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.
-13-
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