EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Unusually Harsh Treatment

Single Topic for Decision 2704H


View all topics for Decision 2704H

Full Decision Text (click on the link to view): Full Text

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.