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Clifford v. American Drug Stores8/22/2005
same schedule five or six times in one day, and he would still claim that he did not receive them.
Weber called one day around noon in mid-April 1999, to instruct Clifford to fax him her schedule, which she did. He called again and claimed that he did not receive it, so she e-mailed it to him, but again, he claimed not to have received it. Clifford faxed him the schedule three more times, with the same result, and finally, Weber said he received it, but it was not acceptable and he told her to revise it. Clifford had arrived at work at 6:00 a.m. that day, and Weber's calls continued approximately every 45 minutes until 8:00 p.m. In his final call, he told Clifford that they had a problem, because she did not have an understanding of the English language, and must be stupid or an idiot.
Clifford's anxiety and depression had been getting increasingly worse in the six months leading up to that day in mid-April, with severe panic attacks, frequent debilitating migraines, dizziness, and vomiting. That day was "the straw that broke the camel's back." She had a panic attack on her way home, and the next day, feeling she could no longer function, Clifford saw her doctor, who placed her on medical leave.
Clifford filed a worker's compensation claim, and was examined on June 28, 1999, by psychiatrist Howard Greils, M.D. at Sav-On's request. Dr. Greils concluded that Clifford was suffering from two significant psychiatric conditions as a result of the events in the workplace: an adjustment disorder with mixed emotional features of anxiety and depression; and a panic disorder that was in remission by that time. Among other things, Dr. Greils recommended formal counseling with a psychiatrist and increasing Clifford's antidepressant and anti-anxiety medications. Further, he recommended to Sav-On that any retaliation cease, that Clifford's work environment be monitored, and that communication be improved.
Twice during her disability leave, when Clifford shopped at the Diamond Bar store, where she was entitled to an employee discount, security personnel followed her from the moment she entered. She complained to Weber, who said that it was her problem, and when she returned to the Diamond Bar store, the cashier told her that her name was not on the employees' discount list.
Clifford did not receive her first paycheck while on disability leave, even though it had been processed promptly by the payroll department, and sent to the store for distribution. It took several calls to Casillas to have the store give her cash in exchange for an I.O.U., ordinarily a normal procedure when checks are delayed. The next two checks were delayed as well, and when the check for the delayed amounts arrived at the store, the store employees would not give her check to her until all I.O.U.s were paid, although she was unable to pay the I.O.U.s without receiving her check first. When Clifford complained to hu
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