Mayes v. WinCo Holdings, Inc

Individual Rights
Whether defendant grocery company fired plaintiff for taking a stale cake from the store bakery to share with fellow employees and telling a loss prevention investigator that management had given her permission to do so, or used that as a pretext for gender discrimination, was a disputed question of fact. Plaintiff offered ample direct evidence of discriminatory animus, as well as specific and substantial indirect evidence challenging the credibility of defendant's motives. As to plaintiff's claim for COBRA benefits, the genuine dispute of fact regarding the true reason for the plaintiff's termination precluded summary judgment, because if defendant fired plaintiff for discriminatory reasons--rather than gross misconduct--she could be entitled to benefits.

Mayes v. WinCo Holdings, Inc. - filed Feb. 3, 2017
Cite as 2017 S.O.S. 14-35396

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