In Mathew v. North Shore-Long Island Jewish Health System, a Summary Order dated 11/13/14, the Second Circuit explained that, in a case alleging retaliation under the Family and Medical Leave Act (FMLA), courts “are decidedly not interested in the truth of the allegations against plaintiff when evaluating pretext”, and are rather “interested in what motivated the employer.” (Emphasis in original.)
Here, in affirming the dismissal of plaintiff’s claim, the court reasoned that plaintiff “admitted to submitting inaccurate time records”, and that “[e]ven if this admission was inaccurate or incomplete, it provided [defendants] with a sound basis to conclude that [plaintiff] had stolen time, and thus undercuts any inference that [plaintiff]’s termination was motivated by his hernia.”