Tr. Urbanski and the two other occupational therapists at Towne Manor West, Susan and Shiney, are similarly situated to Hartman. By accepting our use of cookies, your data will be aggregated with all other user data. 's Resp. Hartman has pointed to inconsistencies and weaknesses in Select's justifications for choosing Urbanski over her. Factors demonstrating that two employees are similarly situated include "a showing that the two employees dealt with the same supervisor, were subject to the same standards, and had engaged in similar conduct without such differentiating or mitigating circumstances as would distinguish their conduct or the employer's treatment of them." A more recent docket listing A party moving for summary judgment may use depositions and affidavits or declarations to show a fact is not genuinely disputed, and a party opposing the motion may also rely on them to demonstrate that a fact is disputed. Progress notes summarize the patient's progress over the past few weeks, whereas daily notes summarize the therapy services the patient received on a given day. (Cabrera, Krista) (Entered: 03/29/2021), (#7) PROOF OF SERVICE filed by Defendant Select Rehabilitation, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 served on 03/23/2021. See also Anderson , 297 F.3d at 250 (describing similarly situated employees as those where "the duties were comparable or they were otherwise similarly situated"); Lepore v. Lanvision Sys., Inc. , 113 F. App'x 449, 452 (3d Cir. 3:20-CV-00578 | 2020-03-26, U.S. District Courts | Labor | Since 1996, she has worked as an occupational therapist, except for brief times following the birth of her two children. The primary differences were age, education, number of years of experience and hourly rate. There is evidence that Hartman and Urbanski were similar. at 54:1-54:23; Def. Tr. Hartman Dep. The employees who were retained with pay cuts were Jennie, a physical therapist in her mid to late thirties, Kate, a PTA in her late thirties, Judy, a COTA in her fifties, and Susan, an occupational therapist in her late fifties.

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