When Plaintiff actions are consistent with the instruction of her manager, there is a question of fact as to whether the employer’s asserted reason for termination is “false or ‘unworthy of credence’” when the employer alleges those actions as the basis for termination.

By Kalandra N. Wheeler on June 13, 2016

“[Plaintiff] testified that [manager] Young instructed her to refuse [the customer’s] attempted return, and that she was disciplined for doing just that. [Plaintiff] explained that [customer] requested her termination, and that [manager] Young responded “don’t you worry sir. I’m fixing to take care of her right now.” And according to [customer], his complaint to co-manager Copeland was only made at [manager] Young’s behest. This evidence creates a question of fact as to whether Wal-Mart’s asserted reason is “false or ‘unworthy of credence.’” Moss, 610 F.3d at 922 (internal citation and quotation omitted).”

Morris v. Derrick Young, Wal-Mart Stores East, L.P., and Steven Lane, Civil Action No. 1:14-cv-136-SA-DAS, 2016 WL 2354642 (N.D. Miss., May 3, 2016)

Texas Employment Lawyer

When Plaintiff actions are consistent with the instruction of her manager, there is a question of fact as to whether the employer’s asserted reason for termination is “false or ‘unworthy of credence’” when the employer alleges those actions as the basis for termination.

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