‘BIG Little Lies’: Employer’s Inconsistent Practice Invalidates Employee Termination for Dishonesty, Says NLRB
The NLRB ruled that Cellco Partnership was guilty of wrongful termination because it had been inconsistent in its treatment of employees who were found lying during investigations. Bianca Cunningham, a vocal supporter of unions, was fired after Cellco determined she had given inconsistent statements during an interview for an internal investigation, which the company interpreted as dishonesty. The NLRB stated that in past investigations employees who were uninvolved in union activities and engaged in dishonesty had not been fired, whereas this employee, a union activist, had been fired. Because of this inconsistency, the board inferred that the employee was unlawfully discharged for their union support. The company was subsequently ordered to pay Cunningham for any expenses she might incur while seeking another job.
See "‘BIG Little Lies’: Employer’s Inconsistent Practice Invalidates Employee Termination for Dishonesty, Says NLRB", David J. Pryzbylski, The National Law Review, June 14, 2017