The short answer is “no,” because the employee’s prima facie case of retaliation can be rebutted by showing a legitimate, non-retaliatory reason for the termination.
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McDonnell Douglas test
The Venerable McDonnell Douglas Test Takes a Hit
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In 1973, the Supreme Court issued the famous McDonnell Douglas decision in which it set forth the shifting burden test in a Title VII case, where there is no direct…
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