(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.)
Plaintiff is harassed by the other people as well. That same day, Plaintiff is called into the manager’s office seven times by Amy Jones. Each time it is to ask Plaintiff to change her shirt. Plaintiff’s shirt was appropriate when she arrived to work, but Ms. Jones insists she change. Every time Ms. Jones gives Plaintiff a shirt but calls her in a short time later to make her change again.
Finally, Plaintiff is again threatened with her job over her pregnancy and complaints of harassment. The assistant store leader, Paul Chan calls Plaintiff into his office. Also present is Ms. Jones and Mr. Hermisillo. Mr. Chan falsely claims that Plaintiff gave poor customer service. Plaintiff did not and tells him so. Instead, Plaintiff gave great customer service. Mr. Chan yells at Plaintiff. Plaintiff says she is being harassed over her pregnancy and is stressed out and feels backed into a comer. In response to her complaint of harassment, Mr, Chan tells Plaintiff that she is a bad person and don’t give him that shit about harassment. Mr. Chan yells “don’t give that fucking shit about harassment.”
Plaintiff starts to feel ill and starts to cramp and bleed over her pregnancy. Plaintiff tells Mr. Chan that she is not feeling good and cramping over her pregnancy and wants to see a doctor. In response, Mr. Chan tells Plaintiff that she should go on disability or quit. Plaintiff tells Mr. Chan that she has restrictions and he tells her to quit or go on disability. Plaintiff again asks to leave and go to the hospital and that Mr. Chan is stressing her out with the harassment. Mr. Chan responds do not give me that shit about harassment, go back to work. Mr. Chan tells Plaintiff to go back to work, this is just a verbal warning and not discipline. Plaintiff again says she cannot go back to work because she is cramping and bleeding and wants to go to the doctor. Then, Mr. Chan yells “you’re suspended until further notice.”
PLAINTIFF GOES TO THE DOCTOR THAT DAY AND IS PLACED ON ANOTHER MEDICAL LEAVE AFTER NEARLY LOSING HER BABY
The same day as the meeting, Plaintiff goes to the doctor again. She is again told that she nearly lost her baby over a threatened abortion. She is again placed on bed Fest and a medical leave. Plaintiff provides all the doctors’ notes about her bed rest and time off, including after November of 2006.
THE DECISION IS MADE TO FIRE PLAINTIFF THE NEXT DAY AFTER HER COMPLAINTS OF HARASSMENT AND WITHIN TWO DAYS OF HER RETURNING FROM PREGNANCY RELATED MEDICAL LEAVE
The day after the meeting with Mr. Chan, where Plaintiff complains of harassment again, the decision is made to fire her. Mr. Davis made the decision to fire Ms. Smith. He had no plans on firing her prior to the meeting with Ms. Smith and Mr. Chan. Following that meeting, Mr. Davis made the decision to fire Ms. Smith within by the next day. In his head, once he made the decision to fire her, that was the final decision and he would not change his mind. (See Part 7 of 19.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.