1. Evaluate the employer’s decision not to call any management witnesses or offer any written evidence to support the employer’s stated position in the case.

What are some examples of testimony or written documentation that an employer in a similar situation could use to prove the employer’s theory of the case? Ramon Ortiz had been employed for six years as a waiter in the employer’s restaurant at the time of his June 19 discharge. On May 11, Ortiz was scheduled to work from noon until 10 P.M. After clocking in, Ortiz requested and received permission from restaurant manager Hildago to leave work early if Ortiz would return in time to work the 4:30 P.M. dinner period. Ortiz left work but later claimed that he ‘‘forgot to clock out.’’

When Ortiz’s brother Juan reported for work at 6 P.M. he clocked himself in and clocked his brother Ramon out at 6:04 P.M.

A week later, manager Susan Post noticed while reviewing time card records that both Ortiz brothers had clocked in and out at virtually the same time (6 P.M.) on May 11. Manager Post interviewed both Ortiz brothers to solicit their explanation of the time card entries.