Employee Rights

Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.

By Colin W. Walsh on August 20, 2015

Posted in Cat's paw, Imputing Improper Motive, Pretext

As discussed above, Hauss allegedly misrepresented the erratic test results—which Dr. McKinnon and Audiologist Sanders attribute to Brown’s hearing disability—to the decisionmaker Goodson, thereby creating a factual issue as to whether Hauss exhibited disability-based animus. In turn, Goodson conducted a subsequent investigation into Brown’s conduct, including, among other things, consultation with Hauss. Goodson testified…

An employer that works in several cities and countries and is in the shipping industry is an enterprise engaged in commerce under the FLSA.

By Eric P. Dama on June 26, 2015

Posted in FLSA violations

“‘Commerce’ means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.’ Plaintiff’s complaint alleges that Defendant itself has offices in four states and five countries. In addition, PetroMar’s business involves shipping in the oil and maritime industry, and its employees were sent to work on…

Alleging that an employee regularly worked over forty hours per workweek and was not paid time-and-a-half is sufficient to give rise to a plausible claim for relief under the FLSA.

By Eric P. Dama on January 30, 2015

Posted in FLSA violations

“Defendant suggests that Plaintiff’s complaint fails because he does not allege the total amount of unpaid wages that he deserves. An FLSA plaintiff is not, however, required to plead the precise amount of unpaid wages to which he is allegedly entitled.”

Murphy v. Multi-Shot, LLC, 2014 WL 4471538, at *2 (S.D. Tex. Sep. 10,…

To prove constructive discharge, Plaintiff must demonstrate a greater severity or pervasiveness of harassment than the minimum required to prove a hostile working environment.

By Eric P. Dama on January 23, 2015

Posted in Hostile Work Environment

“Plaintiff contends that DHS, through its discrimination and harassment, constructively discharged him. Plaintiff resigned in September 2008. Given that it has determined that a genuine dispute of material fact exists as to Plaintiff’s hostile work environment claim, and in light of other conduct by Defendant’s employees, the court concludes that a genuine dispute of material…

regular pattern of frequent verbal ridicule or insults sustained over time can constitute severe or pervasive harassment sufficient to violate Title VII.

By Eric P. Dama on January 16, 2015

Posted in Hostile Work Environment

“In the interrogatories, Plaintiff states that Wood called him a “wetback”on five different occasions: (1) April 21, 2008; (2) May 29, 2008; (3) June 21, 2008; (4) July 10, 2008; and (5) August 8, 2008. Wood also told Plaintiff that “Salvadorans are liars” on July 8, 2008. Given the number of times these racial comments…

Four references to an employee’s protected activity during a much longer meeting where multiple subjects were discussed is sufficient to create a fact issue as to causation.

By Colin W. Walsh on January 12, 2015

Posted in Retaliation

“While it is true that these statements are few in number, and that much of the meeting was spent discussing other subjects, their number does not strip the statements of their status as evidence. After a court draws the negative inference that Sheriff Cutler was negatively referencing Haverda’s letter to the editor, the amount of…

To establish the third element of a prima facie case for retaliation under Title VII, a plaintiff must ultimately present evidence that there is a causal link between the protected activity and the adverse employment action.

By Eric P. Dama on January 9, 2015

Posted in Retaliation

“A review of her pleadings reflects that [Employee] has alleged that she has worked for [Employer] since 1988, she encountered no problems in the workplace until she was listed as a witness in [Co-worker]’s complaint in July 2008, and, shortly after being listed as a witness in the legal action [Co-worker] filed in state court…

Global statement that company did not fire any employee for complaining about wages is not a legitimate non-retaliatory reason.

By Nicole M. Conger on January 8, 2015

Posted in Retaliation, Unpaid wages

“Defendants cite the following global statement in both declarations: ‘SDT did not fire anyone for complaining about not getting paid for all time worked.’ Neither [Defendant] mentions [Plaintiff] by name, nor do Defendants identify any other evidence to establish the basis for [Plaintiff’s] termination. The Court finds this evidence insufficient to establish a legitimate, non-retaliatory…

Plaintiff’s inconsistent statements when reporting the circumstances surrounding a job related personal injury does not preclude Plaintiff from asserting a claim of retaliatory termination, when there is evidence of impaired thought processes.

By Kalandra N. Wheeler on January 3, 2015

Posted in Retaliation

“[Plaintiff] claims his thought processes and memory were impaired following the accident because of the injuries he sustained in it. His testimony is corroborated by testimony from his wife and one co-worker. Because it is not disputed that [Plaintiff] sustained some injuries to his head, his claims are not intrinsically unbelievable. While the fact that…

A time lapse of five (5) to six (6) months does not negate a causal connection between an employee’s engagement in a protected activity and her discharge.

By Eric P. Dama on January 2, 2015

Posted in Retaliation

“The Fifth Circuit has suggested that an extended gap of time between the plaintiff engaging in a protected activity and an adverse employment action can cut against a finding of retaliation. Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1092 (5th Cir. 1995) (noting that an interval of several years between the adverse action and…

Texas Employment Lawyer

Employee Rights

Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.

An employer that works in several cities and countries and is in the shipping industry is an enterprise engaged in commerce under the FLSA.

Alleging that an employee regularly worked over forty hours per workweek and was not paid time-and-a-half is sufficient to give rise to a plausible claim for relief under the FLSA.

To prove constructive discharge, Plaintiff must demonstrate a greater severity or pervasiveness of harassment than the minimum required to prove a hostile working environment.

regular pattern of frequent verbal ridicule or insults sustained over time can constitute severe or pervasive harassment sufficient to violate Title VII.

Four references to an employee’s protected activity during a much longer meeting where multiple subjects were discussed is sufficient to create a fact issue as to causation.

To establish the third element of a prima facie case for retaliation under Title VII, a plaintiff must ultimately present evidence that there is a causal link between the protected activity and the adverse employment action.

Global statement that company did not fire any employee for complaining about wages is not a legitimate non-retaliatory reason.

Plaintiff’s inconsistent statements when reporting the circumstances surrounding a job related personal injury does not preclude Plaintiff from asserting a claim of retaliatory termination, when there is evidence of impaired thought processes.

A time lapse of five (5) to six (6) months does not negate a causal connection between an employee’s engagement in a protected activity and her discharge.

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