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- This video is all about liars. It explains what the heck pretext is in employment law and how reasons for termination play out in employment lawsuits. Keep watching. (upbeat music) Lets first figure out what the definition of pretext is. It is, a reason given in justification of a course of action that is not the real reason. Its a reason for why somebody did something. I like the way the Seventh Circuit case of ORegan v. Arbitration Forums, Inc puts it. They say that its a dishonest explanation. Its in fact a lie rather than an error or an oddity. Okay, in the context of employment law, this is really important. Nine times out of 10 employment lawyers like myself are representing an employee who was fired. And one of our biggest jobs is to show that the reason given for the termination by the employer is not true. Cause they never tell the truth! If an employer in fact fired somebody because of their race, religion, because the employee blew the whistle, because of their
