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Old 08-13-2011, 08:15 AM
Ayatollahgondola's Avatar
Ayatollahgondola Ayatollahgondola is offline
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Default You Must Be A Lazy POS When DMV Fires You For Being A Lazy POS

A hispanic woman (her own description) was fired by DMV for habitually evading work. The reasons she vomitted up for evading work are so varied and often that even the state got sick of her. She is suing for the usual discrimination, wrongful termination, etc, because...well, it was her race, not her slovenly nature that caused her firing. In other words, she believes that other state workers get away with this same behavior because they are not hispanic. From the court records, here is a sampling of her many excuses for evading work:

Quote:
2010-00083935-CU-WT
Dolores Casillas vs. State of California, DMV
Nature of Proceeding:
Filed By:
Hearing on Demurrer
Hosn, Kevin
Defendant State of California, Department of Motor Vehicles’ (“DMV”) demurrer to
Plaintiff Dolores Casillas’ First Amended Complaint is ruled upon as follows.
Defendant’s request for judicial notice is granted.
Plaintiff is a former employee of DMV. Plaintiff’s FAC alleges four causes of action
against DMV under the Fair Employment and Housing Act: (1) racial harassment and
discrimination; (2) sexual harassment; (3) disability harassment and (4) retaliation.
Plaintiff is a Hispanic woman and was initially hired by DMV in 1999. Plaintiff began
working in DMV’s Registration Processing Unit 3 in 2001, and was the only Hispanic
employee in that unit. Plaintiff suffers from chronic migraine headaches. Plaintiff
alleges that beginning in 2003, she was subjected to harassing and discriminatory
conduct, including: disregarding a physician’s note restricting her work duties to desk
work and instead requiring Plaintiff to climb up and down stairs and push a mail cart
with heavy baskets of mail (FAC ¶14); retaliating against Plaintiff for filing an EEO
complaint and requesting FMLA accommodations for pregnancy and migraines by
moving Plaintiff’s work station next to an employee who emitted strong body odor
(FAC ¶¶ 15-16); a manager keeping track of Plaintiff’s water breaks, yelling at Plaintiff
for snacking at her desk
and following Plaintiff to the restroom (FAC ¶16); punishing
Plaintiff for arriving late to work despite Plaintiff having submitted a physician’s note
stating that Plaintiff was experiencing heavy fatigue as a result of her pregnancy and
might arrive late or call in sick as a result
(FAC ¶18); disparaging remarks during
Plaintiff’s pregnancy including insinuating that Plaintiff was “partying,” and commenting
on the frequency of Plaintiff’s restroom breaks (FAC ¶18.d.); refusing to allow Plaintiff
to go home after a chemical spill occurred despite Plaintiff’s fear that exposure to the
spill could be harmful to her child
(FAC ¶20); in 2006, having her desk vandalized, a
vase broken and flowers tossed into her garbage, a picture of her son drawn on with
black marker, and toenail clippings placed on her desk (FAC ¶22); in 2007, being hit in
the head by a co-worker (FAC ¶24); being mocked and disciplined for taking leave and
attending medical appointments
(FAC ¶25); delaying Plaintiff’s paychecks (FAC ¶26);
and refusing to train Plaintiff to advance her skill set (FAC ¶27). Plaintiff filed
complaints with the Equal Employment Office (“EEO”) in 2003 and 2005 complaining
of harassment, discrimination based on age, and race, and retaliation. (FAC ¶¶15, 21.)
Finally, in 2008, Plaintiff alleges she was the victim of domestic violence, which
required her to attend court appearances and increased her migraines and stress
(FAC ¶¶28-29). Plaintiff alleges she was reprimanded and given “AWOL” status
As a previously experienced employer, I see someone who finds every excuse imaginable to avoid work. I'll bet the state was her last ditch effort to stay employed in the face of a long history of firings by private employers. That's an opinion mind you, but I'll bet it's true. But when you get fired by the state for being useless, you have to be useless.
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Old 08-14-2011, 09:47 AM
Patriotic Army Mom Patriotic Army Mom is offline
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Real useless!
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Old 08-15-2011, 07:28 PM
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ilbegone ilbegone is offline
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I worked for a multi billion dollar corporation for fifteen years. The upshot of paid sick time is that a person who suffered legitimate, documented, and verified illness could eventually be fired for "abusing" paid sick time.

And this was with union representation.

Worker's comp was another matter. They would have literally wheel someone in from the hospital on a gurney with IVs dangling for a couple of hours a day if they could have gotten away with it to keep from taking a hit on industrial lost work time.

Don't come to work if you're too sick or otherwise unable to do your job, and it's within an employer's right to send a disabled employee home until the employee can do the job.

Habitually hanging out at the water cooler rather than performing assigned duties is cause for dismissal, as is confusing the restroom with a library.

I wish working next to a smelly coworker was the the worst complaint I could register, but that would be rather hypocritical - there are times I have been a rather smelly person myself. But, I've never worked in an office either.
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Old 08-31-2011, 07:19 AM
Kathy63 Kathy63 is offline
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She's a Bartlelby "I'd prefer not to".
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