Unformatted text preview: of her
disability. The record contains overwhelming evidence that the Department discharged
Zihala because of her poor work performance and disruptive behavior. As evidence of
Zihala's poor work performance, the Department has produced Zihala's discharge
evaluation. This evaluation, dated December 22, 1993, was completed by Zihala's
supervisors and sets forth their reasons for discharging her:
Ms. [*14] Zihala's work performance was below standard. She demonstrated an
inability to follow
directions, questioned assignment[s] and demanded in an
unprofessional manner that time be donated to her personally by her supervisor and
Section Chief. She had no knowledge of such rudimentary operations as the use of
analytical balances or the scientific recording of data and results. Every day, at least once,
Ms. Zihala demanded immediate promotion to Chemistry Supervisor even though she
had been informed that she had been evaluated for that position and not deemed
(Def. Ex. A- 12).
These comments are echoed by Dr. Pirl in his affidavit and deposition testimony.
According to Dr. Pirl, on several occasions during her first week with the Department
Zihala requested that he promote her to the Chemistry Supervisor position and that he,
rather than her direct supervisor, give her assignments. At one point during the first week,
Zihala accused Dr. Pirl of being prejudiced toward the former Chicago employees and
stated in an aggressive manner that she deserved the supervisor position. Zihala spent at
least one hour each day in Dr. Pirl's office complaining that she should be a supervisor,
[*15] complaining that the State had "done her wrong," and asking to see a union
representative about obtaining a supervisor position. Zihala also appeared to be
unfamiliar with the operation of the analytical balance which is a basic chemistry
procedure. Dr. Pirl "considered this to be a serious defect in her background or
experience." (Pirl Aff. P 22). Even after some training, it would take Zihala 20 minutes to
perform a measurement that should take about only a minut...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08