Hysjulien v. Hill Top Home of Comfort, Inc.

[¶ 50] I respectfully dissent.

[¶ 51] Hysjulien’s later affidavit appears to be the classic sham affidavit.

[¶ 52] Hysjulien unequivocally told the North Dakota Department of Labor that *551she had been terminated on September 2, 2008.

[¶ 53] Hysjulien later filed an affidavit contradicting her earlier statement, saying she did not understand the legal significance of her previous statement in that it terminated her right to pursue her claim, and so she was providing a new version of what had happened. This appears to be the essence of a sham affidavit.

[¶ 54] It is important to note, it was not only…