Darrell D. Thurman v. Yellow Freight Systems, Inc., Cross-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that “[a]n employer's changing rationale for making an adverse employment decision can be evidence of pretext”
• finding that a trucker involved in an accident had 27 28 1 neither acted “willfully” nor “committed a gross or egregious wrong” that would, on its own, 2 justify the tolling of back pay
• explaining the employer never mentioned poor performance as a reason for not hiring plaintiff full time until discovery and the evidence demonstrated his work was satisfactory
• shifting rationales where initial explanation of a failure to hire changed during discovery
• finding it relevant that “[the employer] changed its factual position as the litigation continued
• finding it additionally relevant that the record belied the substandard performance claim

Source: CourtListener parenthetical corpus (CC0).