The context is : Instead, the employer contended in a lawsuit, “the drivers prompted the creation of the perishable product” and then waited until the concrete

The context is : Instead, the employer contended in a lawsuit, “the drivers prompted the creation of the perishable product” and then waited until the concrete was inside the trucks before walking off the job. The bar being set is intentionality in destroying property even through spoilage by setting up a situation to cause the spoilage intentionally. It’s a fairly minor erosion if it is at all.