

Posted in Discrimination, Wrongful termination
“[O]ther employees . . . received similar performance critiques to hers but none was placed on a Performance Improvement Plan or had their employment terminated.” Edwards, 2013 WL 474770 at *3. “[T]here is at least a genuine issue of material fact regarding whether similarly situated employees were treated differently.” Id.… Continue Reading

Prima facie causation exists when an employer terminates an employee because it believes that the employee’s disability prevents her from performing essential functions.

Posted in Disability discrimination, Discrimination, FMLA violations, Wrongful termination
“[Plaintiff] can establish the third prima facie element, that she was subjected to an adverse action based on her disability, because [employer] readily admits that [Plaintiff] was terminated because she was unable to return to work without lifting restrictions at the time her FMLA leave expired.” Molina, 840 F. Supp. 2d at 1004.… Continue Reading

Giving an employee an ultimatum with which she cannot comply constitutes a constructive discharge.

Posted in Discrimination, Wrongful termination
“[Plaintiff] claims that [supervisor] gave her an ultimatum that, in effect, forced her to miss her regularly-scheduled physical therapy session in order to keep her job. Specifically, [Plaintiff] was told that if she missed the upcoming Wednesday for therapy, or any day for that matter, she would be fired. This allegation is sufficient[] . .… Continue Reading

A function that the job “may occasionally” require is not an essential function.

Posted in Disability discrimination, Discrimination, Wrongful termination
“[T]he job description states that the supervisor ‘may perform manual labor’ . . . . Just because . . . the supervisor sometimes ‘may perform’ such labor does not override the consideration that the ability to perform physical labor is not an essential or even mandatory component of the supervisor’s job. Therefore, [Plaintiff]’s inability to… Continue Reading

Failing to remove an employee from a coaching plan when he satisfies all requirements, and then placing him on a PIP, is evidence of constructive discharge.

Posted in Discrimination, Wrongful termination
“Despite the coaching plan being bogus, Plaintiff satisfied all requirements of the initial coaching plan. However, [supervisor] never took Plaintiff off of the plan. Instead, he extended it . . . and moved Plaintiff to a PIP almost immediately after the extended coaching plan ended. Thus, Plaintiff asserts that Defendant’s conduct clearly was calculated to… Continue Reading

If an employer changes its qualification standards after it learns that an employee meets the old standard, the court should apply the old standard.

Posted in Discrimination, Wrongful termination
“It was not until after [Plaintiff] . . . brought to [employer]’s attention that he had a Texas Teachers Certificate that [employer] reconsidered the propriety of qualifying an instructor based on a Texas Teachers Certificate. At that point, [employer] determined that a Texas Teachers Certificate is not the equivalent of a Bachelor’s degree. The issue… Continue Reading

Losing the ability to engage in a non-essential function due to disability does not render an employee unqualified, even if he voluntarily engaged in the activity before.

Posted in Disability discrimination, Discrimination, Wrongful termination
“[Plaintiff] stated that it was his custom as supervisor to perform manual labor alongside his employees. Further, as an example of the type of work the supervisor might perform, the job description states that the supervisor ‘may perform manual labor . . . . Just because [Plaintiff] routinely performed manual labor or that the supervisor… Continue Reading

An employee is not unqualified for a job that does not actually require the responsibilities cited by the employer.

Posted in Discrimination, Wrongful termination
“[Plaintiff] has provided ample conflicting evidence showing a genuine issue of material fact regarding whether the Operations Manager ever had responsibility for supervising Business Services.” Mercer, 2013 WL 164107 at *9. “[Plaintiff] has provided competent summary judgment evidence that she was qualified for the Operations Manager position . . . .” Id. at 10.… Continue Reading