Defense Establishes Planned Lay-Off Pre-Dated Alleged Retaliatory Act
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Defense Establishes Planned Lay-Off Pre-Dated Alleged Retaliatory Act

An employee alleged she was the victim of retaliation under Title VII alleging she was terminated for refusing to sign an affidavit on her employer's behalf for use in a coworker's separate Title VII retaliation case. Although the employee made her initial case for retaliation, the employer established its defense by producing memos prepared prior to its affidavit request demonstrating it had already planned to lay off the plaintiff. Therefore, the court held the proffered reason for termination was not a pretext for retaliation underscoring the value of proper documentation by employers and their HR departments.

Lacey v Norac Inc