Per the employment law guidelines, the pretext is a terminology used for cases where employees are fired by their employers on the grounds of illegal reasons. Along with that, they claim that the end of employment was due to a valid reason. Contact employee rights lawyers for further guidance about your case.
Prima Facie -an overview
In cases of wrongful termination, if the employee decides to file a lawsuit, it is necessary to demonstrate prima Facie of the case. Prima Facie is a Latin word that implies at first sight or on a first impression basis. The prima Facie of a case is demonstrated when all the parts of a cause of action are showcased.
In cases of improper work atmosphere regarding sexual discrimination, the employee must demonstrate that he or she faced discrimination or harassment on the grounds of sex.
The discrimination was harsh and continuous, and detrimental to the employee. It is also necessary to prove that other people would feel the same impact if they were forced to remain in that situation. In cases of disability Discrimination, the employee must demonstrate that he or she (the employee) has a disability as per the law’s definition and that he/she fulfills the qualifications for work performance. Along with that, the employee faced discrimination in the work environment. However, it is not easy to get the employer to agree regarding the discrimination which took place in the work environment. After establishing a prima Facie case by the employer, the employer is responsible for showcasing that the employment actions taken against the employee had a non-discriminatory cause. After that, the employee is required to prove that the excuse given by the employer is just a pretext for their actions.
Proving Pretext
The pretext is all about proving that the excuse or reason given by the employer has no validity. It is completely baseless and untrue. It can be done by bringing substantial evidence that states that the employer and his actions were circumstantially pretextual. The employee who faced discrimination is required to provide reasons that the excuses given by the employer regarding their actions are not to be trusted as they had a hidden motive. It helps to prove that the termination of the employee by the employer had a discriminatory undertone. Common excuses for pretexts include bad work performance, reorganization of the team, downsizing the workforce, financial issues, etc.
