“[Direct Supervisor’s] testimony rebutted [employer’s] reason that [employee] improperly documented her hours on the time sheets. [Direct Supervisor’s] testimony also rebutted [employer’s] reason that [employee] taking patient files home constituted a privacy violation.” … “As for [employer’s] allegation that [employee] failed to attend a particular conference and notify her supervisors, [direct-supervisor] testified [that employee] did advise him regarding her inability to attend. He further testified that he did not consider her absence at the conference a disciplinary problem. [Employer] also had pointed to [employee’s] failure to pass a written examination on the new operating procedures that had been implemented. [Direct Supervisor] testified that approximately four employees did not pass the initial examination; however, all the employees, including [employee], eventually passed the test.”
Hague v. Univ. of Tx. Health & Sci. Ctr. at San Antonio, 560 Fed. Appx. 328, 337–38 (5th. Cir. March 28, 2014) (Benavides, J.).