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Plaintiff Kinslie Latimer sued her employer, Shon Wise, owner of The Rib Cage Restaurant, alleging sexual harassment by a cook, Ron Ford, and constructive discharge under Title VII. The defendant filed a motion to dismiss, claiming the court lacked subject matter jurisdiction because the restaurant did not employ the minimum number of employees required by Title VII. The defendant presented handwritten time sheets to support his claim. The court found the defendant's evidence insufficient and rejected his method of counting employees, citing the payroll method established by the Supreme Court in Walters v. Metropolitan Educational Enters., Inc. The court noted that the plaintiff's co-workers' affidavits also contradicted the defendant's claims. Therefore, the court denied the defendant's motion to dismiss, allowing the plaintiff to proceed with her claim.
Latimer v. Wise is a workers' compensation case decided in District Court, E.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Texas.
Full Decision Text1 Pages
Plaintiff Kinslie Latimer sued her employer, Shon Wise, owner of The Rib Cage Restaurant, alleging sexual harassment by a cook, Ron Ford, and constructive discharge under Title VII. The defendant filed a motion to dismiss, claiming the court lacked subject matter jurisdiction because the restaurant did not employ the minimum number of employees required by Title VII. The defendant presented handwritten time sheets to support his claim. The court found the defendant's evidence insufficient and rejected his method of counting employees, citing the "payroll method" established by the Supreme Court in Walters v. Metropolitan Educational Enters., Inc. The court noted that the plaintiff's co-workers' affidavits also contradicted the defendant's claims. Therefore, the court denied the defendant's motion to dismiss, allowing the plaintiff to proceed with her claim.
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