Credibility Dispute = SJ Reversed

In Elsell v. Encore Wire Corp., the Fifth District reversed a defense summary judgment, finding a genuine issue of material fact about the credibility of the reasons provided for Plaintiff Elsell’s termination. Interestingly, the panel consists of three newly-elected Justices, two of them Republicans. The Court noted two points:

1. Encore’s director of human resources, Ronald Bouchard, claimed he fired Elsell for lying about being coerced into signing a document. However, Bouchard’s heavy reliance on the credibility of Jimmy Davis, another employee was terminated by Bouchard for document fraud and dishonesty, created a factual dispute about whether Bouchard genuinely believed Elsell was lying or if the stated reason for termination was a pretext for retaliation.
2. Bouchard’s interview with Elsell was brief and lacked thorough investigation. Bouchard did not ask Elsell why he felt coerced and instead presumed the nature of the alleged coercion.

Therefore, “reasonable and fair-minded persons could differ on whether Bouchard’s stated reason for firing Elsell was actually based on an interview of Elsell that was objectively brief, conjectural, and uninformed.” No. 05-23-00588-CV, Mar. 14, 2025 (mem. op.).