Pimpanit v. Phumswarng, Inc. et al, No. 4:2020cv00289 - Document 62 (S.D. Tex. 2022)

Court Description: OPINION and ORDER on Partial Summary Judgment. Pimpanit's taking of the tip printouts is not a protected activity. Pimpanit suffered an adverse employment action when she was fired and shown causation under the prima facie prong. Phumswarng&# 039;s reason for firing Pimpanit is a legitimate, non-retaliatory reason. Genuine disputes of material fact remain as to whether Pimpanit complained under the Act and whether Phumswarng's reason for firing her was pretext. These will be determ ined by the jury at trial 57 , 58 . As the exhibits ultimately did not impact the court's ruling on the summary judgment motions, Phumswarng's objections to Pimpanit's exhibits 4-6 are overruled. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)