Page:Cordúa Restaurants, Inc. v. NLRB (19-60630) (2021) Opinion.pdf/21

 misleading. Ramirez could have reasonably interpreted Espinoza’s question about whether he had texted Reichman about “getting any records” to refer solely to obtaining other employees’ records, because Ramirez was entitled to access his own records. Ramirez answered Espinoza’s question as to whether there were any text messages “to [Reichman] about a flash drive” accurately, because only Reichman sent text messages about a flash drive. Further, Ramirez’s general statements to Espinoza that he only texted Reichman about scheduling issues do not implicate the substantial evidence cited by the Board as to Ramirez’s protected activity. Finally, we have observed that an employer cannot avoid liability by pointing to evasive statements by an employee in response to questioning “inextricably involved” with the employee’s protected conduct. NLRB v. Roney Plaza Apartments, 597 F.2d 1046, 1051 (5th Cir. 1979). Substantial evidence supports the Board’s finding that Cordúa’s purported reasons for firing Ramirez were pretextual, and Cordúa has thus failed to establish that it would have fired Ramirez absent his engagement in protected conduct. The Board ordered Cordúa to remedy its Section 8(a)(1) violation by (1) offering Ramirez full reinstatement to his former job or a substantially equivalent position, (2) making Ramirez whole for any lost earnings or benefits, (3) compensating Ramirez for any adverse tax consequences of receiving a lump-sum backpay award, and (4) removing any reference to Ramirez’s termination from its files. On review, Cordúa argues that the Board erred in ordering reinstatement and backpay because Ramirez “committed misconduct and perjured himself.” As established, the record does not support Cordúa’s allegations that Ramirez committed misconduct or perjury. We give the “greatest deference” to the Board’s choice of remedy and will not reverse this decision unless it is shown to be a “patent attempt
 * D. The Board’s order directing Cordúa to offer Ramirez full reinstatement and backpay