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· 10/15/1845

Succession of Tompkins

Citations

  • 12 La. 110

How courts have described this case

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

  • finding that defendant terminated plaintiff for excessive absences, and plaintiff could not establish that reason is pretext for retaliation
  • finding that employee was not a qualified individual under the ADA because frequent absences rendered the employee unable to perform essential job functions
  • holding an employee’s excessive absences were a legitimate, non-discriminatory reason for her termination
  • finding that a plaintiff failed to establish a prima facie case of discrimination because she took 132 hours of leave in her first 6 months of work, causing her to miss deadlines and “fail{] to satisfy the core requirements of her position”
  • If “there is an alternative explanation for the timing of plaintiff’s termination that is wholly consistent with defendant’s reason for terminating plaintiff,” then pretext cannot be established by temporal proximity.
  • “Because there is an intervening event that explains the close proximity of plaintiff's diagnosis and her termination, this temporal proximity alone does not establish that defendant's legitimate reason for terminating plaintiff is pretext for discrimination.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Simon

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.