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Wash. Court of Appeals published opinion — 701282.pdf

Citation
Wash. Court of Appeals published opinion — 701282.pdf
Jurisdiction
Washington (state)
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The trial court found inconsistencies in the nonretaliatory bases Sleeth

and Franssen provided for their termination of Currier's contract, as well as the

timing of the termination decision. At trial, Sleeth and Franssen testified that they

had made the decision to fire Currier at least a week before Currier's complaint

and waited for their meeting with Larry Graham only to confirm their decision. In

earlier answers to interrogatories, however, they made no mention of having

already made this decision. Larry Graham testified at trial that Sleeth and

Franssen cited Currier's slow performance and safety and compliance issues

with his truck. Graham did not recall anything about Currier agitating other

drivers or that there had been customer complaints. While Sleeth and Franssen

testified that customer complaints were a reason for Currier's termination, they

did not cite this reason in earlier interrogatory answers.

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NO. 70128-2-1/14

There were also inconsistencies among the accounts of McQuade, Sleeth,

and Franssen about the meetings that occurred after Currier complained about

Howell's racist remarks. McQuade testified that she reported Currier's complaint

to Sleeth that day and to Franssen that day or the next. She testified that she,

Sleeth, and possibly Franssen met with Howell and Martinez the day after

Currier's complaint. Sleeth and Franssen, however, testified they did not meet

with the drivers. Sleeth testified he did not speak to McQuade about the

complaint and did not know about it before terminating Currier.

"Proof that the defendant's explanation is unworthy of credence is simply