EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Unusually Harsh Treatment
Single Topic for Decision 2704H
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504.13000 – Unusually Harsh Treatment
A disproportionate punishment is an indicia of unlawful motive. The Board found termination excessive in light of employee’s long positive work history and plausible interpretation of instructions and thus concluded employer’s decision to terminate employee who engaged in protected union activity rather than employ lesser discipline indicated unlawful motive.