Assuming that the first three requirements are established, how would you argue on behalf of the employer that Garcia would have been discharged even if he had not engaged in his protected activity?

Labor Law

Case 2: Fired for Poor Driving or Talking with a Union Organizer?

You are to answer the three following questions after reading the case.

How would you argue the first three requirements on behalf of the discharged employee? (1) Garcia was engaged in protected activity, (2) the employer was aware of the activity, and (3) the activity was a substantial or motivating reason for Garcia’s discharge.

Assuming that the first three requirements are established, how would you argue on behalf of the employer that Garcia would have been discharged even if he had not engaged in his protected activity?

If you were a member of the NLRB, how would you rule? What is the remedy?