What is the test for establishing a pretext for terminating an employee?

"Showing disparate treatment or policy enforcement is a permissible means to establish pretext. [Citation.] [] To establish pretext in this manner, [the employee] must identify other similarly situated employees the [employer] did not terminate. Another employee is similarly situated if, among other things, he or she '"engaged in the

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same conduct without any mitigating or distinguishing circumstances."' [Citation.]" (Wills v. Superior Court (2011) 195 Cal.App.4th 143, 172.)