Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/sex discrimination case and its proceedings.)
STATEMENT OF FACTS
A. PLAINTIFF WORKED FOR DEFENDANT SERVING CUSTOMERS
Plaintiff Gina Smith (hereinafter Plaintiff or Ms. Smith) worked for Defendant for multiple years in the Roseville store. Ms. Smith was hired in April 16, 2004. Her job was to work in prepared foods, serving Healthmart Foods customers various types of food, i.e., pizza, sandwiches, salad, soup, etc. Plaintiff was employed by Defendant until April 27, 2007.
PLAINTIFF WAS A GOOD EMPLOYEE DURING HER EMPLOYMENT WITH DEFENDANT, EARNING MULTIPLE MERIT BASED PAY RAISES
During her employment with Defendant, Plaintiff was a good employee. First, as an introductory employee she was voted on by her team members to work in prepared foods, which requires a positive two-thirds vote. For Plaintiff to be voted on, she had to be performing satisfactory, which she was. Ms. Smith earned three merit based pay raises during her tenure, moving from $9.00 an hour, to $9.25, then $10.25 and then $11.25. She received good performance reviews.
The decision maker admitted she was at least an average employee. Mr. Davis is the Store Leader. He made the decision to fire Ms. Smith. Mr. Davis admitted that from April 16, 2004 through May of 2006 (before he learned she was pregnant), she was an average employee.
During her employment with Defendant, Ms. Smith received favorable marks. First, she was told numerous times by all her supervisors, including Paul Chan that she did an excellent job and was a great employee. She was constantly complimented by staff, customers and her supervisors for her great customer service. Mr. Davis admits to getting positive feedback about Plaintiff’s performance from her supervisor. Mr. Davis admits that Ms. Smith’s customer service was good, at least at times.
Further, Ms. Smith always did a great job for Defendant during her employment. Ms. Smith shined on customer service; she was always positive with customers and attended to their needs. Ms. Smith never yelled or used profanity at work. Her co-workers told her they loved working with her.
Plaintiff was trained on-all aspects of her department. The prepared foods department consists of several station including pizza, hot bar, salad bar, carving station, sandwich area, sushi and a smoker. During her employment, Plaintiff had been trained on every area in prepared foods. She could work at each area and did a good job at each area. (See Part 3 of 19.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.