Prater v. Henry Schein, Inc.

5 Citing cases

  1. Gray v. Heritage-Crystal Clean, LLC

    Civil Action 2:23-cv-00569 (S.D.W. Va. Oct. 31, 2024)

    This inference can be shown by adducing evidence that (1) the plaintiff was a member of a protected class; (2) he provided competent, capable, and loyal service to his employer; (3) he was discharged from employment; and (4) he was replaced by someone not of his protected class. See Barefoot at 485; see also Prater v. Henry Schein, Inc., 621 F.Supp.2d 363 (S.D. W.Va. 2008) (“To determine whether Plaintiff can establish the necessary inference of discrimination, the Court applies the four considerations discussed in Barefoot.”).

  2. Eddy v. Biddle

    CIVIL ACTION NO. 1:11CV137 (N.D.W. Va. Jan. 4, 2013)   Cited 8 times
    Granting summary judgment to nonmovant sua sponte on issue raised by movant

    As a final comment, the Court notes that summary judgment on this claim is warranted even if Eddy could establish a prima facie case of age discrimination. It is undisputed that she violated company policy when she removed certain items from the Blacksville store without first paying for her merchandise, which is clearly a qualifying nondiscriminatory reason for her termination. See, e.g., Prater v. Henry Schein, Inc., 621 F.Supp 2d 363, 367 (S.D. W. Va. 2008). Her attempts to paint this proffered reason as pretextual largely echo those already disposed of above.

  3. Wallace v. Chase Investment Services Corporation

    CIVIL ACTION NO. 3:10-0497 (S.D.W. Va. Oct. 13, 2011)

    This court "does not sit in judgment of the merits of the [d]efendant's proffered reason, only the sincerity behind it. `If the fact finder believes that the proffered reason was the true reason for the decision, then the employer, while he may be guilty of poor business practices, is not guilty of discrimination.'" Prater v. Henry Schein, Inc., 621 F.Supp 2d 363, 369 ( citing Conway v. Eastern Associated Coal Corp., 358 S.E. 2d 423, 430 (W. Va. 1986)). Taking every inference in favor of Mr. Wallace, there is not a material dispute that Chase's proffered justifications are pretext. Chase discovered fraud including the submission of mileage reimbursements for trips that never took place, unauthorized use of an assistant, improper handling of the company credit card, unauthorized car rentals, and violations of computer access policies.

  4. W. Va. Div. of Natural Res. v. Dawson

    242 W. Va. 176 (W. Va. 2019)   Cited 8 times

    (citation omitted)). See also Prater v. Henry Schein, Inc. , 621 F. Supp. 2d 363, 371 (S.D.W. Va. 2008) ("If a West Virginia court were to address compelled self-publication, this Court is far from convinced that it would adopt the doctrine."). Furthermore, other jurisdictions have thoroughly considered this notion.

  5. W.Va. Div. of Nat. Res. v. Dawson

    No. 18-0026 (W. Va. Jun. 3, 2019)

    (citation omitted)). See also Prater v. Henry Schein, Inc., 621 F. Supp. 2d 363, 371 (S.D.W. Va. 2008) ("If a West Virginia court were to address compelled self-publication, this Court is far from convinced that it would adopt the doctrine."). Furthermore, other jurisdictions have thoroughly considered this notion.