Hadsell Stormer Renick & Dai LLP
Free Consultations 626-381-9261

How pretext works in an employment law context

When an employer terminates a worker’s employment status, there is commonly a work related issue attached to it. This may be a performance related reason, such as not completing assignments on time, or insubordination, or it could be an attendance issue, such as not showing up for work or being chronically late for their shift.

However, there are many instances where the stated reason for termination is not the actual reason. In essence, the stated reason is pretext to conceal the real reason for the firing. This post will briefly define pretext and explain how it may work in your case. 

Pretext is defined as a proffered reason for taking a particular course of action, but it is not the reason (or actual) reason for taking said action. In an employment law context, it is like saying that an employee was fired for being chronically late, but the real reason is that an employer wanted to make room for an employee that he or she preferred.

While California law allows employers to terminate employees for any reason (even illogical reasons), some employers may cross the line and fire employees for illegal reasons (i.e. based on race, sex age or other protected statuses). So one way that employees can protect themselves and find remedies for wrongful termination is to show that the reason for the firing was pretext to mask a more sinister action.

If you have questions about pretext and how it can be proven, an experienced employment law attorney can help. 

No Comments

Leave a comment
Comment Information
    • The National Trial Lawyers | Top 100 Trial Lawyers
    • Top Listed In Best Lawyers | The World's Premier Guide
    • Americas Top 100 2017 | Criminal Defense Attorneys
    • AV Preeminent Martindale-Hubbell Lawyer Ratings
    • Super Lawyers | Rising Stars 2018
    • Best Lawyers US News 2016
    • The National Trial Lawyers | Top 40 Under 40
    • proud fellow of american bar foundation
    • 2018 Top 100 Lawyer ASLA
    • SuperLawyers Rising Stars 2018

Have You Been Victimized?

Speak to an attorney who will fight for you.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Pasadena Office
128 N. Fair Oaks Avenue, Suite 204
Pasadena, CA 91103

Phone: 626-585-9600
Fax: 626-577-7079
Map & Directions

Downtown Los Angeles Office (Legal Fund)
250 1st Street, Suite 1201
Los Angeles, CA 90012

Phone: 213-785-6999
Map & Directions

Free Consultations

Tel: 626-381-9261
Toll-free: 866-457-2590