Terry N. Garrett v. Hewlett-Packard Company, a California Company Authorized to Do Business in the State of Colorado

How courts have described this case

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

• holding that pretext might be demonstrated when the evaluation system lacks objective standards or guidance
• noting that the defendant admitted that its evaluation system was “wholly subjective,” which the plaintiff reinforced with expert opinion testimony
• concluding that plaintiff established prima facie case of retaliation by presenting “evidence of temporal connections” between protected activity and adverse actions as well as “evidence of a marked shift in the attitudes and treatment of him by his supervisors”
• explaining that subjective criteria may be evidence of pretext, not that subjective criteria automatically establish pretext
• holding there was no constructive discharge where, inter alia, the plaintiff resigned before he had complete details regarding the position to which he would be transferred
• stating that an alleged proposal for a transfer to a new position did not create an inference of constructive discharge because the transfer would not “involve a demotion or cut in pay”

Source: CourtListener parenthetical corpus (CC0).