In May 2004, Plaintiff became a letter carrier with the USPS. Plaintiff alleges that Defendant retaliated against him after he filed numerous grievances and EEO complaints. He argues that his disciplinary actions began around the same time and are separated from his protected activity by only a two-month period. Because of this, Plaintiff contends that a causal connection exists between his protected activities and his subsequent disciplinary actions.

As Defendant proffers, Plaintiff was placed in off-duty status and without pay on September 9, 2013, for violating internal postal regulations because he operated a vehicle with a suspended license. Defendant contends that it became aware of Plaintiff’s license suspension only that day and placed Plaintiff in an off duty status immediately upon learning of the suspension. However, Plaintiff contends that his supervisors were well aware of his license suspension since at least February 26, 2013, but waited six months to bring disciplinary action against him. Plaintiff also contends that, in any case, he had a valid occupational license to drive that day. If Plaintiff’s contention are true, then they could support a retaliation claim for his September 9, 2013 placement in off-duty without pay status based on his protected activities of filing a grievance upon receipt of the NOPR and his July 31, 2013 EEOC charge.

Cabral v. Brennan, 2016 WL 737949 (W.D. Tex., 2016).

 

Print:
EmailTweetLikeLinkedIn
Photo of Adam S. Greenfield Adam S. Greenfield

We asked Adam S. Greenfield, an experienced Trial Attorney in the Dallas office of Rob Wiley, P.C., to provide his outspoken answers to a range of questions.  After reading, you will be more acquainted with the soundness and ability that Mr. Greenfield

We asked Adam S. Greenfield, an experienced Trial Attorney in the Dallas office of Rob Wiley, P.C., to provide his outspoken answers to a range of questions.  After reading, you will be more acquainted with the soundness and ability that Mr. Greenfield emanates.

1. If you were not practicing labor and employment law what would you be?

Either a General Manager of a sports team, or a Teacher.

2. What is the most important issue to you of being an advocate?

Justice.

3. Why did you decide to become a lawyer?

At some point during law school, I decided that I wanted to be able to help people who were in a bad place, and I thought the best way to do this was to represent employees.

4. What is the most satisfying part of working for Rob Wiley, P.C.?

Working with other kind and smart people.

5. What is the biggest mistake you see employers make?

Not treating employees with respect.

6. What issue would you argue before the Supreme Court?

That discrimination against members of the LGBT community should be protected under The Civil Rights Act of 1964 for gender discrimination.

7. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

Working for a Sports Agency.

8. What skills do you most value as an employment attorney?

Logical thought.

9. What is your favorite food?

Fried egg and bacon sandwiches, and sashimi.  Not at the same time though!

10. What’s the best part of living in Dallas?

Dallas is home!

Adam S. Greenfield is a Trial Attorney in the Dallas office of Rob Wiley, P.C.  He graduated from The University of Texas at Austin in 2006.  Mr. Greenfield went on and received his law degree from The University of Miami School of Law in 2010.