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Clifford v. American Drug Stores8/22/2005
man resources, Adams arranged to have the checks sent directly to Clifford from the payroll department in Chicago.
In the summer of 1999, Clifford received a notice in the mail that the company had changed her status from worker's compensation leave to leave of absence, which would adversely affect the company contributions to her retirement, as well as her vacation status when she returned. She informed the company that it had used the wrong code, but she received no response.
In October 1999, Clifford wanted to return to work, but her doctor agreed to release her only with the restriction that her work week be limited until mid-January to 40 hours, from 8:00 a.m. to 5:00 p.m., Monday through Friday. She returned to work in late October, and in November, she had many discussions with Weber about her work restrictions. He told her that her restrictions did not fit her job description, that no general manager could do an efficient job with only 40 hours, and that she could not do a good job in that time. She reminded him that other managers had restrictions in the past, and the company had tried to accommodate them, but he replied that he would not do so for her.
In early December, Weber announced to Clifford that he was transferring her to the Los Angeles Mall store in downtown Los Angeles. She protested to Weber, because it was a long way from her home in Chino Hills. And she wrote a letter of protest to the vice president of operations, Wanda White, claiming that it was a retaliatory transfer, but White did not respond.
Weber claimed that it was the only store that would accommodate her schedule, because it was open from 7:00 a.m. to just 6:00 p.m., Monday through Friday. In fact, the former manager of the Los Angeles Mall store worked occasional Saturdays, even though the store was not open. Saturday work was necessary because the store was small, and the aisles were too narrow even for shopping carts, making stocking shelves from the aisles impossible with customers present.
Although the general managers of other stores were assisted by an assistant manager and an operations manager, the Los Angeles Mall store did not have a budget for an operations manager. At the time that Clifford was sent there in December 1999, the assistant manager had been working 60 or 70 hours per week, including every Saturday. Approximately one week later, Sav-On changed assistant managers from salaried to hourly employees. At that time, the company suggested to the assistant manager of the Los Angeles Mall store that he limit his workweek to not more than 48 hours.
Clifford knew that she could not manage the Los Angeles Mall store with the staff provided and stay within her restrictions, and her new market manager, Bruce Smith, told her that she could not run the store in just 40 hours, but would have to work weekends and late hours. So she asked Weber for more help, but he r
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