EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications

Single Topic for Decision 1920M

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In determining that there was an unlawful motive for an employee’s termination, the Board considered a manager’s contradictory testimony about the reason for the termination. She claimed that the employee’s history of retaliatory and aggressive behavior led her to her decision to terminate him. However, she also testified that her Determination letter, which does not allege any physical abuse by the employee, contains all the reasons for his termination.