Tagged: after-the-fact

“I do not find the voluntary quit assertion by [William Morris] to be the only lens through which to evaluate [Marcus Isaiah Washington’s] decision in 2010. I find it more likely that paternalistic soft racism identified Claimant as potentially problematic upon his first outreach to Human Resources. Any one of the representative twenty incidents cited and relied on by Respondent as evidence of Claimant’s substandard work would, theoretically, be grounds for termination. Yet, that did not occur contemporaneous with the alleged incident. Rather, they are subsequently relied on by Respondent for maximum cumulative adverse influence after-the-fact.” — Arbitrator David L. Gregory’s Partial Final Award, December 17, 2013. pg. 8.