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“The Court finds that nearly all of Defendant’s arguments that Plaintiff was fired for performance related issues are not clearly supported by an employment records….  [E]ach of Defendant’s assertions that Plaintiff was not performing adequately in her position were only asserted after she filed her Equal Employment Opportunity Commission claim.”

Zeno v. Livingston Management, Inc

“The Court finds that nearly all of Defendant’s arguments that Plaintiff was fired for performance related issues are not clearly supported by an employment records….  Livingston management often uses write-ups and notices to establish a record.  According to the record from the time that Plaintiff was hired until she was terminated, it is not clear

“Plaintiff has presented evidence that raises a genuine issue of material fact in support of her claim….  She has presented evidence that Davide Penninger, an IT Department Manager, believed Plaintiff could be best utilized as a member of the SAP team and, therefore, returned her to the team.  Penninger was precluded from doing so and

“Plaintiff has presented evidence that raises a genuine issue of material fact in support of her claim…. Plaintiff has presented evidence that after execution of the Settlement Agreement, all managerial responsibilities included in her job description were removed.”

Nguyen v. Metropolitan Transit Authority of Harris County, 2013 WL 4506001 at *3 (S.D. Tex. August

“The 2008 EEOC Charge was against [Defendant], not [alleged harasser].  It was [Defendant], not [alleged harasser], who entered into the settlement agreement to increase Plaintiff’s annual gross compensation, to pay her a lump sum, to raise her grade classification, and to pay her attorney’s fees.  Plaintiff has presented credible evidence that [Defendant]’s executives and managers