Showing posts with label policies inconsistent with employers articulation. Show all posts
Showing posts with label policies inconsistent with employers articulation. Show all posts
Friday, December 9, 2011
Pretext due to employer not following its policies
I have long felt that employers who lack organization and sophistication in promulgating, maintaining, enforcing and revising written policies should consider having no written policies at all. A live and credible witness can explain why the decision adversely affecting a claimant is based on legitimate business related criteria. That can be enough for summary judgment. But when this explanation is in conflict with or contradicts employer's written policies, a material fact dispute likely exists. In Norris v. City of Millbrook, a federal district court in Alabama agrees. Money quote after the jump
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