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Clifford v. American Drug Stores

8/22/2005

o she retained attorney Stephen Glick, whose name and telephone number were on her deposition subpoena as counsel for Stange, Ryan and Carranza.


Approximately one week after her meeting with Conway, Clifford was injured at work, but took no time off work, and during the next two weeks, wrestled with the moral dilemma of her loyalty to the company versus the right thing to do. Finally, the stress sent her to her internist, Dr. Willis, to whom she "spilled her guts" about the sexual harassment she had endured. Dr. Willis prescribed antidepressants and referred her to a psychotherapist, whom Clifford started seeing once per week.


Clifford had been scheduled to go on vacation beginning June 20, 1998, shortly before her deposition was scheduled to take place. She had requested the vacation months before, expressly telling Casillas and Weber that she wished to be with her daughter when she had her scheduled caesarian section. But one week before the vacation was to begin, Casillas and Weber told her that she could not go, because she needed to "fix" her store, although they did not tell her what needed fixing. A week later, they reauthorized the vacation, giving the store a "thumbs up," saying that it looked very good.


During the vacation, however, Casillas called her back, saying that he had scheduled a visit to the store by the district vice president, Wanda White. It was very unusual to schedule such a visit during Clifford's vacation time, since vice presidents usually planned their visits for days when the manager was scheduled to be in the store. At first, Clifford agreed to come in, but changed her mind after considering how highly unusual it was to ask this of her, since she had never been asked to return from vacation for such a visit in all her 11 years as a manager. When she telephoned Casillas to inform him that she had changed her mind, he told her to "get ass" into the store, that she was making the wrong choices, and that she had better think things through if she wanted to have a career.


During this time Casillas was in contact with Doose almost daily. Doose was suspended with pay in early July 1998, and over the summer, Casillas called him at home some 10 times.


While district managers usually visit a store once per month, Weber made countless visits during that time surrounding Clifford's deposition. On some of his frequent visits to the store prior to the deposition, Weber asked Clifford what she intended to say. She felt intimidated by this, and felt as though he were suggesting that she not tell the truth. When the deposition was delayed until August 24, 1998, she suffered greater emotional difficulty, due to her dilemma over keeping her career or doing the right thing.


Constant visits and negative remarks by her supervisors during this time caused Clifford to feel as though she were under a magnifying glass, and that she could not do anythi

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