CourtCases2010

Russells testimony was inherently incredible and so

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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 permission." 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.

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