When employer keeps changing reasons for firing

In her appeal, Patricia argued “temporal proximity,” or the timing between her leave announcement and the decision to fire her are so close together that it can be inferred that the employer’s stated reason of her firing was mere pretext. Hence, Gwin’s use of the phrase “I want to run an idea by you,” indicates that something is to be discussed for the first time, not that a decision was already made.

However, California courts have ruled that timing by itself is not enough to show that the employer’s stated reason was untrue and pretextual. The appellate court, in reviewing the facts, noted that Wells Fargo gave the employee changing reasons for her firing. The California Supreme Court has previously held in other cases that pretext also may be inferred where an “employer has given shifting . . . justifications for its actions.

Under California law, an employer may not terminate an employee for discriminatory or retaliatory reasons. Here, the employer cannot lawfully terminate by reason of the employee’s taking her medical leave – a right protected by law. Doing so gives rise to wrongful termination. However, the employer can claim that it had a legitimate, non-discriminatory reason for firing the employee . The employee then has to prove that the employer’s stated reason for the firing was a “pretext.

Patricia’s case illustrates how to spot a pretextual situation. The timing of the termination in relation to the protected activity is one. Shifting reasons for the termination is another. Additionally, an employee may show that an employer’s stated reason: 1) is false; 2) did not cause the firing; or 3) is not enough to cause a firing .be motivated by a discriminatory or retaliatory reason for doing so.

The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at 291-0088 or visit. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers.

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