Saul Rosenzweig v. Figgie International, Inc.

35 F.3d 571 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Saul ROSENZWEIG, Plaintiff-Appellee, v. FIGGIE INTERNATIONAL, INC., Defendant-Appellant. No. 93-55189. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 1, 1994. Decided Aug. 31, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 We agree with Figgie International, Inc., that the district court reversibly erred by excluding "evidence relating to ... [t]he fact that [Rosenzweig] was terminated because of his alleged failure to adequately perform his duties as an employee of [Figgie]." (ER 2:313-15.) Contrary to Rosenzweig's assertion, Figgie preserved this issue for appeal. The statements by Figgie on which the district court based its ruling do not justify the wholesale exclusion of evidence offered to show other reasons for firing Rosenzweig. At most, the company's statements are relevant in assessing whether its unstated reasons for firing Rosenzweig are credible. 3…