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From Termination To Trial: Why Employers Need a Consistent Story

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I

t’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 circumstantia

l

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 wh

at happened in a recent Ninth C

ircuit case. A Case of Convenient Reasons? An employer

fired an employee, claiming three reasons: She resisted changes

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