Service Providers. There is no information on eligible indirect compensation for this plan. Recordkeeping and information management computing, tabulating, data processing, etc. Prem U. S Govt. There are no service providers who failed or refused to provide information. Termination Information on Accountants and Enrolled Actuaries. There is no termination information for this plan. Insurance Information. For Advisors Advisor Pages.
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Employee contributions are allocated to separate accounts under the plan or employer contributions are based, in whole or in part, on employee deferrals or contributions to the plan. Plan provides for automatic enrollment in plan that has employee contributions deducted from payroll.
Total or partial participant-directed account plan - plan uses default investment account for participants who fail to direct assets in their account. During the plan year did the employer fail to transmit to the plan any participant contributions within the time period described in 29 CFT Were any loans by the plan or fixed income obligations due the plan in default as of the close of plan year or classified during the year as uncollectible? Were any leases to which the plan was a party in default or classified during the year as uncollectible?
Did the plan have a loss, whether or not reimbursed by the plan's fidelity bond, that was caused by fraud or dishonesty? During the course of the interrogation, Moreau provided Griggs a photo. Jordan allegedly escorted Plaintiff around the branch in front of customers, which Plaintiff took as an accusation of theft, but Jordan did not explicitly use those words. In the days after Plaintiffs interview, a customer called Plaintiff and told him that she had heard that Plaintiff had stolen something and another customer told Plaintiff that he had heard that Plaintiff was investigated for theft.
Plaintiff met two men on the street; someone had told one of the men that Plaintiff was investigated for theft, and Wade allegedly told the other man that Plaintiff had gotten in trouble for something. Defendant has a policy that employees are not allowed to let others use their computer User IDs. Specifically, Defendant's "Responsibility Guidelines," signed by Plaintiff in , hold an employee accountable for all activity associated with an employee's "operator ID number" "User ID" and explain that a violation of security policies is grounds for termination.
Similarly, Defendant has a "Working for WaMu" handbook, that Plaintiff signed and that requires employees to report any suspicion of attempts to breach security or security loopholes to a supervisor. Plaintiff admits that Defendant's policy prevents an employee from sharing his password. Contrary to these policies, branch manager Robert Cherry allegedly asked Plaintiff repeatedly to step aside from the computer onto which he was currently logged on so that Cherry could help one of Cherry's customers.
That day, Cherry asked Plaintiff if he could use the computer to print out a checklist. Cherry allegedly accused Plaintiff of insubordination before Plaintiff stood up to let Cherry use the computer.
Plaintiff contends that he spoke with Wade concerning this incident. Plaintiff further contends that it was common practice for a manager to ask an employee to step aside so that the manager could help the employee with a customer transaction. He avers that Wade, a non-Nigerian black woman, used his computer while he was logged on, that Cherry used most of the tellers' computers while they were logged on, and that Cherry "touched a lot" of others' computers while they were logged on, although none of them was fired.
Plaintiff also contends that Cherry used Wade's computer for transactions, but she was not fired; Plaintiff admits, however, that he never saw Wade allow Cherry to use her computer while she was logged on. Plaintiff contends that Cherry used Tumini Umnkoro's computer to explain things to her while she was sitting there, but she was not fired; Umnkoro is allegedly a second-generation immigrant to the United States.
Plaintiff contends that Angela Martinez, a non-Nigerian, and another bank employee, performed a transaction for Cherry, but Plaintiff does not contend that Cherry used her computer while she was still logged on. Plaintiff does not know whether management was aware that Cherry was using other employees' computers with their knowledge. Jordan briefed Smith on the results of the internal investigation and informed Smith that Plaintiff had violated security policies that require employees to keep their passwords and User IDs secure.
Based on this information, Smith agreed that Plaintiff should be terminated. Defendant, through Jordan and Griggs, fired Plaintiff on the day of the investigation. Griggs initially told Plaintiff that he was being fired for opening an account by telephone and Jordan immediately corrected Griggs by informing Plaintiff that he was fired for admitting that he violated security procedures.
Plaintiff insists that, because Defendant tracks employees' key strokes and keeps security videos, Defendant's employees could have established that Cherry was conducting the fraudulent transactions using Plaintiffs User ID prior to Plaintiffs investigation such that Plaintiff could have been spared the humiliating investigation. Plaintiff claims that he was subjected to discrimination based on his race, color, and national origin. Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission "EEOC" and the Texas Commission on Human Rights, received his right to sue letter, and filed this action within 90 days of the letter's receipt.
Plaintiff now brings claims for race, color, and national origin discrimination under Chapter 21 of the Texas Labor Code, false imprisonment, libel, negligent hiring, supervision, training and retention, and slander. Plaintiff seeks actual and exemplary damages, litigation fees and costs.
This Court has jurisdiction pursuant to 28 U.
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A motion for summary judgment under Federal Rule of Civil Procedure 56 requires the Court to determine whether the moving party is entitled to judgment as a matter of law based on the evidence thus far presented. Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
City of Rowlett, F. A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party.
Crawford v. Formosa Plastics Corp.
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The Court views all evidence in the light most favorable to the non-moving party and draws all reasonable inferences in that party's favor. Hearsay, conclusory allegations, unsubstantiated assertions, and unsupported speculation are not competent summary judgment evidence. Thaler, 73 F. Partridge, F.
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Zenith Radio Corp. Morrison Mgmt. Specialists, Inc. Methodist Hosp. System, F. Likewise, race discrimination claim brought pursuant to Section are governed by the same evidentiary framework applicable to Title VII employment discrimination claims. See Pegram v. Honeywell, F. Texas Dep't of Mental Health, F. Green, U.
When a plaintiff alleges disparate treatment, "liability depends on whether the protected trait actually motivated the employer's decision. Biggins, U. Sanderson Plumbing Products, Inc. Title VII race, color, and national origin discrimination claims are subject to the burden-shifting framework established by the Supreme Court in McDonnell Douglas Corp.
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Bodenheimer v. PPG Industries, Inc.