· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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