“Considering the evidence in the light most favorable to Plaintiff, she initially chose to leave LHS after Anderson gave her an ultimatum to either follow her directions or clock out, and upon complaining to Ross, he told her not to return to work until he instructed.  While there is conflicting evidence of whether Ross promised to pay Plaintiff for her time off and actually followed through on such promise, the Court cannot resolve such a factual dispute in the context of a motion for summary judgment.”

Garcia v. Garland Ind. Sch. Dist., No 3:11-cv-502-N-BK, 2013 WL 5299264 at *10 (N.D. Tex Sept. 20, 2013) (Godbey, J.).