“[P]laintiff argues that one or two times in 2007, he told his former supervisor (Bob Perkins) hat he was not reporting all of his time and that Mr. Perkins understood and acknowledged he knew of the under-reporting.”

Arnett v. Sears, Roebuck and Co., 2013 WL 3324070 at *2 (W.D. Tex. July 1, 2013) (Rodriguez, J.).

“In conducting this analysis, the court confines itself to the complaint and does not consider the defendants’ affidavit attached to the motion.  In her complaint, Henderson asserts she was employed as a customer service representative by all three defendants….  She alleges that defendant entities employed more than fifteen employees….  Taking these assertions s true and constructing them in the light most favorable to the plaintiff, Henderson’s complaint states a valid claim under Title VII.”

Henderson v. Saf-Tech, Inc., CA No. H-13-1766, 2013 WL 6858503 at *3-4 (S.D. Tex., Dec. 30, 2013) (Miller, J.).

“The Court notes that every case relied upon for Defendant’s substantive arguments was decided under the summary judgment standard, not under Rule 12(b)(6).”

Mosley v. Tutle & Tutle Trucking, Inc., CA No. 6:13-CD-468, 2013 WL 6824385 at *2 (E.D. Tex., Dec. 26, 2013) (Davis, J.).

“Leissner stated that McMann’s prior offenses and failure to secure the trash trailer would not justify his termination….  He also points to the deposition of Katya Watson, the regional property manager, who stated that McMann’s failure to secure the cart and prior offenses were not grounds for termination….  Accordingly, McMann has raised a genuine issue of material fact as to whether Greystar’s proffered reason for terminated was pretextual.”

McMann v. Greystar Management Services, LP, CA No. 1:12-CV-909, 2013 WL 6243847 at *6 (W.D. Tex. Dec. 2, 2013) (Austin, J.).

“Further, the question is not what Greystar thought when it returned McMann to work, but what it (and its managers) believed when, three months later, they forced McMann to resign.”

McMann v. Greystar Management Services, LP, CA No. 1:12-CV-909, 2013 WL 6243847 at *5 (W.D. Tex. Dec. 2, 2013) (Austin, J.).

“[Defendant] does not appear to have formal written procedures in place for handling disciplinary matters, and there is no indication that [Plaintiff] was in fact informed that her work was subpar prior to the termination of her employment….  The Court finds that there are contested issues of material fact regarding the reason for [Plaintiff]’s termination and its legitimacy.”

Bourgeois v. Matrana’s Produce, 2013 WL 4525652 at *6 (E.D. La. August 30, 2013) (Roby, J.).

“Leissner’s alleged warning to McMann not to die in someone’s apartment, may enable a reasonable jury to find that Leissner regarded McMann as having an impairment, namely heart disease, which substantially limits him in the major life activity of working.”

McMann v. Greystar Management Services, LP, CA No. 1:12-CV-909, 2013 WL 6243847 at *5 (W.D. Tex. Dec. 2, 2013) (Austin, J.).

“Contravening the heavy weight of this inference is the fact that the text messages at some point changed, indicating [Plaintiff]’s strong desire that [harasser] stop contacting her.  This suggests that [harasser]’s overtures were later uninvited.”

Bourgeois v. Matrana’s Produce, 2013 WL 4525652 at *6 (E.D. La. August 30, 2013) (Roby, J.).

“[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., 2013 WL 4647677 at *7 (S.D. Tex. August 30, 2013) (Atlas, J.).

“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 fact.”

McMann v. Greystar Management Services, LP, CA No. 1:12-CV-909, 2013 WL 6243847 at *4 (W.D. Tex. Dec. 2, 2013) (Austin, J.).