Minnesota Deputies’ Case Shows The Evidence Necessary For A ‘Pretext’ Claim

Many “retaliation” cases follow the same general structure. First, the employee must present a prima facie case by showing that (1) he engaged in an activity protected by the First Amendment, (2) he suffered an adverse employment action, and (3) the protected conduct was a “substantial or motivating factor” in the employer’s decision to take the adverse employment action. The employer can rebut the employee’s prima facie showing by…

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