Results for "pretext"

Employer’s Lies Are Called Pretext

What does pretext mean? In the context of wrongful termination or employment discrimination, pretext refers to a situation where an employer provides a false or misleading reason for terminating an employee. This reason is presented as the official justification for...

How Do I Prove Pretext For My Wrongful Termination?

At Spitz, The Employee’s Law Firm, our attorneys constantly hear questions from potential clients asking how they could have been fired when they have received only excellent performance reviews and have no history of discipline at their jobs. Today, we are going to...

Employment Discrimination Question: What Is Pretext?

In most of the cases our firm’s employment attorneys handle, the issue of pretext plays a central role.  Employees and regular people don’t use the word pretext.  It is one of those legal jargon words.  What does pretext mean?  First, in plain English: “My boss lied...

Can I Be Fired for Reporting Workplace Discrimination To HR?

Some cases should be clear-cut—but they are not. Marci Walkingstick Dixon v. State of Oklahoma ex rel. Regional University System is a prime example of race discrimination, gender discrimination, and retaliation under Title VII of the Civil Rights Act of 1964. Marci...

Yes, You Can Be Denied a Promotion for Failing a Qualification Test

Ah, the age-old tale: the “perfect” employee overlooked for a promotion, left wondering why their brilliance went unnoticed. Was it employment discrimination? Maybe. Or was it the fact that you bombed the qualification test for the job? Spoiler alert: it is probably...

Can I Be Fired During FMLA Leave For A Reduction In Force?

You are on FMLA leave, recovering from surgery or caring for a loved one, and then the unexpected happens—your employer tells you your job has been eliminated due to a reduction in force (RIF). Is this legal? The answer depends on whether the RIF is legitimate or just...

Yes, You Can Be Fired For Buying Alcohol From Your Job For A Minor

It was supposed to be just another day at work for Gloria Cocuzzo, a 77-year-old employee at Trader Joe’s in Brookline, Massachusetts. Gloria had been a model employee for 17 years, loved by customers and colleagues alike, and her glowing performance reviews backed it...

A worker consulting with a doctor about FMLA leave and ADA accommodations.

Medical Leave: Can I Get More Under ADA After FMLA Expires?

As employee’s rights attorneys are fond of saying, it depends. When your leave under the Family and Medical Leave Act (“FMLA”) ends but your health still prevents you from returning to work, you might qualify for additional protections under Americans with...

An employee consulting a lawyer about workplace retaliation and discrimination.

Can Timing Alone Prove Workplace Retaliation?

Yes, close timing between an employee’s protected actions—such as reporting race discrimination—and an employer’s adverse actions, like wrongful termination, can strongly support a retaliation claim. This was one of the issues at the heart of Carla Campbell-Jackson v....