Discrimination, Retaliation, Wrongful Termination, and Unpaid Wages
“[A]fter the Plaintiff was hired and before she was fired, Wade made an allegation of race discrimination. Abadilla (age 61 at the time Plaintiff was discharged) was herself implicated in the Wade situation…. [T]hese changed circumstances, primarily Wade’s allegation of race discrimination, render the ‘same actor’ inference inapplicable.”
Bautista v. Quest Diagnostics Clinical Laboratories, Inc…
“McMann asserts that he resigned even though he did not want to because he felt compelled to do so…. Additionally, in a sworn statement, Gregg Williams states that Leissner told him the missing trash cart had been the reason for McMann’s termination…. The factual dispute[s] … are enough to demonstrate a genuine dispute of material…
“[B]ecause there were a number of individuals involved in the decision to terminate Plaintiff’s employment, some of whom were not involved in the decision to hire her, the ‘same actor’ inference is inapplicable.”
Bautista v. Quest Diagnostics Clinical Laboratories, Inc., 2013 WL 4647677 at *6 (S.D. Tex. August 30, 2013) (Atlas, J.).
“Plaintiff testified that because she was provided no assurances about how no contact with [the harasser] was going to be enforced and [the harasser] was not disciplined in any manner, she had no choice but to accept the transfer. A genuine issue of material fact exists as to whether the employer exercised reasonable care to…
“[Employee] told Plaintiff that she would be okay financially because she was old enough to receive Social Security benefits … [and] that training Plaintiff was ‘not a priority’ and that she and [Employee] were ‘old ladies’ who were ‘slow to make decisions’ … [T]he statements are evidence that, combined with other evidence discussed above, raises…
“McMann testified in his deposition that Watson told him that he had an option of turning in his two weeks notice or being terminated immediately…. The factual dispute[s] … are enough to demonstrate a genuine dispute of material fact.”
McMann v. Greystar Management Services, LP, CA No. 1:12-CV-909, 2013 WL 6243847 at *4 (W.D. Tex.…
“Although the City’s complaints about the alleged shortcomings in [Plaintiff]’s analysis may go to the probative value of his testimony, based on the record as a whole we conclude that there is sufficient statistical evidence from which a jury could reasonably conclude that the Consolidation Agreement caused the disparate impact alleged.”
City of Austin v.
“A fact issue exists as to whether conduct is severe or pervasive where an employee provides evidence that the harasser ‘sought her out, gave her hugs, invited her to drinks, took a photo of her and showed it to his subordinate, used her cell phone and added him to her Facebook ‘friends,’ and showed her…
“[Defendant] asserts that Plaintiff ‘was unable and/or refused to recognize and acknowledge any wrong doing.’ Plaintiff has presented substantial evidence that Defendants’ allegations against her are false and that she committed no ‘wrong doing.’ Consequently, a refusal to acknowledge misconduct would be neither surprising nor a basis for termination.”
Bautista v. Quest Diagnostics Clinical Laboratories…
“Plaintiff has presented evidence that her supervisors, [names], suggested the discipline of having Wade recite the SOPs. Plaintiff expressed her disagreement with the proposed disciplinary procedure but ultimately followed her supervisors’ instructions.”
Bautista v. Quest Diagnostics Clinical Laboratories, Inc., 2013 WL 4647677 at *5 (S.D. Tex. August 30, 2013) (Atlas, J.).
