CourtCases2010

The discharge evaluation and dr pirls testimony

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Unformatted text preview: e and a half. According to Dr. Pirl, he also received complaints from Zihala's direct supervisor and others in the Department about her disruptive behavior and poor work performance. Yoshimura complained to Dr. Pirl that Zihala was not following directions and was complaining to others in the laboratory. Yoshimura also complained to Dr. Pirl that Zihala was following another chemist around the laboratory even though she was not assigned to that chemist and was refusing his instruction to follow the procedures of another chemist, instead insisting on reading the procedure. Additionally, Dr. Pirl received complaints about Zihala from Dietmar Grohlich, a supervisor in charge of the 188 blood lead testing laboratory located two [*16] floors below the food laboratory where Zihala worked. Grohlich complained to Dr. Pirl that Zihala was bothering his workers and disrupting their work by complaining that the Department had treated her badly and that people had lied to her. Grolich asked Dr. Pirl to keep Zihala out of his laboratory. Meanwhile, the workload in Dr. Pirl's section had increased by ten times because of the work transferred from the Chicago Department of Health. Dr. Pirl considered this workload increase to be close to an emergency situation and he found Zihala's behavior extremely disruptive. Dr. Pirl testifies that Zihala's poor work performance and disruptive behavior, coupled with her failure to report for work on December 20, 1993, motivated his decision to discharge Zihala. As Dr. Pirl describes it, Zihala's failure to report to work on December 20 "was the proverbial straw that broke the camel's back." (Pirl. Dep. at 50). Dr. Pirl testifies that as part of the employment and interview process he reviewed Zihala's personnel file with the City of Chicago but saw nothing that would indicate that she suffered from any mental illness. Also, Zihala did not disclose in her employment application or other [*17] employment forms that she was suffering from a disability. Dr. Pirl did n...
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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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