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Unformatted text preview: ould we fuck her? Should we call her husband? How many
times can we fuck her?" Mrs. Russell testified that the two men then laughed.
Mrs. Russell further testified that, one hour later, Schmielowski came up behind her and
punched her in her back and her elbow. She complained to McDaniel and begged
McDaniel to leave work because of the severity of the pain. McDaniel refused and
required her to remain at work late to finish inventory. The next morning, the Russells 120 called the police and filed a police report. Mrs. Russell took the next two days off from
work. On March 3, 1998, she returned to work and met with Eric Akel, Doral's General
Manager. She told him about the incidents involving Holder and Schmielowski and
indicated that she needed to see a doctor. Doral arranged for a taxi to take Mrs. Russell to
the doctor, where she filed a Workers' Compensation claim. The doctor confirmed that
she had contusions on her back and elbow and limited range of motion in her back. He
prescribed her medication and had her return to work. Gina Diaz investigated this
incident. Because Schmielowski denied the incident and because there were no witnesses
to corroborate *376 Mrs. Russell's claim that the injury occurred at work, Diaz put the
Workers' Compensation claim into question.
Mrs. Russell returned to work after seeing the doctor. When her shift ended, McDaniel
required her to work overtime. Mrs. Russell begged McDaniel to allow her to leave work
because of the pain, but McDaniel refused. Mrs. Russell then consulted Executive Sous
Chef Klaus Mueller, McDaniel's supervisor. According to Mrs. Russell, Mueller
permitted her to go home after her shift and requested that she leave McDaniel a note to
that effect. The note was admitted into evidence at trial.
At the end of her shift on March 4, 1998, the following day, Mrs. Russell was called to
Human Resources where Allen and McDaniel fired her. Doral's reasoning for the
dismissal was that Mrs. Russell "[d]id not work her scheduled shift, [and] left without
After the trial, the jury returned...
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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