Tucker v. Journal Register East - Connecticut Employment Law Blog

proceeding by offering testimony and writing a letter.Nevertheless, with regard to Tucker allegedly sending twoemployees to testify on behalf of Rauls, the court finds thatsuch conduct could be a legitimate reason for termination becauseit apparently was done on company time without the Register’sconsent. Therefore, in light of the above, the court thus findsthat, except for the allegations regarding Tucker’s testimony andletter to Judge Thompson, the Register has satisfied its burdenof articulating a legitimate, nondiscriminatory reason forTucker’s termination.3. PretextFinally, Tucker must point to evidence that would besufficient to permit a rational factfinder to conclude that thethe Register’s explanations are merely a pretext forimpermissible retaliation. See Kessler v. Westchester CountyDept. of Soc. Servs., 461 F.3d 199, 211 (2d Cir. 2006). In thecourt’s view, Tucker has provided sufficient evidence upon whicha jury may reasonably determine that the Register’s profferedreasons for terminating Tucker were a pretext for unlawfulretaliation.With regard to the Register’s proffered legitimate,nondiscriminatory reasons for Tucker’s termination, the courtbelieves that Tucker has shown that these reasons are vulnerableto reasonable disbelief by a jury. Walsh admitted the company-20-