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· 3/31/2016

Elliott, C., Aplt. v. Cruz, T.

How courts have described this case

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

  • holding that a plaintiff who received 5 a negative performance review and was required to sign a performance improvement plan did not establish constructive discharge
  • concluding that receiving a negative review and having to conform to a performance improvement plan “are not so harsh that they rise to the level of aggravating factors”
  • finding that placement on a PIP and a negative performance evaluation were not sufficiently severe to constitute a hostile work environment
  • finding that a “gap of approximately three months between” the protected activity and the allegedly adverse action “is sufficient to establish temporal proximity” at the motion to dismiss phase
  • finding hostile-environment allegations made in conclusory fashion insufficient to withstand motion to dismiss
  • Lemu alleges that his manager unleashed an “irrational defamation campaign against [him] in the presence of” a Sibley employee but does not state what his manager said

Source: CourtListener parenthetical corpus (CC0).

Judges: per curiam

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.