Clifford v. American Drug Stores8/22/2005
illas and Ken Weber, Clifford's district manager at that time, inspected the Baldwin Park store together. Such inspections are always done with a manager or assistant manager, who takes notes of items needing improvement, uses the notes to fill out an electronic checklist, and usually that evening, e-mails the form to the district or market manager who made the inspection. The checklist is used by the store manager as an "action plan."
The inspection of June 4, 1998, however, was made by only Weber and Casillas, unaccompanied by Clifford or an assistant manager. Casillas participated in only half of the inspection, because he needed to help receive a shipment. Weber simply walked up and down the aisles, and no one prepared a checklist at that time.
Weber and Casillas returned to the store on June 5, 1998, when Clifford was there, and agreed upon an "action plan," although they did not do a walk-through inspection that day.
On June 8, 1998, an e-mail was generated regarding the visit of June 4, 1998, with a list of 42 items to be corrected, although Clifford's checklists had never been so long. On the same date, at Weber's direction, Casillas prepared a letter of criticism demanding a written action plan from Clifford, and referring to the visit of June 4, 1998, with no mention of the visit or discussion of June 5. The letter was submitted to human resources before delivery to Clifford, but was not delivered, because Adams told Weber not to do so. Someone, however, placed the letter in Clifford's personnel file without first conducting the usual face-to-face interview to review the perceived deficiencies stated in the letter.
At the predeposition meeting of June 8, 1998, Clifford met with Adams and Catherine Conway, Sav-On's lawyer who was representing the company in the action brought by Carranza, Ryan, and Stange. Clifford was very uncomfortable and did not want to answer Conway's questions, but when Conway pressed her, Clifford cried and told her that Doose had sexually harassed her, too. Conway told her that she did not have to remember anything in the upcoming deposition that would make her feel uncomfortable, which Clifford interpreted as a suggestion that she lie under oath.
When Clifford arrived at work the next morning, Weber and Casillas were in her office waiting for her. She had already had a market visit three days before, so this was very unusual. When Weber asked her how the meeting went, she thought he was essentially confirming what she had believed all along -- if she told what she knew, she would have no career and no livelihood. Weber and Casillas remained over an hour that day. Casillas reminded her that she was a team player, and "when you're a team player, you play with the team, not against it."
At that moment, Clifford felt that she would soon be fired, and that she needed representation to understand her rights and protect her job, s
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