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· 12/21/2005

Pamela Richardson v. Monitronics International, Inc.

Citations

  • 434 F.3d 327
  • 11 Wage & Hour Cas.2d (BNA) 135
  • 2005 U.S. App. LEXIS 28982
  • 87 Empl. Prac. Dec. (CCH) 42,206
  • 2005 WL 3485872

How courts have described this case

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

  • holding that supervisor’s comment, in reference to employee on FMLA leave, that he would “just fire her ass” and “worry about it later” showed a retaliatory animus
  • stating that for mixed-motive cases \the employer's burden `is effectively that of proving an affirmative defense'\ (citation omitted)
  • finding that “a lengthy history of attendance problems” constitutes “a legitimate, nondiscriminatory reason for firing” an employee
  • noting that “temporal proximity,” when considered with other evidence, can “raise an issue of fact as to whether retaliation” contributed to an employee’s termination
  • observing no evidence of retaliation where an employee was fired for his \long history of attendance problems\
  • holding that mixed motives causation standard applies

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Davis, Wiener

Read full opinion on CourtListener

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.