Page:Cordúa Restaurants, Inc. v. NLRB (19-60630) (2021) Opinion.pdf/20

 text messages to Ambroa and the testimonies of Ambroa and Espinoza—were deemed not credible and speculative, respectively. The Board’s reliance on Ramirez’s testimony was not inherently unreasonable or self-contradictory.

The record supports that Cordúa’s claim to have fired Ramirez for accessing other employees’ confidential records was pretextual. Cordúa never received any information establishing that Ramirez obtained other employees’ records. The IT department’s investigation, concluded weeks before Ramirez’s firing, determined that it was “more than likely” that no records had been taken. Cordúa’s claim to have fired Ramirez for attempting to obtain other employees’ confidential records was also pretextual. Substantial evidence supports the Board’s finding that Cordúa had no credible evidence supporting that Ramirez attempted to access other employees’ records.

Ramirez’s alleged dishonesty to Espinoza was also a pretextual justification for his termination. Espinoza’s questions to Ramirez were