“In light of Pate’s wrongful interpretation and application of its Policy, and its failure to discharge a younger driver with four violations in a two-year period, a reasonable jury could disagree that Defendant’s stated reason for Plaintiff’s discharge was the true or real reason for terminating him, and find that the stated reason was pretext for intentional age discrimination. If the Policy had provided that a driver would be classified as unacceptable for being involved in three accidents in any three-year period, this might present a different result as to a genuine dispute of material fact. Perhaps, this is how Pate has historically applied and interpreted the Policy, but such application and interpretation are clearly contrary to its plain language.” 2016 WL 3364995, at *10.
Jones v. Pate Rehab. Endeavors, Inc., No. 3:14-CV-2218-L, 2016 WL 3364995 (N.D. Tex. June 17, 2016).