Inside the Case File: How We Prove Pretext in Employment Lawsuits (Without Names)
“They said it was ‘performance issues’—but you know that’s not the real reason.”
If you’ve been fired, demoted, or denied a promotion at work and something doesn’t add up, you’re not alone. Many employees walk away from a termination conversation thinking, “That’s not what this is really about.” Often, they’re right.
In the world of employment law, this disconnect between what your employer says and what actually motivated their decision is known as pretext—a false excuse designed to cover up an unlawful motive. And uncovering it is often the key to winning cases involving discrimination, retaliation, or wrongful termination.
At Batey Law Firm, proving pretext is what we do best. We know how to dig into the timeline, uncover documents, compare treatment across employees, and challenge the official story with evidence that exposes the truth. Our job is to show that the explanation your employer gave isn’t just misleading—it’s a cover-up.
Michigan is an at-will employment state, which means your employer can fire you for almost any reason—or no reason at all. But they can’t fire you for a discriminatory or retaliatory reason. That’s where proving pretext comes in.
To hold an employer accountable, we have to poke holes in their stated reason and show that it doesn’t hold water. If we can do that, the law recognizes it as strong evidence that the real reason was illegal.
At Batey Law Firm, we’ve helped countless Michigan workers fight back by exposing the truth hidden behind vague excuses and suspicious timing. Pretext isn’t always obvious—but we know how to find it.
What Is “Pretext” in Employment Law?
The Legal Definition of Pretext
In employment law, pretext means that the employer’s stated reason for an adverse action (such as termination or discipline) is not the true reason. Instead, it’s a cover—a distraction meant to avoid admitting to discrimination, retaliation, or other unlawful conduct.
Employers rarely say outright, “We’re letting you go because of your race” or “because you took FMLA leave.” That would be blatantly illegal. Instead, they say things like:
- “It’s a business decision.”
- “We’re restructuring.”
- “Your performance no longer meets expectations.”
Our job as employment attorneys is to scrutinize those claims—and prove when they’re just pretext.
Where Pretext Comes Up Most Often
Pretext is central in many types of employment law claims, including:
- Discrimination: Race, gender, age, religion, national origin, disability, pregnancy, and more (under Title VII, ADA, ELCRA, ADEA, etc.)
- Retaliation: For reporting harassment, illegal activity, or participating in an investigation
- FMLA Interference or Retaliation: Termination after requesting or taking protected medical leave
- ADA Accommodation Requests: Being let go soon after asking for reasonable accommodations
In all of these situations, if the employer offers a reason that can be shown to be false or inconsistent, it may indicate that the real reason was unlawful.
The Burden-Shifting Framework: How Courts View Pretext
Proving pretext is part of a legal test known as the McDonnell Douglas burden-shifting framework—used widely in employment discrimination cases. Here’s how it works:
- Employee Shows a Prima Facie Case
The employee provides initial evidence suggesting unlawful discrimination or retaliation occurred (e.g., they belong to a protected group, were qualified, and were fired under suspicious circumstances). - Employer Offers a “Legitimate, Non-Discriminatory” Reason
The employer gives a seemingly valid reason for the adverse action—such as poor performance or layoffs. - Employee Shows That Reason Is False (Pretext)
The burden shifts back to the employee to demonstrate that the employer’s reason is not credible, inconsistent, or selectively enforced—and therefore likely a cover for illegal behavior.
At Batey Law Firm, we know how to walk clients through this process and uncover the kind of evidence that exposes pretext—so the truth has a chance to come out.
The Evidence That Proves Pretext
Inconsistent Explanations
One of the biggest red flags in any employment case is when an employer can’t keep their story straight.
Maybe you were told at the time of termination that it was due to “downsizing.” But later, in a written response to the EEOC or MDCR, the employer claims it was about “poor performance.” If the company offers multiple or shifting explanations for your termination, it weakens their credibility—and strengthens your claim.
Courts and juries tend to ask, “If the employer is telling the truth, why does the reason keep changing?”
Timing of the Termination
In employment law, timing can be everything. If you were terminated:
- Days after reporting sexual harassment,
- Shortly after requesting FMLA leave, or
- Right after filing a complaint about discrimination,
…it raises serious questions about whether the stated reason for the termination is genuine—or simply a retaliatory response.
This is what attorneys call “temporal proximity,” and it’s often a key piece of evidence. While timing alone doesn’t prove pretext, it can support an argument that something more is going on—and it warrants deeper investigation.
Comparative Evidence
One of the most compelling ways to show pretext is through comparative treatment: proving that other employees outside your protected class were treated more favorably under similar circumstances.
For example:
- You were fired for being late twice, but your younger, non-disabled coworker was repeatedly late and kept their job.
- You were disciplined for a minor error, while male coworkers made the same mistake and faced no consequences.
This type of evidence raises the critical question: “Why was I fired, but not them?”
If an employer can’t justify the disparity, it may be because their reason is a cover—and the real reason involves discrimination or retaliation.
Paper Trail vs. Reality
Employers often rely on documentation to support their version of events—but we know how to spot gaps, inconsistencies, or contradictions. One common example is when an employee’s performance reviews were glowing for years—until they suddenly turn negative right after the employee complains about discrimination, harassment, or retaliation.
We also examine:
- Emails and texts that reflect your real performance or work relationships,
- Internal memos that contradict the stated reason for termination,
- Or HR reports that fail to mention the supposed issues now being used as justification.
If the paper trail supports your side—not theirs—it can be strong evidence that their explanation is a pretext.
Deviation from Company Policy
Employers often have written policies around discipline, termination, or performance improvement plans (PIPs). If they skip steps, apply rules inconsistently, or fail to follow their own handbook, that’s a red flag.
For example:
- The company claims they always give written warnings—but you were fired without any.
- Other employees were given multiple chances or retraining—you were terminated immediately.
This kind of inconsistency suggests that the stated reason isn’t the real reason—and that’s exactly what pretext looks like.
Witness Testimony & Internal Complaints
Coworkers can play a powerful role in confirming pretext—especially if they:
- Saw you being treated differently from others,
- Overheard comments that suggest bias,
- Or know that other employees made the same mistakes without consequence.
Additionally, if you filed prior complaints—internally with HR, or externally with a government agency—we examine how your employer responded. A sudden change in treatment after protected complaints can help prove a pattern of retaliation.
Even if witnesses are reluctant to speak at first, a skilled employment lawyer can help track down and preserve testimony that supports your case.
Know the Real Reason—Then Fight Back
If you've been fired, demoted, or suddenly "restructured" out of your role—and the explanation just doesn’t sit right—you might be facing pretext. And if that's the case, your employer could be violating the law.
Don’t assume the reason they gave you is the truth. Employers are often coached to give neutral-sounding excuses to avoid liability. But when we dig deeper, we often find the real reason is rooted in discrimination, retaliation, or an effort to silence you.
At Batey Law Firm, we know how to expose the truth. With years of experience in Michigan employment law, we’ve helped clients across the state fight back when employers tried to cover up illegal terminations.
Call for a Confidential Case Review
Let us help you figure out what really happened—and what you can do next.
Batey Law Firm, PLLC
📍 30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025
📞 248-540-6800 📧 sbatey@bateylaw.com 🌐 www.bateylaw.com