From Termination To Trial: Why Employers Need a Consistent Story

It’s rare for an employee claiming discrimination to have a “smoking gun” piece of evidence. I’ve yet to defend a case where an employer outright says, “We’re firing you, old man, because you’re just too damn old.” Instead, most plaintiffs have to rely on circumstantial evidence to prove their case.

In age discrimination claims, that often means poking holes in the employer’s stated reasons for termination—showing inconsistencies, contradictions, or just plain weak excuses. And that’s precisely what happened in a recent Ninth Circuit case.

A Case of Convenient Reasons?

An employer fired an employee, claiming three reasons:

1. She resisted changes and challenges.
2. She wasn’t on board with the new administration’s priorities.
3. She acted unprofessionally toward coworkers.

On paper, these seem like legitimate reasons to terminate someone. But the plaintiff’s direct supervisor told a different story.

• The supervisor testified that the employee was actually very willing to follow the new administration’s priorities and didn’t resist changes at all, “The plaintiff ‘was more than willing [to] take direction and focus on administration priorities from the new administration when it took office in 2019’ and put up ‘no resistance to the changes the new administration put in place once it took office.'”
• The employer claimed the plaintiff delayed responses to requests, but the supervisor’s testimony suggested it was actually the administration that was slow in providing feedback, “The plaintiff ‘would wait weeks, and even months without commentary or feedback on items she had been asked to provide to the new administration.'”
• The plaintiff was accused of being unprofessional, but the supervisor said she had never seen or heard of any such behavior.

With all these contradictions, the court found enough doubt in the employer’s reasoning to send the case to trial.

Key Takeaways for Employers

• Consistency is critical. If different people in your company give different reasons for a termination — especially the plaintiff’s direct supervisor — expect trouble.
• Document everything. If an employee is let go for performance or behavioral reasons, there should be a paper trail to support it.
• Don’t sugarcoat (or fabricate) termination reasons. Keep it real. If you fire someone for a legitimate reason (and if you don’t, you’re doing it wrong), make sure it’s the actual reason—not one that sounds better in court.

The Bottom Line

Employers should be careful when crafting termination justifications. If your stated reasons don’t hold up under scrutiny—or worse, if your managers contradict them—expect a judge to take notice. Firings are part of business operations, but ensuring your reasons are consistent and well-documented can help you avoid an expensive day in court.