Total Articles: 4
Insubordinate Worker Did Not Meet Employer's Legitimate Expectations.
A federal appellate court recently found that an employee who was fired for insubordination was not meeting an employer's legitimate business expectations after she engaged in arguments with her co-workers, the general manager, and the owner of the business. The Seventh Circuit Court of Appeals further found that the insubordination was a non-discriminatory reason that overcame the employee's claim that her termination was a "pretext" for discrimination.
Jefferson County Worker's Bias Claim Fails (pdf).
Employer's explanation was not a pretext for discrimination.
Employer's Claim That Termination Was Due To Employees Damaging Airplane Prevails Over Employees Claim That Termination Was Based On Discrimination And Violation Of Public Policy.
Discusses Villiarimo v. Aloha Island Air, Inc. (9th Cir. Feb. 28, 2002), in which the court held that adding a reason for termination does not show pretext unless it were to conflict with a prior stated reason for the treatment.
SUPREME COURT RULES ON PRETEXT PLUS.
Discussion of Reeves v. Sanderson Plumbing Products, Inc., __ U.S. __, No. 99-536 (June 12, 2000), in which the court ruled that a jury may find for a plaintiff who establishes 1) a prima facie case of discrimination; and 2) that the employer’s proffered non-discriminatory reason for his discharge is false.
