A pretext is a false reason that is covering up for an employer’s true motives.
If you have had something bad happen to you at work — such as getting demoted, or even getting put on an unfavorable shift — chances are good that you understand what pretext is, even if you didn’t actually use that word. Your boss or manager may have said that they are putting you onto that other shift or demoting you for one reason, but you know the real reason is because you complained about something or stood up for yourself in some way.
In the employment law context, pretext means a reason for an action that is false. It is essentially something that is covering up an employer’s true actions or motives. Most people implicitly understand what pretext is, and many of us have experienced it in our lives at some point — whether in our jobs, in our personal lives or in some other context.
So how exactly do you prove pretext in an employment law case? For example, if you are fired after complaining about not being given meal breaks, how can you prove that that was the real reason you were fired, and not because of the employer’s stated reason? The employer might have said that he fired you because of an economic downturn, so it will be up to you to show that this simply isn’t true and the real reason is your complaint about the conditions of employment. In this situation, your employment law attorney could show that shortly before firing you, your boss actually hired more people, or that he landed several new contracts right after firing you — which demonstrates that he was lying about why you were fired.
In employment discrimination cases, pretext can also be shown based on factors such as statistics, people similarly situated, witness statements showing bias or falsity, or pointing out that the stated reason makes no sense. Statistics can show that your employer has a tendency to treat certain employees in a certain way (for example, no female employees are in management positions), while people similarly situated can show that the employer’s stated reason is simply not true. For example, if your employer says that you were demoted for calling off sick too often and another employee called off sick more frequently and was not demoted (but did not belong to your protected class), that could prove pretext. An employment law attorney may also be able to show that where an employer’s reason for taking an adverse employment action (like firing or demotion) keeps changing, it was a pretext for discrimination.
The mere fact that an employer lied about why you were fired, demoted or otherwise had an averse employment action taken against you does not create an employment law claim by itself, but it does raise suspicions. An experienced employment law attorney can advise you as to whether or not you have a potential claim on the basis on the adverse employment action and the pretextual reason given by your employer.
If you believe that you were retaliated against or discriminated against by your employer, the attorneys of PLBH can help. Contact our firm today at (800) 435-7542 or info@plblaw.com to learn how we can help you. Initial consultations are always free.