Garcia v. Professional Contract Services, Inc., No. 18-50144 (5th Cir. 2019)Annotate this Case
Plaintiff filed suit against his former employer for retaliation under the False Claims Act. The Fifth Circuit reversed the district court's grant of summary judgment to the employer and held that plaintiff demonstrated a causal connection between his protected activity and his firing. Therefore, the district court erred in holding that plaintiff failed to establish his prima facie case.
The court also held that there was a genuine issue of material fact regarding pretext. In this case, as evidence of pretext, plaintiff pointed to temporal proximity between his protected activity and his firing; his dispute of the facts leading up to his termination; a similarly situated employee who was not terminated for similar conduct; harassment from his supervisor after the company knew of his protected whistleblowing conduct; the ultimate stated reason for the company's termination of plaintiff had been known to the company for years; and the company stood to lose millions of dollars if its conduct was discovered. Accordingly, the court remanded for further proceedings.