Wednesday, August 19, 2015

My experience working at Fred Meyer...

https://www.facebook.com/rdannells/media_set?set=a.10204726729670640.1073741842.1308796929&type=3

My experience with Fred Meyer


Tomorrow marks one year getting terminated from Fred Meyer after 18 years of faithful service. April 19th 2015 would have been my 19th year. I started working at Fred Meyer in 1996. I was a married eleventh grader still in high school who needed a job with health insurance to take care of my young family. Four years later the marriage ended and I needed to take full custody of my then four year old daughter and the rest of the years went by.

It has been a hard road. I have learned much this last year. One of the things I learned is that some employers are willing to do anything to get rid of you once they decide it’s time for you to go. Maybe you are you are making too much money or you don’t want to play the salary game or they realize they can get someone less expensive to do the job you once did.

I also learned sadly that some co-workers are willing to deceive, and throw you under the bus if they think it will benefit their careers and that some employers are willing to take corresponding actions if the result would mean the removal of an expensive long time employee.

After I was terminated the main office transferred all the players involved in my removal. This is a standard practice to make the grievance process more difficult to investigate. The loss prevention manager Henry Roweland was transferred. The assistant manager Justin Lopez was transferred going into a holiday which is unheard of; to remove a key manager during a store's most profitable time, but it had to be done to askew the investigation process. The back-up 4th Ronald Tate my relief took my position for a time and then he later was promoted for his involvement into MD1 training. The food manager Andy Morehouse was promoted. Justin the assistant manager who had been transferred was soon promoted and came back to my old store as the new food manager where he is today. The woman who was hired to replace my 40 hour position quit after 4 months. She was being paid half what I had been getting paid. Almost everyone involved in my termination got promoted. That was how corporate rewarded those involved in my removal.

I learned that the store director is not your friend, no matter what you do, what they say and the conversations you may have over the years. You are ultimately a tool they use to run the store and you basically slave everyday to fatten their sales bonus. Regardless of what they may say to you, they will not help you personally if you have been targeted for removal. If they or any other of your superiors friend request you on facebook they are not doing this to get involved positively in your life, they are usually doing this so they can spy on you to get additional information in the example of if you ever missed work. Anyone who is Facebook friends with their superiors should go into their facebook settings and put that person on, 'restricted' status, if they don't block them outright, that way it shows you as still being FB friends, and they will not see much of what you post so that info cannot be used against you later.

Before I was terminated there was an instance that stands out that I know now played a factor in the decision for my management team to terminate me. What happened was that for a time our daily prime time scans (how many out of stock items we had daily) were always high and we were instructed by the food manager to not scan all the product outs so we would have a more favorable out of stock scan score for our main office. My co-worker and I refused to take this action because it would be considered falsification of records and it could get us fired. We instead suggested to our food manager that we focus on training so behaviors changed, so the results would change. Our food manager was not happy at our refusal. He just ended up doing the scans himself or having Ronald Tate do them and magically our numbers improved... An email about being asked to falsify the scans was sent to Daron Maygra the store director, but there was no follow-up done about it. Salaried managers stick together. That food manager still works for Fred Meyer and he later was promoted to a larger store.

A short time after this instance I was cautioned in April of 2014 during my yearly performance appraisal review with Andrew Morehouse the acting food manager, though my review was mostly positive, he said I had been in the present position for far too long (12 years), it was a waste of my abilities, and I was keeping other people from getting promoted by holding onto this position. He said I am not threatening you, but you should, "move up or move on" so your position doesn’t get removed from you... I took this as a threat. A few months back Andy had scheduled me during a time that was outside my documented availability. I have always done the 3rd shift at Fred Meyer. 3 pm to 12 am. Andy scheduled me to open the store at 7:00 am. I told him I was unavailable during this time because I had my then 4 year old son in the mornings, while my wife was working at Starbucks. Andy did not like this, and said he could schedule me during this time if he wanted to, and he wanted to because he said my execution of tasks was better than some, but he said he didn’t want to have a hassle with the union because they would point out that I’d been closing for 12 years, so Andy had the schedule changed back to what I usually worked.

I told Andy I liked the food 4th position, it worked with my life balance and I was not interested in a salary position because it would increase my work hours, responsibilities, and my costs without increasing my pay. The compensation was not worth the true hourly cost of the position as many have found out the hard way. The other truth was that I was pro union. I had seen too many people get hired, fired and lives ruined by deceptive tactics and fake promises done by salaried company people at the direction of the main office over the years to want my labor to contribute to that ideal. To resist from being caught in this problem myself and myself getting fired, I did my job to the best of my abilities for 18 years, had an excellent attendance record, (had a 4 year period where I missed no scheduled work) solid yearly reviews, no disciplinary record, no write ups and no suspensions, just a verbal my first year. I worked 40+ hours a week and took care of my family and myself. It never occurred to me that since Fred Meyer couldn’t find a normal way to remove a protected union employee they would create a reason to fire me.

July 12th 2014 I was brought into the office of store director Daron Maygra where he told me I was being investigated for the falsification of the stores temp charts. He claimed that I had falsified the temperature records two weeks prior. I do not know why he waited two weeks to talk to me about this claim. I was in disbelief. The temp chart book was a mess, but not on account of me. My record keeping is very thorough. I did the temperature readings myself or had someone else do them if I couldn’t. I had mentioned the poor condition of the temp charts to management’s attention multiple times saying that it needed corrective action. Temps were not being done regularly by all employees, they were too busy or got interrupted and the book was only being corrected to show compliance when it was leaked to us by the regional supervisors that we were due for a food audit by the health department and to “ensure our temp books were 100%.” I had made copies of those temp charts to show management where the errors were occurring. I firmly denied the allegations, was suspended anyway, left the store, contacted my union rep for personal counsel (the first time having to so in my entire 18 year career) and went home to figure out what was happening.

July 15th 2014 fully expecting to be exonerated, Daron Maygra fired me in his office after 18 years of service, two week after I had moved my now 18 year old high-school graduated daughter out the house to her new life in Portland and 3 days before I was to leave for our yearly two week summer family vacation. How is that for timing?

In the days following, my union rep said that if I had ever cost the store any money in the past that the Fred Meyer corporate office would fight tooth and nail to ensure that I did not get my job back. I thought about that and the only thing I could remember where I was involved, that had cost the store money, was my testimony at the past union hearing concerning two associates that had been wrongly fired by previous store director Mark Shirk. My testimony had gotten them their jobs reinstated with back pay. They still work at that store today and they are wonderful people. Prior to that hearing Mark Shirk had personally threatened me in his office alone, with the door closed that if I didn’t say exactly what he told me to say about those two associates at the hearing he would see me fired. That was a big mistake for him. I was quiet and nodded my head which led him to believe then I would do as he asked, but once I was at the hearing in front of everyone I gave the truthful testimony as I'd planned, of what really occurred with him and those two associates that night and read them my journal accounts. I knew that day that I had probably sealed any possibility of moving up with the company, and I'd need the union for protection from then on, but so be it. I won’t be bullied by anyone and neither should anyone else.

Mark Shirk still works for Fred Meyer in Idaho. Many employers do not terminate these types of managers regularly, they just move them, because corporations feel they still need to have some of these managers around, who are willing to play dirty if meeting those sales numbers in a just and ethical fashion has not worked and they need to try something else. Running a business is a numbers game, and corporations really don't care much how you meet your numbers (sometimes that don’t want to know how), just as long as you get those numbers.

Immediately after my termination I filed for unemployment which I had never done before. You cannot claim unemployment if you are fired. You can however claim it if you can prove your termination was wrongful and you have documentation to support it. Anyone who knows me knows that after the experience of Mark Shirk I copied everything I put my signature on, kept a written work journal, scanned these documents and sent them to my personal email to leave a paper trail should I ever need them later and I am glad I did this.

Part time people: Did you know you can claim unemployment if you are scheduled under your minimum amount of hours? File once and the main office will ensure you get your hours after that. They do not want to deal with that tax mess.

You can also quit a job with cause and collect unemployment which you usually cannot do, if you can prove through documentation (a written journal) that the employer was creating a hostile work environment. How many managers have done this to you when your children got sick and you missed work? We only got six rolling absences a year or we could be terminated. They use this practice with more of the senior associates when they are trying to get rid of them as older employees cost the store more in benefits and pay in the long run. New employees cost the store much less. You will have to defend your unemployment claim, but it can be done, just be truthful, stick to the facts, do not exaggerate, and be organized in your documentation.

I received $404 a week (after taxes) in unemployment for 26 weeks ($10,504) while I looked for other employment. This paid our monthly mortgage for my family and some of our transportation costs. There wasn’t much left for food. Fred Meyer soon appealed my collecting unemployment. There was a phone hearing scheduled with a Judge. If I lost the hearing, I would be required to pay the unemployment back. My union rep said he would represent me at the hearing, but found out two days before the hearing that he could not represent me, because a previous union member had tried suing the union because they felt their unemployment hearing representation had been poor. So now I had one day to prepare to represent myself at the hearing alone. So be it. I faxed over 69 additional documents from the work source office to support my claim of wrongful termination against Fred Meyer. During the hearing the Fred Meyer attorney tried saying the documents I sent were not admissible because they claimed they had not received them, but I had anticipated this and saved the report that said the fax had been sent to the number they provided successfully and I faxed that proof over as well so the judge knew Fred Meyer had received them. I represented myself alone at the hour long phone hearing, with the Fred Meyer attorney, Daron Maygra, Ronald Tate, and Henry Roweland. Ten days later, The Judge after hearing the testimony and looking over the documents sided with me and I won the unemployment hearing. I continued to receive my unemployment benefits.

I still had to look for other employment and I wanted to work. The day after my termination I immediately crafted a new resume and began filling out applications. I hadn’t had to create a resume for 18 years. In the weeks and months after my termination I went to the local work source locations often to take their job training classes to update my skills. I filled out tons of online applications each week. I went to many job interviews looking for full time positions. I think most were hesitant to offer employment to me when I had an open grievance with an employer. I continued on.

I had to immediately adjust my household budget to stay afloat with our reduced income. We were not going to use our credit cards to survive because they are the most unforgiving if you lose your ability to pay. You can walk away from a house but you cannot really walk away from a credit card. I paid off the small balance on my credit card with my vacation cash out from Fred Meyer (They shorted me two weeks pay ($1400 after taxes), which Daron had said initially I would get, but then saying because I was termed I didn’t qualify for this year’s vacation hours). I decided I wasn’t going to owe anyone money, except for my mortgage and not be able to pay. We made our adjusted budget work and no money ever went on a credit card. We learned to live within our meager means.

I had to become a stay at home dad for a time when Annie switched from part time to full time to help support us, which was the fair arrangement since she was working and I was not. I cooked and cleaned, took care of my son, (which was an old hat from my single days, raising my daughter), took him to kindergarten now since we couldn’t home school him now with Annie working full-time. I continued to take work source classes, train and look for work.

The mental game was the hardest for me personally. You feel quite alone. I wasn’t in the store to defend myself from the stories my management team would say. I‘d hear what was said about me from my faithful co-workers and friends. I was angry, frustrated and felt betrayed. I don't condone work place violence, but I understand now why it happens, because many feel when there is no justice what is left is only violence. I had my lowest of lows, the kind of lows where you just want to jump off the narrows bridge so it will all end, but you have to remember it would only end for you. Your loved ones would still have to deal with it. Sadly, we have lost some previous Fred Meyer employees to suicide over the years.

Everything gets evaluated when you lose your job. I had made the mistake of letting my job define who I was over time instead of using my free time (such as it was) differently and the monies from the job differently to define what I do and who I am. I had a family. I was busy. I raised my daughter alone without her biological mother for a time until I remarried and life just happened. But this condition kind of developed on its own though, over time, as it happens with many other busy Fred Meyer employees as they try to carve a life outside of Fred Meyer which is very hard. Fred Meyer does not support a true work life balance, though their public relations message will claim they do. They want you at work all the time, “For the needs of the business” they’ll say and then schedule some employees to close the store and then be back a few hours later to open. They will use you up entirely, taking your health, your family time and a marriage or two until you get fed up, quit or get fired.

I did things to try and stay positive during my unemployment. I investigated the facts concerning my termination. I worked on my grievance. I was very motivated to move forward. I exercised a lot. I tried to eat healthier, so I cooked new things, even on a reduced budget, which was easier when you have no money for food. I read. I visited friends. I looked for reasons to laugh. I leaned on family a lot. I wrote. I developed new hobbies and I learned to fish. I worked on my house, with the materials I had available. I learned to fix and repair things. I traveled and explored. I camped, hiked and climbed mountains in Montana with family. I spent time in nature.

I didn’t have health insurance after losing my job, couldn’t afford the (affordable) Obama care premiums ($5000 deductible and $300 a month). I could have health insurance or have a roof over my head. I went to a Tacoma free clinic a few times. A very humbling experience. I have asthma, a severe case then. I couldn't breathe and I couldn’t sleep. I could pay the $600 for my asthma medicine or I could use my last $500 and remove all the carpets out of my house, which attributed to my asthma I thought and replace the carpets with cheap wood laminate. I did this and my asthma became much more manageable and in the process I started learning some carpentry.

In Winter December 2014 the water line to our house broke, wasn’t covered by the homeowners insurance and $2000 would be needed to fix it, which I didn’t have. We lived paycheck to paycheck. I dug up my driveway alone with a shovel, (the fun days were when the ground was frozen) and a borrowed hand-jack and replaced the entire 75 foot poly-pipe service line by hand and replaced it with PVC piping, repairing the leak and more than halving my water bill. It took me a week, (12-16 hour days), only cost $50 bucks, and it taught me plumbing.

In the Spring I removed part of my old deck that was dry rotting and built a sandbox for my son in its place. I dug up a 17 by 21 section of lawn in our backyard by hand and we now have with my wife's green thumb a fruitful garden back there that has created for us organic, nutritious, food. A chicken coup, my son’s kindergarten’s classes chickens and $7 dollar ducks soon followed. We will have eggs soon and I am learning some gardening.

When my unemployment benefits ended and I still hadn’t found full time work I started getting desperate, I'd tried talking to Daron again, showing him what I'd found in my investigation, but he wasn't helpful. He didn’t care. He said coldly, “do whatever you want.” So I have. He’d stonewall me when we’d make a document request for the grievance or say the documents had been misplaced or couldn’t be located as he did at the unemployment hearing. I saw a side of him I hadn't seen before. He is probably a good poker player. I realized then he had an agenda he had to follow. I was desperate for employment so I started applying for part time work in addition to full time. I had to get employed.

Eventually I found employment, a part time job, a six minute drive from my house. We had to refinance the house to get the skip a month option you get the first month since we were now broke and to make it a month before my first paycheck from when my unemployment ended, but we got refinanced in the nick of time, our payment went down $200 a month with a much lower fixed interest rate, and we made it and never missed a mortgage payment the entire time I was unemployed!

Things are continuing to improve for us. Much has happened and we have gown. My new job is going well. I have not had a bad day yet. The stress of Fred Meyer prepared me well for stressful situations. I will never allow myself to be in a toxic situation again where my labor or myself personally is not valued. I am learning fast on the job and becoming very proficient at what I do. I recently facilitated the largest sale for my department. What I am learning on the job, I have used to upgrade my house. The continued learning will pave the way for the eventual shipyard transition which is my goal. My part time work hours have stabilized some. I can’t get full time hours because of Obama healthcare laws, but I'm usually getting what I need and when I don’t, I aggressively pursue hours in other areas of the store, which teaches me new things. I’m actually working less than I did at FM yet I am paying all my monthly bills each month. I have no debts other than my mortgage. It is an odd occurrence. I have more leisure time now which has been nice during the summer. I am well liked at my job and I’ve made some work friends, but I do miss many of my old FM friends and co-workers a lot. Things will continue to improve for us.

Fred Meyer you put me and my family through Hell, but you didn’t break us and nothing ever will. We will always persevere and for now I am where I am supposed to be and I am glad I do not work for you anymore. I didn’t realize completely how corrupt Fred Meyer has become. Each contract you pay your employees less and less and shift the cost of living for your associates on to government social services like food stamps and welfare, like Walmart does and you are a billion dollar company always touting your growing profits! Your employee turn-over is through the roof, there are always lot of hopeful, new faces in the stores continually, and other positions you can’t even fill. No one wants to get into management anymore. Even the good ethical salaried managers are burned out. Many have stepped down, quit, been fired or died. You lost a lot of good people. Many at the top of management are just trying to stay there, posturing, and living off the efforts of others. No one wants to work for you anymore. Fred G. Meyer would be turning in his grave if he could see how his company has become.

I work only a short distance now from where I previously used to work at the Gig Harbor Fred Meyer. The nice thing about this is I often come into contact with many of the former customers I used to serve at the Gig Harbor Fred Meyer location for the nine years I was at that location. I was at Tacoma Stevens for the previous nine years. When my former customers recognize me at this new job or I recognize them, they ask why I don’t work for Fred Meyer anymore, and I make sure to educate every one of them with a condensed version of what I have shared here. They are always appalled that the conditions for employees have gotten this bad. I always remind them they can do something constructive about it. Send the corporate office an email and shop somewhere else.

Fred Meyer you used to give your employees time and half on Sundays. Then it was time and a third and I suspect in this current contract coming up Sundays will be made straight time no bonus. You are a billion dollar company! You have the ability to invest some of your profits in your employees! Employees that are well provided for work harder! The ending grocery scale wage for a 40 hour journey man was $19.45 an hour, a little over $40,000 a year. It takes about 5 years now (only if you are working full-time 40 hours a week, part-time takes forever) to get to that wage once you get on step one of the grocery scale. Employees don’t just want BBQ’s and food at work and certificates as appreciation. They want a livable wage. They want a work life balance. They want to keep their commitments to their children and loved ones instead of their requested time off being denied and being scheduled to work when they had requested that time off. They don’t want to have to get a doctor’s note to take a stress leave because it is the only way they can ensure their vacation time with their families is approved. They want a sincere thank you when a job is done well and to feel genuinely appreciated.

And this is the company you work for or that you shop at. I don’t shop there anymore. I don’t even buy gas there anymore. I won’t support companies that treat their employees the way I was treated and neither should you. If you do shop Fred Meyer ask your favorite cashier, how are things for them personally? How are they being treated? Get the answers, send Fred Meyer an email and then make your decision. I made mine.

Throughout this experience I also sadly found out who my friends were and my friends are. Some stopped talking with me when they found out I probably wasn't coming back and I was no longer a benefit to them. You know who you are. That hurt a lot, but I’m glad I found out who you truly are. I gratefully thank those that stuck around and offered words of support over the year. I’m glad we are able to stay in contact outside of the store. You helped me survive this transition and I hope I have been helpful when you have personally asked me for advice.

Daron Maygra, I wasn’t the employee who took the temperature readings for the day you fired me for. Another employee took the temperature readings that day. (I have included that chart here again) Someone took a completed day’s temp chart that was undated (since our book had been a mess) and put the date on it for the day I was working, so it could appear I falsified the temps for that day and I could be terminated easily. That temp chart went through three other people before it got in your hands.

Len Lundy and Ronald Tate were both scheduled together in addition to me (Three journeymen) for the same time-slot that day, which had never happened before, the day I was suspended, and that schedule with both Len and Ron working with me, had been written BEFORE the alleged temp chart falsification had even occurred. The store was prepared for me to be suspended and fired. This was preplanned.

Justin Lopez the new assistant manager at the time asked me after he started at the store for an EMAIL from me explaining on a timeline on how I did my daily tasks and towards the end he was very adamant that I send it to him, so I did. I didn’t understand why at the time he was asking me for this. I realize now he wanted to know how to run the store in my absence and you know his work history with Fred Meyer and what employee related tasks Jim has used him for in the past with Fred Meyer. Specifically: To remove targeted associates any way possible.

Daron Maygra, you let me down. You would not speculate on the other circumstances I brought up even though they had relevance to the investigation and my innocence. You were blind to what your team around you was doing to fuel their careers, and when I showed you the evidence (which is included here, again) you didn’t have the courage to have made wrong right.

Ronald Tate – I was warned you were shady, as I found out the hard way. Remember when you used to fax the previous store director's, (the one who hired you) 4:00 pm store walks for her, that she'd written hours earlier, to the regional supervisors, with her numbers, so it would appear she was still in the store, when she had left hours ago and left us all in charge alone? Taking that action is falsification of documents. You could have been terminated. Enjoy that MD1 training. You are a tool in every sense. You did what you were asked to do and you benefited from it, for now that is. Remember this, when a tool gets old it gets replaced and your time is soon coming.

I wasn't a perfect employee, but I was good. I had my good days and bad days, and made mistakes just like anyone else. I am very practical and I do not put up with crap. I clean the crap up and fix the problem so it doesn't happen again. Some people didn't always like the way I got things done. I was efficient, worked smart and was there every day rain or shine sick or well. I worked hard, made sacrifices and had my strong suits that served this company well over my 18 years and this was my experience.

I was quiet this last year on social media about this experience as I did not want to negatively affect the grievance procedure. Since that is over, I will no longer be silent about this experience and Fred Meyer. There is much more to say. There will be more to come on this and I will begin uploading more documents.

This is a public Post. Share it. Leave a comment about your Fred Meyer experience good or bad.

The Documents....




























Unemployment Hearing with Fred Meyer part 2....

https://www.youtube.com/watch?v=Xrmqg3rWB1M&feature=youtu.be

https://www.facebook.com/rdannells/videos/10204739663113968/?pnref=story

Audio hearing September 23rd 2014 transcripts:

Judge: Good morning this is Judge David Turplstein. I'll be conducting the hearing today. I have just turned on the digital recorder. The digital recorder serves as the record of today’s hearing in case there is an appeal. The hearing notice states the purpose of the hearing is the issues to be considered the issues today are: whether the claimant is available for work, whether he was discharged for misconduct or not. We'll get started shortly. We'll make an introductory statement, swear in the witnesses, and go through the documents, then Mr. Dannells I’ll ask you some questions about your work for Fred Meyer as well and the things you have been doing to look for work since your job ended, then you'll be subject to cross examination by the employer representative and then it will be the employers’ opportunity to present its case as to why the job ended. The employers witnesses will provide their testimony, then they'll be subject to cross examination, once the employer has completed its presentation, Mr. Dannells will be able to provide his testimony as to why his job ended, he'll then be subject to cross examination once all the testimony is completed. Both sides will be able to make a closing argument and that will conclude our hearing today. Mr. Dannells any procedural questions? before we begin?

Rue: Ah, no I’m familiar with the procedure. Judge: Thank you. Miss Pascaletto, Any procedural questions before we begin? Amy P: No thank you. Judge: Thank you. The hearing is in Spokane Washington. Today’s date is September 23rd 2014. The hearing is being conducted by judge David Turplestein in the state of Washington, in the matter of Ruhullah Dannells. The docket number is 09201400081. On the 30th of July2014, the employment security dept sent a notice to both sides. The decision ruled that Mr. Dannells was not discharged for misconduct and he was permitted benefits. Mr. Dannells, I mean the employer filed a timely appeal on august 29th 2014. Present at the hearing today is the claimant Ruhullah Dannells as well as the former employer, Fred Meyer represented by Amy Pascalletto with witnesses Daron Maygra, Ronnie Tate, and Henry Rollins. At this time I would like the witnesses to raise their right hands to be sworn in, so Mr. Dannells, Maygra, Mr. Tate, Mr. Rollins, raise your right hands, do swear and affirm the testimony you are about to provide will be the truth Mr. Dannells? Rue: I do. Judge: Mr. Maygra? Daron: I do. Judge: Mr. Tate? Ronny: I do. Judge: and Mr. Rollins? Henry: I do.

Judge: Mr. Dannells if you could please state your name for the record. Rue: um, Ruhullah Dannells. My address is 11319 Cooper ave sw Port Orchard, WA. 98367. Judge: Thank you. Mr. Maygra could you please state your name, business address, and position with the company please. Daron: Yes my name is Daron Maygra. Our address here is 5500 Olympic ave nw Gig harbor Washington 98335. I am the store director. Judge: Mr. Tate can you do the same please. Ronnie: Yes, um, my name is Ronald Tate. I am uh, currently employed at ah, Fred Meyer gig harbor Olympic drive nw gig harbor WA. 98335. My position at Fred Meyer is a grocery clerk with pic responsibilities. Judge: What is PIC responsibilities? Ronnie: ah means that ah, I, um, part time and that I back up the PIC and manager on duty when they are are out of the store. Judge: I see. PIC means person in charge? Ronnie: Yes. Judge: Mr. Rollins if you could please state your name and position. Henry interrupts: My name is Henry Rollins. Judge: Go ahead. Henry: Our address is 5500 Olympic drive nw Gig harbor 98335. I am the loss prevention manager. Judge: I'm sorry what was that? Henry: I am the loss prevention manager. Judge: All right thank you. (long pause) Judge: There were a number of exhibits and actually a large number of exhibits submitted and they are marked in the bottom right hand corner of each page. There was a large number sent last week by Mr. Dannells and miss Pascalletto did you receive those?

Amy P: Yes. Judge: alright. I will identify the exhibits. Take any objections to them. The first set is the set from the office of administrative hearings. The original hearing packet exhibits 1-5 are the notice of determination. Pages 6 and 7 is the notice of appeal. Page 8 is the appeal, followed by the employer. Page 9 is a letter from Mr. Dannells. Page 13 is a faxed cover sheet. Page 14 is the employer's response form. Page 16 is a letter from the employer representative company. Page 17,18 are emails. Page 19 is a faxed cover sheet. 20 is a like a statement from Mr. Rollins. Page 21 is a statement from... I don’t know I can’t read the signature. Page 22 is an email from Lenard Lundy. Page 23 is a temperature sheet for the refrigerated cases. (Pages) 24, 25, 26, through 30 are all temperature, are supposed to be temperature logs, some of them are like, I’m looking at exhibits 28, 27, 29, 30 are almost completely illegible. I can’t read them at all. They are terrible copies. Page 31 is an email from Mr. Tate. Page 32 is a suspension notice. Page 33 is a like instructions on how to take a picture with an iPod. Page 34 is the same. As is page 35. But they are very poor copies, very difficult to read what’s in here. There are instructions on how to take a picture with an iPod and then in between that there are notes or ah statements from Mr. Dannells. Same with page 36. Page 37 is more letters from Mr. Dannells. Page 38 is another hand written note. The penmanship is very poor. It is difficult to read. Page is 40 is another email from Mr. Tate. Page 41, 42, 43, 44, temperature logs. (page) 45 temperature log that is completely illegible. It's a picture of the temperature log on a clipboard and it’s completely illegible. (Page) 46, 47, 48, more temperature logs, as is page 49. Mr. Dannells any objections to exhibits 1 through 49? Rue: Ah, just the pages that I can’t see. I've got the same copies you can. And I can’t read what's on them.

Judge: Alright. Thank you Mr. Dannells. I'll ah, I agree that some of them are illegible, but it’s in the interest of judicial economy I’m not going to pick those out. They are just poor copies, whatever we can make from them during the course of the hearing. Rue: Understood. Judge: Miss Pascalletto any objections to exhibits 1-49? Amy P: No. thank you. Judge: Thank you. I'll exhibit 1-49 to the record. Then we move to the first subset of exhibits here. This is from Mr. Dannells, and the first page is a cover sheet. I’m not going to include that as an exhibit, it's really not helpful. Page there, which has been marked as page 52 is a witness statement, which is already an exhibit, so I am not going to include that. There is notes by Mr. Dannells at the bottom, but he can testify as to what he wants to explain or cross examine that note. Same with exhibits. The next 3 pages that are Mr. Lundy’s statement and then more responses to that statement from Mr. Dannells and that goes to page 55. I am not going to admit that. Mr. Dannells can provide his testimony on those things. Page 56 is more temperature logs, with Mr. Dannells, some of them have Mr. Dannells, explanations or responses written on them. I don’t think that is appropriate for an exhibit I am not going to admit any of those. Then we get down to what is marked as page 63 which is more explanations or notations from Mr. Dannells. I am not going to admit any of that. A person cannot write on an exhibit their explanation of the exhibit. They can testify as to what they want to about the exhibit but marking the exhibit makes it not an exhibit, that’s useful for this proceeding. Ah we get down to page 67 which is a performance evaluation and that goes to page 70 any objections Mr. Dannells to exhibits 67 - 70?

Rue: I don't have any objections. Judge: Alright. And miss pascalletto? Amy P: No. thank you. Judge: I will admit 67-70 into the record for today's hearing and the next set here is marked page 73 and actually starts on page 72 and is another performance evaluation, for um Mr. Dannells, um and that goes down to page 75 and then there is an email titled "Thursdays Close" from Mr. Dannells to a number of people at the store. Mr. Tate and Mr. Maygra and then another email says Friday's close and those are pages 76-77. Any objections to exhibits 72-77 Mr. Dannells? Rue: No. Judge: Thank you and ms Pascalletto? Amy P: um No. Thank you. Judge: Thank you. I'll admit exhibits 72-77 into the record for today’s hearing. The next set sent in by Mr. Dannells, um is another series of emails regarding “Fridays close” and goes all the way to “Saturdays close” and “Sundays close”, “refrigeration alarm”, “Mondays close,” “Wednesdays close.” They are all emails. Pages 7, another email regarding closing and that continues on to page 8 and 9 and 10 are more emails in regards to closing the store, and those go on to page 92, and they begin at page 79. Then we have more temperature logs. These do not have notes on them from Mr. Dannells. They go to pages 97. Any objections Mr. Dannells to exhibits 79-97? Rue: No. Judge: Thank you. And miss pascalletto? Amy P: I don’t have those documents. I don’t have the emails or the temperature logs with the notes on them. Judge: Did you send those Mr. Dannells?

Rue: Ah I do. and I do have the confirmation sheet to prove that I did. Judge: What is the confirmation sheet. Rue: Ah the fax notification that said that the fax was successful to the numbers that I sent it too. judge: That doesn't mean it was received. When did you send it? Rue: Um, on, I sent them at the work source office I sent them to um all the numbers that were listed on the hearing page and I actually had to get look up numbers, um, to get them to, ah, Fred Meyers, but I sent them to a Cammie long, the unemployment consultant for Fred Meyer and it says the status on them was ok, that they were received. Judge: So miss Pascalletto, You didn't receive those exhibits? Amy P: No I didn't. And I don’t know who Cammie long is. Judge: I am not going to admit exhibits what was now 79-109. There is no evidence here that the employer received them. They are temperature logs. Almost all of them are temperature logs or emails. If during the course of the hearing we need to discuss them in further detail Mr. Dannells you can renew your motion to admit these and I'll consider it again at that time, but for the purposes of beginning this hearing I’m not going to admit them and if we need to leave the record open to submit documents if the court feels it's necessary, so for the record exhibits 1-49, 67-70 72-77 have been admitted for today’s hearing. With that Mr. Dannells when did you start working for Fred Meyer?

Rue: I, uh, started working at Fred Meyer uh in April 19th 1996. Judge: When did your job end? Rue: It ended July 15th, 2014. judge: What was your job? Rue: Um for the last 12 years I have been the closing food PIC 40 hours a week. judge: How much were you paid? Rue: Um journeyman wages. $19.45 an hour plus PIC pay which is an extra .50 cents. Judge: So $19.95 an hour? Rue: Correct. Judge: And you said journeyman wages. Are you in a union? Rue: I am. Judge: What union are you in? Rue: Ah the local 367 food union. Judge: So what is the union? Is it the united food and commercial workers union? Rue: Correct. Judge: And you said what local? Rue: Local 367. Judge: And where was the store located that you worked at? Just the city and state. Rue: Ah, Gig Harbor, Washington. Judge: Since your job ended Mr. Dannells have you been looking for other work? Rue: I have. Judge: What types of jobs have you been looking for? Rue: I applied at all the grocery stores. Um, I applied at the ship yard. Um and I applied through work source and government jobs. Judge: How many employers each week do you contact? Rue: Ah at least 3, sometimes up to 5-6. Judge: Do you keep a record of the employers that you contact? Rue: Oh yes. Judge: Have you had any obligations or responsibilities that would prevent you from accepting full time work if it was offered to you? Rue: I have not. Judge: Have there been any days or weeks where you have been unable or unwilling to work? Rue: No. Judge: Do you have transportation to jobs or job interviews? Rue: I do. Judge: Have you attended school at all during the time you applied for unemployment benefits? Rue: No. Ah, just work source classes. Judge: Thank you Mr. Dannells. miss Pascalletto, Any questions for Mr. Dannells? Amy P: No thank you. Judge: Thank you very much. And miss Pascalletto, this is your opportunity to present the employers case as to why the job ended. Amy P: Ok, Mr. Maygra are you there? Daron: Yeah, I am here. Amy P: ok. Can you tell us, what is your position? Daron: I am the store director. Amy P: Alright and how long have you held that position? Daron: Since May of 2013. Amy P: Alright, and did Mr. Dannells work for you? Daron: Yes, he did. Amy P: Ok, can you tell us what was his hire date? Daron: His hire date was April 19th, 1996. Judge: And miss Pascalletto and Mr. Maygra if it's different then what Mr. Dannells testified to please correct it, if not, please don’t go through it. Amy P: Ok. Judge: Thank you. Amy P: Mr. Maygra is it different than what Mr. Dannells stated? Judge: Miss Pascalletto, if you know it to be different then please correct the record, but otherwise the testi.. it's asked and answered. We don’t need to repeat the same line of testimony. Amy P: Alright. Thank you. Mr. Maygra can tell me was the claimant discharged? Daron: Yes, he was. Amy P: Ok and did you do the discharge? Daron: I did. Amy P: Alright, and can you tell us the reason for the discharge? Daron: It fell under the falsification of company records. Amy P: Ok and was there a final incident that lead to discharge? Daron: Um (unintelligible, mumbling) ... required of the temp checks being falsified and when we did the investigation that's what he was ultimately termed for was falsification.

Amy P: Ok and tell us when did this occur? Daron: Ah days in question are originally on the 30th from the date of 29th and then ah... Judge interrupts: Mr. Maygra the 29th and 30th of when? Daron: I’m sorry, sorry, June. I apologize. Judge: 2014th? Daron: Yes. Judge: Thank you. Amy P: Ok. What happened? Daron: (unintelligible. time stamp: 18:33) ... then I um got with my LP. My LP did a COUPLE (Henry, only did ONE as stated by Henry’s testimony and he only shadowed for 3 ½ hours) of over night shifts or worked, the you know, same shifts as Rue did, to determine whether this was a fact or not, and um when we got the video footage on camera that showed that the temps were not being completed (see foot note), then we made contact with the main office where we told all the information we have found, and at that point, they told me that we are to terminate Mr. Dannells. Amy P: Ok can you tell us, what did you actually um witness? Daron: Ah, um, Rue was, you know, every (unintelligible. time stamp: 19:16) ...you know of his shifts, and so (unintelligible:) that fact that Rue was not walking the departments and doing the temp checks which you have to manually do, even if you are going into the service departments at the times, which are supposed to be done, which are 4:00, 8:00, and midnight. Ah we had a visual on the clipboard, which held the temp checks, along with the temp gun, at the temps, ah that stayed on the wall, for the duration of the evening, until um later in the evening, around 11 o clock, when Rue would take the temp check inside an office where there are no camera's, be in there for a period of time, come back out and then that's when the temp checks were completed that time. Amy P: And when should the temp logs be completed? Daron: We do them every 4 hours for the refrigerated cases, which start in the night at 4:00 am, 8:00 am, noon, 4:00 pm, 8 pm, and then again at midnight. He, ah the frozen cases are done at 8:00 in the morning and evening.
Amy P: Alright and what was the claimant doing that he was not supposed too? Daron: What was he not doing? Amy P: Yes. Daron: He wasn't visually inspecting the cases with our thermometer gun and ensuring that we were within temp. Ah he was completing other tasks throughout the evening. Amy P: Ok and how did you know this? Daron: Ah again my Loss prevention manager was working side by side with him, not knowing that, but he was watching him on camera and being in the store during his shift and ah ensured that the cameras that we have on the departments, whether he was going in or not, to, to, actually manually take the temps, and when Rue was not seen going into those departments and the clipboard was not being taken from the wall, which you need to take the temp gun, chart and remove it from the wall for the evening, it’s not possible to take the temp check. Amy P: Alright. And did you talk to the claimant about this? Daron: Yes I did. Amy P: when did you talk to him? Daron: Ah, um, I believe our first meeting on it was the 12th, sorry July 12th, 2014. Amy P: Ok and what happened at that meeting? Daron: Um, it was brought to the attention, to my attention that the temp checks were not being completed in the evening. And, ah, I asked Rue if that was the case or not and rue said that he HAD been taking the temps. (I said, I was ensuring the temps got completed, implying that it wasn’t always done by me, but other associates as well.) And, ah, um, and we went through that conversation and ultimately with the testimony from one of our associates that he wasn't doing the temps in the evening. And with my loss prevention's camera we determined that that was correct. Amy P: Ok. And did the claimant ever give you a reason why these temperatures weren't being taken, like they were supposed to?

Daron: Um he said that he had done them and he was being framed. (I didn’t say I was being framed. I said I didn’t understand the phone photo with the time stamp. I said it didn’t make sense and Daron suggested I had been framed to which I answered I don’t know) Amy P: Ok. And why is it so important that these temperature logs be taken? Daron: Um, for the business, so we can ensure that are cold stuff, stays cold and we don’t break that cold chain management. Um we have been fortunate as a company at our location, we've never had incidents um, where people get sick. It happens where sometimes people die because stuff is not properly maintained, temperature-wise so to ensure that doesn't happen, we need to put such employees ensure that we're keeping that refrigeration throughout, you know, when the product comes in, to the time it goes home with the customer, um, that's why it is so important we do these every four hours. Amy P: And does the claimant know that this is what had to be done. Daron: Yes, he did know that. He stated in his document that I have here, that it is the easiest way to get fired and he understands that temps need to get done. And um, you know, falsifying is an easy way to get fired. Amy P: Alright and did you ever have a conversation with the claimant about the temp logs? Daron: Ah we spoke about it um, I don’t know the exact date, but it was probably six months prior to this. I had noticed that the temp logs were not being completed at all in the evenings, (Daron Doesn’t’ work evenings) so we had conversation with the PIC's, the people in charge in the night time, (I was not privy to this conversation. It was held in the morning when I wasn’t there. Len told me about this conversation some), hey this is important and we need to ensure that these things are being completed every four hours. And every 8 hours depending on whether it is refrigeration or frozen. Um, from that point going forward, I would audit them and we'd completed them successful and I wasn't concerned until this information was brought to me. (The logs were NOT being audited. The copies I have and faxed over proved that temps weren’t being done correctly were still an issue).

Judge: From who? Daron: Oh, from oh, Mr. Tate. Judge: What did he say in the email? Daron: Um, he said, that he had ah, um, noticed that the temp checks throughout the evening, he would walk by, he wasn't the person in charge at night and he noticed that often the temp logs that they weren't being completed and he had seen Mr. Dannells pick up the clipboard and go into the price changing room in the 11 'o clock hour and would be in there awhile and when he'd come back out they were all filled out. Judge: All right. Any other.. Next question Miss Pascalletto? Amy P: Yes, you stated the reason for discharge was for falsification. What is your policy for falsification? Daron: It's an automatic termination. Amy P: Thank you. I don't have any other questions. Judge: Thank you Miss Pascalletto. Mr. Dannells any questions for Mr. Maygra? Rue: I do. When did um, Ronnie Tate send that email to Daron that there was a problem with the temp logs? Daron: June 30th, 2014. Rue: It's not included in here. Judge: Is that a question or a statement Mr. Dannells? Rue: It's a question because it's not included in this packet of information. I do have a note from Ron Tate on ah, looks like page 40, but it's dated the 12th of (July) which was during my suspension, that there was a problem with the temp logs, not PRIOR to my suspension. Judge: So the question is Mr. Maygra is the email from June 30th included here in the (unintelligible, time stamp 26:43) discovery? Daron: I, I, don't see it in here either. Judge: Alright. Next question Mr. Dannells. Daron Interrupts: We have documentation when we did the over nights with him (The “over-night” was 3 ½ hours from 3:00 – 6:00 pm), that is dated before the 12th, but I don't see the one from Ronnie on the 30th (of June). Judge: Next question Mr. Dannells.
Rue: Ah that's it. I'd like to get that email if that is possible. Judge: No, I don't see how that is possible now to get it ah. Rue interrupts: ok. Judge: I think the testimony is complete about what was sent and when and that is sufficient for this hearing. Anything else Mr. Dannells, any other questions for Mr. Maygra? Rue: Ah no sir. Judge: Thank you very much. Miss Pascalletto your next witness. Amy P: Alright. I'd like to call Mr. Tate. Mr. Tate are you there? Ronnie: Yes sir, er, Yes, maam. Sorry. Terribly sorry. Amy P: Alright. Ok. Mr. Tate, did you sometime notify Mr. Maygra regarding the claimant and the temp logs? Ronnie: Yes I did. Amy P: When did that occur? Ronnie: Ah, it was at right at ah, the end of June 2014. Ah, It was either the 29th or the 30th. Amy P: Ok. And why did you ah contact Mr. Maygra? Ronnie: I was concerned um, just as he basically stated, I mean to ah, take the issue, it's a health concern. I um, had noticed that ah, um, that the the night in question, it was the 29th of June 2014, I noticed that at 9:00 or 9:15 that the 4:00 pm and 8:00 pm temps had not been completed. And then I came back by at about probably 10:45 - 11:15 and noticed that um those had been completed, so I uh was concerned. That was a concern because you can only do them at the time, there'd be no reason why they'd be filled out after the fact because you have to have the temp gun and you have to use the clip board. It didn't make a lot of sense. Amy P: Ok and was there a reason why you were looking up those temp logs at that time?

Ronnie: (unintelligible. time stamp 29:13)... It hangs on the back wall on the stock room. Um, right where we plug in the forklift and you go in an out that back door all the time, so when I am walking by that wall, I was just kind of one of those things, where you look at the paperwork that is hanging, what we have, the reports, the other reports around there, that need to be done and completed in a timely manner, so I just happened to see that um, around 9:00 that those two hadn't been done and then when I came back by. It was just odd that they were filled back out. It was just happenstance that I noticed it, honestly. Amy P: Alright and so on that day you contacted Mr. Maygra. Is that correct? Ronnie: The next day I did, yes. Amy P: Ok and um, was there anything else that you had noticed at that time? Ronnie: There was uh, around that same time uh, I had noticed him uh, I don't know the exact date, I apologize, but it was towards the end of June, I had noticed at the end of the night he had taken the temp clipboard off the wall. I didn't know why and then he was in the side office with it, and then when he brought it back out, he hung it up and it was filled out. Uh, It was another disconcerting because there is no reason to take that clipboard into the side office and he wouldn't be doing anything with it, there aren't any notes to put on it,(There were: My handwritten notes for the day) it’s just you fill the temps out, then you go to the department. Amy P: Alright. Thank you very much. I don't have any other questions. Judge: Thank you Miss Pascalletto. Mr. Dannells any questions for Mr. Tate? Rue: I don't have any questions for Mr. Tate. Judge: Thank you Mr. Dannells. Miss Pascalletto your next witness. Amy P: Yes. I'd like to call Mr. Rollins. Judge: OK. Amy P: Hi Mr. Rollins can you please tell me um, did Mr. Maygra contact you around June 30th, 2014. Henry: Yes, he did. Amy P: What did he contact you about?

Henry: He actually contacted me, asking me if ah, I could watch Rue for falsifying the temp checks. Amy P: Ok and can you tell me what you did in that investigation? Henry: Yes, I ah worked ONE shift, along with him, in my CAMERA ROOM. Um, about 4:00 pm when he was supposed to be doing the 4:00 pm temp checks, he was actually on top of the, the, what'd ya call it? Someone interrupts: Top bar. Henry Continues: The top bar cutting the lids off of boxes, absolutely not doing temp checks at all. When I came in the next day, I taped on where I had put the camera right on where the clip board is and right where the temp gun is, and not once being moved until later on that night. Since the clipboard was moved. It was moved into the office. He came back out, put it back on and it was filled out. Amy P: So what day was this? Henry: I don't remember what day it was right now. (Very Long Pause) Amy P: Ok and did you witness... Judge interrupts: The question wasn't answered. You asked what date it was Mr. Rollins, what date was that, that you had the camera there that observed the clipboard and the gun not being moved? Henry: I believe it was the 3rd. Um, I don't remember now off the top of my head right now. Judge: So on the July 3rd, the camera showed the temperature gun and the clipboard not being moved at all? Henry: Yeah, until later on that night. Judge: Well when? Henry: It was the 5th of 2014. Judge: And when were the gun, temperature gun and clipboard moved?

Henry: It would have been moved each time at 4:00 o' clock, 8:00 o' clock that night, um but it didn't. The clipboard didn't move at all until it was probably 10:30 that night, and the temp gun didn’t move at all during the day. Judge: So only the clipboard was moved at 10:30? Henry: Yes. It was brought into a side office. Judge: The gun was not moved at all, all day? Henry: No. Not all day, during his shift. Judge: Alright. Thank you. Next question Miss Pascalletto. Amy P: I don't have any questions. Judge: Alright. Thank you very much, and so on the day Mr. Rollins that you watched him on the camera how long did you watch him? Henry: I watched him all the way until 6:00 o' clock. Judge: and when did you start? Henry interrupts: And then when I came in the next morning I reviewed the video. Judge: So when did you start watching him? Henry: I started watching him at the beginning of his shift at 3:00 o' clock. Judge: And, what day was that? Henry: That was the 5th. Judge: Ok. so then at 4:00 o' clock you didn't see him doing the temperature scans. Henry: No. I waited around until 6:00 o' clock because he hadn't, you could do it, at a half hour before or a half hour after, but it was never done. Period. Judge: Ok. Alright. Thank you very much Mr. Rollins. Mr. Dannells any questions for Mr. Rollins? Rue: I don't have any questions. Judge: Ok. Thank you very much. Miss Pascalletto anything else you want floored? Amy P: No. Judge: Thank you. Mr. Dannells it is your opportunity to present your evidence. Please go ahead.

Rue: Ok. Concerning the temp charts, I am not the only one who takes temperature readings. Ah, even if it’s my own shift. Ah, James Wofford takes temps, Ron Tate would take temps. Len Lundy would take temps. There might be 3, 4, 5 (different) signatures for that entire day. Just because a temperature was missing at 4:00 o' clock from me, it doesn't mean that I didn't do it. It depends on who had been delegated to do temps that day or who saw that the temps should have been done. Judge: If the gun wasn't being moved, Mr. Dannells how is the temperature being taken? Rue: There is also a secondary temperature gun, upstairs in the manager's office in the top drawer. It's yellow, er it's red. The red one is on the wall and the yellow one is upstairs. Judge: ok. Alright. Please continue. Rue: I'm sorry, I didn't hear the last comment. Judge: Please continue. Rue: Ok. I um had a review in April with Andy Morehouse. Um, where he had told me during my review that I had been in the position for too long, and that I needed to move up or move on, or my position would be taken from me. I brought this information up to Daron during my suspension and Daron said he would not speculate on those circumstances. Judge: Alright. Rue: I've got some more information; I am just getting to it. Judge: ok. Rue: The two notes of supposedly supporting documentation that Len Lundy and Ron Tate um, both wrote to Daron were not given to him PRIOR to the alleged falsification, they were both written DURING my suspension. Possibly as supporting documentation that Daron requested, um, but I don't have anything prior to this that says, hey there is was an issue (with the temp logs).

1. The location for the temp chart clip board is on the communications board of the hallway near the price changing room, and that hallway gets a lot of traffic. It services the produce department and the access to the main freezer, and U-boats. Frozen and freight pallet deliveries use that hallway often. Oftentimes during the deliveries pallets moved down this hallway would brush up next to the communications board knocking over the clipboards and the stores printed off documents off from this (communication) board. The fallen documents did not always make it back to the clipboard or to the wall.
2. Um, We received either a frozen or produce load almost every day between the hours of 12:00 am – and 4:00 am, after I had placed the temp chart clipboard back on the wall for the evening. This would account for some of the missing logs if they had been knocked off the board.
3. Prior to Kathy Mostrom’s direction to Denise that Denise be in charge of putting the previous days temp charts in the binder, temp charts were left on the temp chart board. I do not know who put them in the binder before that, but assume it was one of the morning mangers.
4. As Len’s email said Len was the ONLY person putting his temp logs into the temp log binder HIMSELF most of the time, ensuring that his logs were there, so that is why most of Len’s logs were in the temp log binder, but some of mine might have been missing. I didn’t put my logs into the binder each night because I had never been given the direction to do so, so I left them on the clipboard each night.
5. The current temp chart binder is very unorganized and it had problems. It was only organized and checked for compliance when we had knowledge that the temp logs binders were going to be audited soon for compliance by the health dept. Jim Jackson the zone 5 food regional would send an email to stores as a reminder when health department visits were expected, stating in his email – “Ensure your temp logs are 100%.” So this implies that it was common knowledge among many stores that temp chart binders had problems.
6. When checking the book for compliance, oftentimes there would be time slots missing, initials not given, dates missing, or the temp logs not dated at all. If in the date sequences: July 4,5,6,7 and 6 was missing and two undated temps charts were found elsewhere in the binder, these temp charts would be dated with the missing date, regardless of whether or not it was the correct chart for that day.
7. If a temp window time was missed by me because of me being pulled away by another responsibility: (customer service, cashiering, or whatever, etc.) I either did the temp as normal and recorded the actual time I did the temp or wrote the actual time down, or I would get another employee to do the temps for me. Ah, If to much time had elapsed I would leave the temping window empty. I wasn't worried about getting in trouble for that because we would get busy, stuff would happen. I didn’t fill in the temps if missed and I have a temp chart from May 31st, which is my watch, page 65 where the 4:00 pm window was left blank as proof of this.

Rue: I need just a second. Judge: Go ahead. Rue: Um, If Ronnie saw me in the price changing room with the clipboard writing I would have either been writing notes on the temp chart clipboard, crossing off tasks completed or reading my notes. If it was during the 10:00 pm hour I could have also been writing the email draft for my close note, which I included in the fax packet, that I sent for the morning mangers. I go into the price changing room because it is quiet. Um, that is pretty much everything I have.

Judge: Ok. Thank you very much Mr. Dannells. Miss Pascalletto, any questions for uh Mr. Dannells? Amy P: Yes, I have a couple questions. Judge: Ok, go ahead. Amy P: Ok. Mr. Dannells um, during your shift are you to check the temp logs to make sure they are completed at each hour specified? Rue: Ah, I don't think so. I've never been said to me, to make sure that the temp charts are done each hour, they are done every four hours, and they would usually be done, like at the 4:00 o' clock one, we would usually get done about 4:45 somewhere in there depending on how things go, because that is our prime time hour when we are up front cashiering or in position A. If I had an associate working that day who had been trained in taking the temperatures, like James Wofford, I would call him from the check stand and say James, hey get the temps for me I'm busy right now and he would, and I have temp charts to support that. Amy P: Alright and if they are not completed are you supposed to complete them?

Rue: Um, If it hadn't been completed and too much time had elapsed, then I would leave that temp window empty. You can't go in and fill in the temps after the fact. Um, you can write on the top, You know If it is 4:45, or 4:30, or you'd write that down, but you want to try and get to the temping window as (close as) possible. Uh, an example being that I ah leave at midnight, but there is a Midnight temp, so I do that temp at 11:30, because it takes about 10-15 minutes till I get done at 11:45 I look at my draft close note, look it over and then send it to the morning manager and then leave on time at midnight.

Amy P: Ok and ultimately is it your responsibility to make sure that the temp logs are filled out? Rue: ah, I would say yes, ultimately it is my responsibility though no one has ever come up to me and said there is a problem with the logs or anything like that until this. Amy P: Ok, and are you ever allowed to complete all the temperature logs at the end of your shift? Rue: Um, no I am not. You have to do it as close to the temping window as possible. Amy P: Ok. Thank you. I don't have any other questions.

Judge: Ok. Thank you very much. Mr. Dannells, anything else? Rue: Um, No I don't think so. Judge: Alright, Thank you very much. Miss Pascalletto any closing arguments for the employer? Amy P: Um, I just have a couple of redirect questions. Judge: Ok, for who? Amy P: For Mr. Maygra. Judge: Alright, Go ahead. Amy P: Ok, Mr. Maygra, Are you there? Daron: Yes. Amy P: Alright, um you heard the claimant's testimony, he said that there could be up to 4 or 5 people that could be taking temps on his shift. Is that correct? Daron: Ah Not exactly, I mean usually it went like this, he would have maybe 2 sometimes, 3 associates working with him, and up to 2 or 3 if they were all trained to do temp checks. Um, can I elaborate on this? Amy P: Yes. Daron: Um, awhile ago Mr. Dannells said was that um, you had talking about the missing temps and this isn't really about the missing temps, it's about the temps that were falsified, um the ones in question all have Mr. Dannells's signature on there or his initials, it doesn't have Mr. James Wofford's, which he would do earlier or another person that may have possibly assigned the task. Amy P: Alright, and he also stated that there was a temperature gun, that was located in the office upstairs. Do you know anything about this? Daron: Ah at times we do have spare guns. We do not have one as of right now. I can't say for sure if there was one at that time, but as Mr. Rollins testified to you earlier, during that window, that we we have a half hour on each side of the window, so it a temp is do at 4:00 o' clock, um any time between 3:30 and 4:30 is acceptable to negotiate that because of the needs of the business, um, but during that 3:30 - 4:30 Rue was witnessed on the top bar and in the store doing other tasks, not ever going into the office to get a temp gun or going to the back to get one off of the wall. And I don't know that there was one in the office, ah like I said they kind of come and go, sometimes they are misplaced, broken, um and we are speaking 3 months back, so I'm not sure whether that one was there or not.

Amy P: Alright. Thank you. I don't have any other questions. Judge: Thank you miss Pascalletto. Mr. Dannells any questions for Mr. Maygra on his redirect? Rue: um, just a little bit, with concerning the temps, the freight crew PIC does the 4:00 am, Denise would usually do the 8:00 or the 12:00 and then in the evening ah, there could be um myself might do one, or James, or Len or Ronnie, depending on who is the mid-shift's are so um there, there is more than just 3 people that are able to do those temps. Judge: Do you have a question Mr. Dannells for Mr. Maygra? Rue: I don't. Judge: Alright. Thank you very much. Miss Pascalletto any closing argument? Amy P: Yes, your honor. Judge: Go ahead. Amy P: um just this, that we'd like you to take this into consideration: It is the employer's position that the claimant was discharged for falsification of the temp logs, as the employer stated this is an important duty, um for the employer because they check these temp logs and they have to make sure that these temperatures of meats and frozen food are at the right temperatures so it doesn't affect the safety of the public. Um, we ask that you take that into consideration and also in this case here um, the claimant is stating that you know that there could be possibilities that other people could be taking temps and stuff, but were not actually talking about missing temps or that other people are taking these temperatures. What the employer is stating is that the claimant had written off these temperatures at all at closing time at 11:00 pm, with his signature as the employer stated we have two witnesses that both state, one stated that he saw missing temperatures and then he saw that they appeared at the end of the shift and then we had another employer witness that is stating that he watched the claimant and he saw that the claimant was doing other duties, when he was supposed to be taking these temperatures logs and that he had stated that he had taken, so we ask that you take that into consideration when you are making your decision. Judge: Thank you Miss Pascalletto. Mr. Dannells any closing argument?

Rue: um I do. if you'll look at the logs that were sent over by the unemployment office that Fred Meyer sent and I don't know if they have been admitted, some of the ones that I sent um you can see that there are inconsistencies through out all the logs, where you're either missing signatures or you’re um, missing the actual whole temping time. There are some charts where the 4:00 and noon temps are missing completely, um management knew that there were issues with the temp charts, um, but they have chosen to um, discipline me for it, when I was not the one responsible for making sure they made it into the binder. That was Denise I believe. Um, there is a lot of evidence here um, that shows there were problems with the temp charts throughout and that is what I would like you to take into consideration. Judge: Thank you very much Mr. Dannells and Miss Pascalletto as well for your presentations here, and the testimony of Mr. Maygra and Mr. Tate and Mr. Rollins. I will close the record and end the hearing. A written decision will be issued in approximately 5 business days if you agree with the decision there is no need to appeal, if you don't agree with the decision then you may appeal. And the appeal timeline requirements will be found in the written decision you receive, so please read through it carefully. Any other questions? Mr. Dannells or Miss Pascalletto before we end the hearing?

Amy P: No. Thank you. Judge: Thank you. Rue: May I make a closing statement? Judge: Who is that? Rue: Ah, Rue Dannells. Judge: Ah, you already did Mr. Dannells. Rue: Ah, I thought I was adding more information. Judge: I thought you were making a closing argument. I asked you for a closing argument and that is what you gave Mr. Dannells. Rue: May I add another one? Judge: No, the record is closed Mr. Dannells. You've made your Arguments and the court feels the record is complete on all levels here. The additional information here is not necessary, um the court has sufficient information to make a accurate and a correct decision in this case, and so I would like to close the record and that concludes the hearing today. Any questions about the procedure or anything else Mr. Dannells or Miss Pascalletto? Amy P: No thank you. Rue: No thank you. Judge: Thank you all again very much and everyone have a nice day. Amy P: Thank you.

My Hearing Notes 09-23-2014:

• Daron said he received an email from Ron Tate on or about June 30th explaining that there may be an issue with the temp charts and I was involved, but Daron did not include this email in packet of exhibits that was mailed for the hearing. I asked about this supposed email. Daron didn’t know where It was now.
• The extra temp charts that I submitted and faxed over for the unemployment hearing, that Fred Meyer said they did not receive (though I had a successful send fax report) were important because: They proved that there were issues with the entire temp chart taking process and recording of those temps, from many other associates, not just me. Here are some examples:
There are temp charts missing entire temp taking time slots, like all the 4:00 pm temps not taken. See pages 114, 118, 119, 120, 121, 122, 124, 125 missing 2, 126 and 127.
There are temp charts missing the initials of who took the temps. See pages: 116, 117, 118, 121, 125, and 128.
Some of the temp logs are not even dated. How do you know what log is for what day? See pages 128 and 129.
There are temps logs for days that I worked, but someone either did SOME of the temp checks or ALL of the temp checks for the day. See pages: 119, 122 entire day, 123 entire day, 126 entire day, 128 entire day, 129 entire day.
There was no need to falsify temps. We didn’t get in trouble for not doing them.

Unemployment Hearing with Fred Meyer Part 1

https://www.youtube.com/watch?v=4m6o6_ZQH7o&feature=youtu.be

https://www.facebook.com/rdannells/videos/10204739513310223/?pnref=story


Audio hearing September 23rd 2014 transcripts:

Judge: Good morning this is Judge David Turplstein. I'll be conducting the hearing today. I have just turned on the digital recorder. The digital recorder serves as the record of today’s hearing in case there is an appeal. The hearing notice states the purpose of the hearing is the issues to be considered the issues today are: whether the claimant is available for work, whether he was discharged for misconduct or not. We'll get started shortly. We'll make an introductory statement, swear in the witnesses, and go through the documents, then Mr. Dannells I’ll ask you some questions about your work for Fred Meyer as well and the things you have been doing to look for work since your job ended, then you'll be subject to cross examination by the employer representative and then it will be the employers’ opportunity to present its case as to why the job ended. The employers witnesses will provide their testimony, then they'll be subject to cross examination, once the employer has completed its presentation, Mr. Dannells will be able to provide his testimony as to why his job ended, he'll then be subject to cross examination once all the testimony is completed. Both sides will be able to make a closing argument and that will conclude our hearing today. Mr. Dannells any procedural questions? before we begin?

Rue: Ah, no I’m familiar with the procedure. Judge: Thank you. Miss Pascaletto, Any procedural questions before we begin? Amy P: No thank you. Judge: Thank you. The hearing is in Spokane Washington. Today’s date is September 23rd 2014. The hearing is being conducted by judge David Turplestein in the state of Washington, in the matter of Ruhullah Dannells. The docket number is 09201400081. On the 30th of July2014, the employment security dept sent a notice to both sides. The decision ruled that Mr. Dannells was not discharged for misconduct and he was permitted benefits. Mr. Dannells, I mean the employer filed a timely appeal on august 29th 2014. Present at the hearing today is the claimant Ruhullah Dannells as well as the former employer, Fred Meyer represented by Amy Pascalletto with witnesses Daron Maygra, Ronnie Tate, and Henry Rollins. At this time I would like the witnesses to raise their right hands to be sworn in, so Mr. Dannells, Maygra, Mr. Tate, Mr. Rollins, raise your right hands, do swear and affirm the testimony you are about to provide will be the truth Mr. Dannells? Rue: I do. Judge: Mr. Maygra? Daron: I do. Judge: Mr. Tate? Ronny: I do. Judge: and Mr. Rollins? Henry: I do.

Judge: Mr. Dannells if you could please state your name for the record. Rue: um, Ruhullah Dannells. My address is 11319 Cooper ave sw Port Orchard, WA. 98367. Judge: Thank you. Mr. Maygra could you please state your name, business address, and position with the company please. Daron: Yes my name is Daron Maygra. Our address here is 5500 Olympic ave nw Gig harbor Washington 98335. I am the store director. Judge: Mr. Tate can you do the same please. Ronnie: Yes, um, my name is Ronald Tate. I am uh, currently employed at ah, Fred Meyer gig harbor Olympic drive nw gig harbor WA. 98335. My position at Fred Meyer is a grocery clerk with pic responsibilities. Judge: What is PIC responsibilities? Ronnie: ah means that ah, I, um, part time and that I back up the PIC and manager on duty when they are are out of the store. Judge: I see. PIC means person in charge? Ronnie: Yes. Judge: Mr. Rollins if you could please state your name and position. Henry interrupts: My name is Henry Rollins. Judge: Go ahead. Henry: Our address is 5500 Olympic drive nw Gig harbor 98335. I am the loss prevention manager. Judge: I'm sorry what was that? Henry: I am the loss prevention manager. Judge: All right thank you. (long pause) Judge: There were a number of exhibits and actually a large number of exhibits submitted and they are marked in the bottom right hand corner of each page. There was a large number sent last week by Mr. Dannells and miss Pascalletto did you receive those?

Amy P: Yes. Judge: alright. I will identify the exhibits. Take any objections to them. The first set is the set from the office of administrative hearings. The original hearing packet exhibits 1-5 are the notice of determination. Pages 6 and 7 is the notice of appeal. Page 8 is the appeal, followed by the employer. Page 9 is a letter from Mr. Dannells. Page 13 is a faxed cover sheet. Page 14 is the employer's response form. Page 16 is a letter from the employer representative company. Page 17,18 are emails. Page 19 is a faxed cover sheet. 20 is a like a statement from Mr. Rollins. Page 21 is a statement from... I don’t know I can’t read the signature. Page 22 is an email from Lenard Lundy. Page 23 is a temperature sheet for the refrigerated cases. (Pages) 24, 25, 26, through 30 are all temperature, are supposed to be temperature logs, some of them are like, I’m looking at exhibits 28, 27, 29, 30 are almost completely illegible. I can’t read them at all. They are terrible copies. Page 31 is an email from Mr. Tate. Page 32 is a suspension notice. Page 33 is a like instructions on how to take a picture with an iPod. Page 34 is the same. As is page 35. But they are very poor copies, very difficult to read what’s in here. There are instructions on how to take a picture with an iPod and then in between that there are notes or ah statements from Mr. Dannells. Same with page 36. Page 37 is more letters from Mr. Dannells. Page 38 is another hand written note. The penmanship is very poor. It is difficult to read. Page is 40 is another email from Mr. Tate. Page 41, 42, 43, 44, temperature logs. (page) 45 temperature log that is completely illegible. It's a picture of the temperature log on a clipboard and it’s completely illegible. (Page) 46, 47, 48, more temperature logs, as is page 49. Mr. Dannells any objections to exhibits 1 through 49? Rue: Ah, just the pages that I can’t see. I've got the same copies you can. And I can’t read what's on them.

Judge: Alright. Thank you Mr. Dannells. I'll ah, I agree that some of them are illegible, but it’s in the interest of judicial economy I’m not going to pick those out. They are just poor copies, whatever we can make from them during the course of the hearing. Rue: Understood. Judge: Miss Pascalletto any objections to exhibits 1-49? Amy P: No. thank you. Judge: Thank you. I'll exhibit 1-49 to the record. Then we move to the first subset of exhibits here. This is from Mr. Dannells, and the first page is a cover sheet. I’m not going to include that as an exhibit, it's really not helpful. Page there, which has been marked as page 52 is a witness statement, which is already an exhibit, so I am not going to include that. There is notes by Mr. Dannells at the bottom, but he can testify as to what he wants to explain or cross examine that note. Same with exhibits. The next 3 pages that are Mr. Lundy’s statement and then more responses to that statement from Mr. Dannells and that goes to page 55. I am not going to admit that. Mr. Dannells can provide his testimony on those things. Page 56 is more temperature logs, with Mr. Dannells, some of them have Mr. Dannells, explanations or responses written on them. I don’t think that is appropriate for an exhibit I am not going to admit any of those. Then we get down to what is marked as page 63 which is more explanations or notations from Mr. Dannells. I am not going to admit any of that. A person cannot write on an exhibit their explanation of the exhibit. They can testify as to what they want to about the exhibit but marking the exhibit makes it not an exhibit, that’s useful for this proceeding. Ah we get down to page 67 which is a performance evaluation and that goes to page 70 any objections Mr. Dannells to exhibits 67 - 70?

Rue: I don't have any objections. Judge: Alright. And miss pascalletto? Amy P: No. thank you. Judge: I will admit 67-70 into the record for today's hearing and the next set here is marked page 73 and actually starts on page 72 and is another performance evaluation, for um Mr. Dannells, um and that goes down to page 75 and then there is an email titled "Thursdays Close" from Mr. Dannells to a number of people at the store. Mr. Tate and Mr. Maygra and then another email says Friday's close and those are pages 76-77. Any objections to exhibits 72-77 Mr. Dannells? Rue: No. Judge: Thank you and ms Pascalletto? Amy P: um No. Thank you. Judge: Thank you. I'll admit exhibits 72-77 into the record for today’s hearing. The next set sent in by Mr. Dannells, um is another series of emails regarding “Fridays close” and goes all the way to “Saturdays close” and “Sundays close”, “refrigeration alarm”, “Mondays close,” “Wednesdays close.” They are all emails. Pages 7, another email regarding closing and that continues on to page 8 and 9 and 10 are more emails in regards to closing the store, and those go on to page 92, and they begin at page 79. Then we have more temperature logs. These do not have notes on them from Mr. Dannells. They go to pages 97. Any objections Mr. Dannells to exhibits 79-97? Rue: No. Judge: Thank you. And miss pascalletto? Amy P: I don’t have those documents. I don’t have the emails or the temperature logs with the notes on them. Judge: Did you send those Mr. Dannells?

Rue: Ah I do. and I do have the confirmation sheet to prove that I did. Judge: What is the confirmation sheet. Rue: Ah the fax notification that said that the fax was successful to the numbers that I sent it too. judge: That doesn't mean it was received. When did you send it? Rue: Um, on, I sent them at the work source office I sent them to um all the numbers that were listed on the hearing page and I actually had to get look up numbers, um, to get them to, ah, Fred Meyers, but I sent them to a Cammie long, the unemployment consultant for Fred Meyer and it says the status on them was ok, that they were received. Judge: So miss Pascalletto, You didn't receive those exhibits? Amy P: No I didn't. And I don’t know who Cammie long is. Judge: I am not going to admit exhibits what was now 79-109. There is no evidence here that the employer received them. They are temperature logs. Almost all of them are temperature logs or emails. If during the course of the hearing we need to discuss them in further detail Mr. Dannells you can renew your motion to admit these and I'll consider it again at that time, but for the purposes of beginning this hearing I’m not going to admit them and if we need to leave the record open to submit documents if the court feels it's necessary, so for the record exhibits 1-49, 67-70 72-77 have been admitted for today’s hearing. With that Mr. Dannells when did you start working for Fred Meyer?

Rue: I, uh, started working at Fred Meyer uh in April 19th 1996. Judge: When did your job end? Rue: It ended July 15th, 2014. judge: What was your job? Rue: Um for the last 12 years I have been the closing food PIC 40 hours a week. judge: How much were you paid? Rue: Um journeyman wages. $19.45 an hour plus PIC pay which is an extra .50 cents. Judge: So $19.95 an hour? Rue: Correct. Judge: And you said journeyman wages. Are you in a union? Rue: I am. Judge: What union are you in? Rue: Ah the local 367 food union. Judge: So what is the union? Is it the united food and commercial workers union? Rue: Correct. Judge: And you said what local? Rue: Local 367. Judge: And where was the store located that you worked at? Just the city and state. Rue: Ah, Gig Harbor, Washington. Judge: Since your job ended Mr. Dannells have you been looking for other work? Rue: I have. Judge: What types of jobs have you been looking for? Rue: I applied at all the grocery stores. Um, I applied at the ship yard. Um and I applied through work source and government jobs. Judge: How many employers each week do you contact? Rue: Ah at least 3, sometimes up to 5-6. Judge: Do you keep a record of the employers that you contact? Rue: Oh yes. Judge: Have you had any obligations or responsibilities that would prevent you from accepting full time work if it was offered to you? Rue: I have not. Judge: Have there been any days or weeks where you have been unable or unwilling to work? Rue: No. Judge: Do you have transportation to jobs or job interviews? Rue: I do. Judge: Have you attended school at all during the time you applied for unemployment benefits? Rue: No. Ah, just work source classes. Judge: Thank you Mr. Dannells. miss Pascalletto, Any questions for Mr. Dannells? Amy P: No thank you. Judge: Thank you very much. And miss Pascalletto, this is your opportunity to present the employers case as to why the job ended. Amy P: Ok, Mr. Maygra are you there? Daron: Yeah, I am here. Amy P: ok. Can you tell us, what is your position? Daron: I am the store director. Amy P: Alright and how long have you held that position? Daron: Since May of 2013. Amy P: Alright, and did Mr. Dannells work for you? Daron: Yes, he did. Amy P: Ok, can you tell us what was his hire date? Daron: His hire date was April 19th, 1996. Judge: And miss Pascalletto and Mr. Maygra if it's different then what Mr. Dannells testified to please correct it, if not, please don’t go through it. Amy P: Ok. Judge: Thank you. Amy P: Mr. Maygra is it different than what Mr. Dannells stated? Judge: Miss Pascalletto, if you know it to be different then please correct the record, but otherwise the testi.. it's asked and answered. We don’t need to repeat the same line of testimony. Amy P: Alright. Thank you. Mr. Maygra can tell me was the claimant discharged? Daron: Yes, he was. Amy P: Ok and did you do the discharge? Daron: I did. Amy P: Alright, and can you tell us the reason for the discharge? Daron: It fell under the falsification of company records. Amy P: Ok and was there a final incident that lead to discharge? Daron: Um (unintelligible, mumbling) ... required of the temp checks being falsified and when we did the investigation that's what he was ultimately termed for was falsification.

Amy P: Ok and tell us when did this occur? Daron: Ah days in question are originally on the 30th from the date of 29th and then ah... Judge interrupts: Mr. Maygra the 29th and 30th of when? Daron: I’m sorry, sorry, June. I apologize. Judge: 2014th? Daron: Yes. Judge: Thank you. Amy P: Ok. What happened? Daron: (unintelligible. time stamp: 18:33) ... then I um got with my LP. My LP did a COUPLE (Henry, only did ONE as stated by Henry’s testimony and he only shadowed for 3 ½ hours) of over night shifts or worked, the you know, same shifts as Rue did, to determine whether this was a fact or not, and um when we got the video footage on camera that showed that the temps were not being completed (see foot note), then we made contact with the main office where we told all the information we have found, and at that point, they told me that we are to terminate Mr. Dannells. Amy P: Ok can you tell us, what did you actually um witness? Daron: Ah, um, Rue was, you know, every (unintelligible. time stamp: 19:16) ...you know of his shifts, and so (unintelligible:) that fact that Rue was not walking the departments and doing the temp checks which you have to manually do, even if you are going into the service departments at the times, which are supposed to be done, which are 4:00, 8:00, and midnight. Ah we had a visual on the clipboard, which held the temp checks, along with the temp gun, at the temps, ah that stayed on the wall, for the duration of the evening, until um later in the evening, around 11 o clock, when Rue would take the temp check inside an office where there are no camera's, be in there for a period of time, come back out and then that's when the temp checks were completed that time. Amy P: And when should the temp logs be completed? Daron: We do them every 4 hours for the refrigerated cases, which start in the night at 4:00 am, 8:00 am, noon, 4:00 pm, 8 pm, and then again at midnight. He, ah the frozen cases are done at 8:00 in the morning and evening.
Amy P: Alright and what was the claimant doing that he was not supposed too? Daron: What was he not doing? Amy P: Yes. Daron: He wasn't visually inspecting the cases with our thermometer gun and ensuring that we were within temp. Ah he was completing other tasks throughout the evening. Amy P: Ok and how did you know this? Daron: Ah again my Loss prevention manager was working side by side with him, not knowing that, but he was watching him on camera and being in the store during his shift and ah ensured that the cameras that we have on the departments, whether he was going in or not, to, to, actually manually take the temps, and when Rue was not seen going into those departments and the clipboard was not being taken from the wall, which you need to take the temp gun, chart and remove it from the wall for the evening, it’s not possible to take the temp check. Amy P: Alright. And did you talk to the claimant about this? Daron: Yes I did. Amy P: when did you talk to him? Daron: Ah, um, I believe our first meeting on it was the 12th, sorry July 12th, 2014. Amy P: Ok and what happened at that meeting? Daron: Um, it was brought to the attention, to my attention that the temp checks were not being completed in the evening. And, ah, I asked Rue if that was the case or not and rue said that he HAD been taking the temps. (I said, I was ensuring the temps got completed, implying that it wasn’t always done by me, but other associates as well.) And, ah, um, and we went through that conversation and ultimately with the testimony from one of our associates that he wasn't doing the temps in the evening. And with my loss prevention's camera we determined that that was correct. Amy P: Ok. And did the claimant ever give you a reason why these temperatures weren't being taken, like they were supposed to?

Daron: Um he said that he had done them and he was being framed. (I didn’t say I was being framed. I said I didn’t understand the phone photo with the time stamp. I said it didn’t make sense and Daron suggested I had been framed to which I answered I don’t know) Amy P: Ok. And why is it so important that these temperature logs be taken? Daron: Um, for the business, so we can ensure that are cold stuff, stays cold and we don’t break that cold chain management. Um we have been fortunate as a company at our location, we've never had incidents um, where people get sick. It happens where sometimes people die because stuff is not properly maintained, temperature-wise so to ensure that doesn't happen, we need to put such employees ensure that we're keeping that refrigeration throughout, you know, when the product comes in, to the time it goes home with the customer, um, that's why it is so important we do these every four hours. Amy P: And does the claimant know that this is what had to be done. Daron: Yes, he did know that. He stated in his document that I have here, that it is the easiest way to get fired and he understands that temps need to get done. And um, you know, falsifying is an easy way to get fired. Amy P: Alright and did you ever have a conversation with the claimant about the temp logs? Daron: Ah we spoke about it um, I don’t know the exact date, but it was probably six months prior to this. I had noticed that the temp logs were not being completed at all in the evenings, (Daron Doesn’t’ work evenings) so we had conversation with the PIC's, the people in charge in the night time, (I was not privy to this conversation. It was held in the morning when I wasn’t there. Len told me about this conversation some), hey this is important and we need to ensure that these things are being completed every four hours. And every 8 hours depending on whether it is refrigeration or frozen. Um, from that point going forward, I would audit them and we'd completed them successful and I wasn't concerned until this information was brought to me. (The logs were NOT being audited. The copies I have and faxed over proved that temps weren’t being done correctly were still an issue).

Judge: From who? Daron: Oh, from oh, Mr. Tate. Judge: What did he say in the email? Daron: Um, he said, that he had ah, um, noticed that the temp checks throughout the evening, he would walk by, he wasn't the person in charge at night and he noticed that often the temp logs that they weren't being completed and he had seen Mr. Dannells pick up the clipboard and go into the price changing room in the 11 'o clock hour and would be in there awhile and when he'd come back out they were all filled out. Judge: All right. Any other.. Next question Miss Pascalletto? Amy P: Yes, you stated the reason for discharge was for falsification. What is your policy for falsification? Daron: It's an automatic termination. Amy P: Thank you. I don't have any other questions. Judge: Thank you Miss Pascalletto. Mr. Dannells any questions for Mr. Maygra? Rue: I do. When did um, Ronnie Tate send that email to Daron that there was a problem with the temp logs? Daron: June 30th, 2014. Rue: It's not included in here. Judge: Is that a question or a statement Mr. Dannells? Rue: It's a question because it's not included in this packet of information. I do have a note from Ron Tate on ah, looks like page 40, but it's dated the 12th of (July) which was during my suspension, that there was a problem with the temp logs, not PRIOR to my suspension. Judge: So the question is Mr. Maygra is the email from June 30th included here in the (unintelligible, time stamp 26:43) discovery? Daron: I, I, don't see it in here either. Judge: Alright. Next question Mr. Dannells. Daron Interrupts: We have documentation when we did the over nights with him (The “over-night” was 3 ½ hours from 3:00 – 6:00 pm), that is dated before the 12th, but I don't see the one from Ronnie on the 30th (of June). Judge: Next question Mr. Dannells.
Rue: Ah that's it. I'd like to get that email if that is possible. Judge: No, I don't see how that is possible now to get it ah. Rue interrupts: ok. Judge: I think the testimony is complete about what was sent and when and that is sufficient for this hearing. Anything else Mr. Dannells, any other questions for Mr. Maygra? Rue: Ah no sir. Judge: Thank you very much. Miss Pascalletto your next witness. Amy P: Alright. I'd like to call Mr. Tate. Mr. Tate are you there? Ronnie: Yes sir, er, Yes, maam. Sorry. Terribly sorry. Amy P: Alright. Ok. Mr. Tate, did you sometime notify Mr. Maygra regarding the claimant and the temp logs? Ronnie: Yes I did. Amy P: When did that occur? Ronnie: Ah, it was at right at ah, the end of June 2014. Ah, It was either the 29th or the 30th. Amy P: Ok. And why did you ah contact Mr. Maygra? Ronnie: I was concerned um, just as he basically stated, I mean to ah, take the issue, it's a health concern. I um, had noticed that ah, um, that the the night in question, it was the 29th of June 2014, I noticed that at 9:00 or 9:15 that the 4:00 pm and 8:00 pm temps had not been completed. And then I came back by at about probably 10:45 - 11:15 and noticed that um those had been completed, so I uh was concerned. That was a concern because you can only do them at the time, there'd be no reason why they'd be filled out after the fact because you have to have the temp gun and you have to use the clip board. It didn't make a lot of sense. Amy P: Ok and was there a reason why you were looking up those temp logs at that time?

Ronnie: (unintelligible. time stamp 29:13)... It hangs on the back wall on the stock room. Um, right where we plug in the forklift and you go in an out that back door all the time, so when I am walking by that wall, I was just kind of one of those things, where you look at the paperwork that is hanging, what we have, the reports, the other reports around there, that need to be done and completed in a timely manner, so I just happened to see that um, around 9:00 that those two hadn't been done and then when I came back by. It was just odd that they were filled back out. It was just happenstance that I noticed it, honestly. Amy P: Alright and so on that day you contacted Mr. Maygra. Is that correct? Ronnie: The next day I did, yes. Amy P: Ok and um, was there anything else that you had noticed at that time? Ronnie: There was uh, around that same time uh, I had noticed him uh, I don't know the exact date, I apologize, but it was towards the end of June, I had noticed at the end of the night he had taken the temp clipboard off the wall. I didn't know why and then he was in the side office with it, and then when he brought it back out, he hung it up and it was filled out. Uh, It was another disconcerting because there is no reason to take that clipboard into the side office and he wouldn't be doing anything with it, there aren't any notes to put on it,(There were: My handwritten notes for the day) it’s just you fill the temps out, then you go to the department. Amy P: Alright. Thank you very much. I don't have any other questions. Judge: Thank you Miss Pascalletto. Mr. Dannells any questions for Mr. Tate? Rue: I don't have any questions for Mr. Tate. Judge: Thank you Mr. Dannells. Miss Pascalletto your next witness. Amy P: Yes. I'd like to call Mr. Rollins. Judge: OK. Amy P: Hi Mr. Rollins can you please tell me um, did Mr. Maygra contact you around June 30th, 2014. Henry: Yes, he did. Amy P: What did he contact you about?

Henry: He actually contacted me, asking me if ah, I could watch Rue for falsifying the temp checks. Amy P: Ok and can you tell me what you did in that investigation? Henry: Yes, I ah worked ONE shift, along with him, in my CAMERA ROOM. Um, about 4:00 pm when he was supposed to be doing the 4:00 pm temp checks, he was actually on top of the, the, what'd ya call it? Someone interrupts: Top bar. Henry Continues: The top bar cutting the lids off of boxes, absolutely not doing temp checks at all. When I came in the next day, I taped on where I had put the camera right on where the clip board is and right where the temp gun is, and not once being moved until later on that night. Since the clipboard was moved. It was moved into the office. He came back out, put it back on and it was filled out. Amy P: So what day was this? Henry: I don't remember what day it was right now. (Very Long Pause) Amy P: Ok and did you witness... Judge interrupts: The question wasn't answered. You asked what date it was Mr. Rollins, what date was that, that you had the camera there that observed the clipboard and the gun not being moved? Henry: I believe it was the 3rd. Um, I don't remember now off the top of my head right now. Judge: So on the July 3rd, the camera showed the temperature gun and the clipboard not being moved at all? Henry: Yeah, until later on that night. Judge: Well when? Henry: It was the 5th of 2014. Judge: And when were the gun, temperature gun and clipboard moved?

Henry: It would have been moved each time at 4:00 o' clock, 8:00 o' clock that night, um but it didn't. The clipboard didn't move at all until it was probably 10:30 that night, and the temp gun didn’t move at all during the day. Judge: So only the clipboard was moved at 10:30? Henry: Yes. It was brought into a side office. Judge: The gun was not moved at all, all day? Henry: No. Not all day, during his shift. Judge: Alright. Thank you. Next question Miss Pascalletto. Amy P: I don't have any questions. Judge: Alright. Thank you very much, and so on the day Mr. Rollins that you watched him on the camera how long did you watch him? Henry: I watched him all the way until 6:00 o' clock. Judge: and when did you start? Henry interrupts: And then when I came in the next morning I reviewed the video. Judge: So when did you start watching him? Henry: I started watching him at the beginning of his shift at 3:00 o' clock. Judge: And, what day was that? Henry: That was the 5th. Judge: Ok. so then at 4:00 o' clock you didn't see him doing the temperature scans. Henry: No. I waited around until 6:00 o' clock because he hadn't, you could do it, at a half hour before or a half hour after, but it was never done. Period. Judge: Ok. Alright. Thank you very much Mr. Rollins. Mr. Dannells any questions for Mr. Rollins? Rue: I don't have any questions. Judge: Ok. Thank you very much. Miss Pascalletto anything else you want floored? Amy P: No. Judge: Thank you. Mr. Dannells it is your opportunity to present your evidence. Please go ahead.

Rue: Ok. Concerning the temp charts, I am not the only one who takes temperature readings. Ah, even if it’s my own shift. Ah, James Wofford takes temps, Ron Tate would take temps. Len Lundy would take temps. There might be 3, 4, 5 (different) signatures for that entire day. Just because a temperature was missing at 4:00 o' clock from me, it doesn't mean that I didn't do it. It depends on who had been delegated to do temps that day or who saw that the temps should have been done. Judge: If the gun wasn't being moved, Mr. Dannells how is the temperature being taken? Rue: There is also a secondary temperature gun, upstairs in the manager's office in the top drawer. It's yellow, er it's red. The red one is on the wall and the yellow one is upstairs. Judge: ok. Alright. Please continue. Rue: I'm sorry, I didn't hear the last comment. Judge: Please continue. Rue: Ok. I um had a review in April with Andy Morehouse. Um, where he had told me during my review that I had been in the position for too long, and that I needed to move up or move on, or my position would be taken from me. I brought this information up to Daron during my suspension and Daron said he would not speculate on those circumstances. Judge: Alright. Rue: I've got some more information; I am just getting to it. Judge: ok. Rue: The two notes of supposedly supporting documentation that Len Lundy and Ron Tate um, both wrote to Daron were not given to him PRIOR to the alleged falsification, they were both written DURING my suspension. Possibly as supporting documentation that Daron requested, um, but I don't have anything prior to this that says, hey there is was an issue (with the temp logs).

1. The location for the temp chart clip board is on the communications board of the hallway near the price changing room, and that hallway gets a lot of traffic. It services the produce department and the access to the main freezer, and U-boats. Frozen and freight pallet deliveries use that hallway often. Oftentimes during the deliveries pallets moved down this hallway would brush up next to the communications board knocking over the clipboards and the stores printed off documents off from this (communication) board. The fallen documents did not always make it back to the clipboard or to the wall.
2. Um, We received either a frozen or produce load almost every day between the hours of 12:00 am – and 4:00 am, after I had placed the temp chart clipboard back on the wall for the evening. This would account for some of the missing logs if they had been knocked off the board.
3. Prior to Kathy Mostrom’s direction to Denise that Denise be in charge of putting the previous days temp charts in the binder, temp charts were left on the temp chart board. I do not know who put them in the binder before that, but assume it was one of the morning mangers.
4. As Len’s email said Len was the ONLY person putting his temp logs into the temp log binder HIMSELF most of the time, ensuring that his logs were there, so that is why most of Len’s logs were in the temp log binder, but some of mine might have been missing. I didn’t put my logs into the binder each night because I had never been given the direction to do so, so I left them on the clipboard each night.
5. The current temp chart binder is very unorganized and it had problems. It was only organized and checked for compliance when we had knowledge that the temp logs binders were going to be audited soon for compliance by the health dept. Jim Jackson the zone 5 food regional would send an email to stores as a reminder when health department visits were expected, stating in his email – “Ensure your temp logs are 100%.” So this implies that it was common knowledge among many stores that temp chart binders had problems.
6. When checking the book for compliance, oftentimes there would be time slots missing, initials not given, dates missing, or the temp logs not dated at all. If in the date sequences: July 4,5,6,7 and 6 was missing and two undated temps charts were found elsewhere in the binder, these temp charts would be dated with the missing date, regardless of whether or not it was the correct chart for that day.
7. If a temp window time was missed by me because of me being pulled away by another responsibility: (customer service, cashiering, or whatever, etc.) I either did the temp as normal and recorded the actual time I did the temp or wrote the actual time down, or I would get another employee to do the temps for me. Ah, If to much time had elapsed I would leave the temping window empty. I wasn't worried about getting in trouble for that because we would get busy, stuff would happen. I didn’t fill in the temps if missed and I have a temp chart from May 31st, which is my watch, page 65 where the 4:00 pm window was left blank as proof of this.

Rue: I need just a second. Judge: Go ahead. Rue: Um, If Ronnie saw me in the price changing room with the clipboard writing I would have either been writing notes on the temp chart clipboard, crossing off tasks completed or reading my notes. If it was during the 10:00 pm hour I could have also been writing the email draft for my close note, which I included in the fax packet, that I sent for the morning mangers. I go into the price changing room because it is quiet. Um, that is pretty much everything I have.

Judge: Ok. Thank you very much Mr. Dannells. Miss Pascalletto, any questions for uh Mr. Dannells? Amy P: Yes, I have a couple questions. Judge: Ok, go ahead. Amy P: Ok. Mr. Dannells um, during your shift are you to check the temp logs to make sure they are completed at each hour specified? Rue: Ah, I don't think so. I've never been said to me, to make sure that the temp charts are done each hour, they are done every four hours, and they would usually be done, like at the 4:00 o' clock one, we would usually get done about 4:45 somewhere in there depending on how things go, because that is our prime time hour when we are up front cashiering or in position A. If I had an associate working that day who had been trained in taking the temperatures, like James Wofford, I would call him from the check stand and say James, hey get the temps for me I'm busy right now and he would, and I have temp charts to support that. Amy P: Alright and if they are not completed are you supposed to complete them?

Rue: Um, If it hadn't been completed and too much time had elapsed, then I would leave that temp window empty. You can't go in and fill in the temps after the fact. Um, you can write on the top, You know If it is 4:45, or 4:30, or you'd write that down, but you want to try and get to the temping window as (close as) possible. Uh, an example being that I ah leave at midnight, but there is a Midnight temp, so I do that temp at 11:30, because it takes about 10-15 minutes till I get done at 11:45 I look at my draft close note, look it over and then send it to the morning manager and then leave on time at midnight.

Amy P: Ok and ultimately is it your responsibility to make sure that the temp logs are filled out? Rue: ah, I would say yes, ultimately it is my responsibility though no one has ever come up to me and said there is a problem with the logs or anything like that until this. Amy P: Ok, and are you ever allowed to complete all the temperature logs at the end of your shift? Rue: Um, no I am not. You have to do it as close to the temping window as possible. Amy P: Ok. Thank you. I don't have any other questions.

Judge: Ok. Thank you very much. Mr. Dannells, anything else? Rue: Um, No I don't think so. Judge: Alright, Thank you very much. Miss Pascalletto any closing arguments for the employer? Amy P: Um, I just have a couple of redirect questions. Judge: Ok, for who? Amy P: For Mr. Maygra. Judge: Alright, Go ahead. Amy P: Ok, Mr. Maygra, Are you there? Daron: Yes. Amy P: Alright, um you heard the claimant's testimony, he said that there could be up to 4 or 5 people that could be taking temps on his shift. Is that correct? Daron: Ah Not exactly, I mean usually it went like this, he would have maybe 2 sometimes, 3 associates working with him, and up to 2 or 3 if they were all trained to do temp checks. Um, can I elaborate on this? Amy P: Yes. Daron: Um, awhile ago Mr. Dannells said was that um, you had talking about the missing temps and this isn't really about the missing temps, it's about the temps that were falsified, um the ones in question all have Mr. Dannells's signature on there or his initials, it doesn't have Mr. James Wofford's, which he would do earlier or another person that may have possibly assigned the task. Amy P: Alright, and he also stated that there was a temperature gun, that was located in the office upstairs. Do you know anything about this? Daron: Ah at times we do have spare guns. We do not have one as of right now. I can't say for sure if there was one at that time, but as Mr. Rollins testified to you earlier, during that window, that we we have a half hour on each side of the window, so it a temp is do at 4:00 o' clock, um any time between 3:30 and 4:30 is acceptable to negotiate that because of the needs of the business, um, but during that 3:30 - 4:30 Rue was witnessed on the top bar and in the store doing other tasks, not ever going into the office to get a temp gun or going to the back to get one off of the wall. And I don't know that there was one in the office, ah like I said they kind of come and go, sometimes they are misplaced, broken, um and we are speaking 3 months back, so I'm not sure whether that one was there or not.

Amy P: Alright. Thank you. I don't have any other questions. Judge: Thank you miss Pascalletto. Mr. Dannells any questions for Mr. Maygra on his redirect? Rue: um, just a little bit, with concerning the temps, the freight crew PIC does the 4:00 am, Denise would usually do the 8:00 or the 12:00 and then in the evening ah, there could be um myself might do one, or James, or Len or Ronnie, depending on who is the mid-shift's are so um there, there is more than just 3 people that are able to do those temps. Judge: Do you have a question Mr. Dannells for Mr. Maygra? Rue: I don't. Judge: Alright. Thank you very much. Miss Pascalletto any closing argument? Amy P: Yes, your honor. Judge: Go ahead. Amy P: um just this, that we'd like you to take this into consideration: It is the employer's position that the claimant was discharged for falsification of the temp logs, as the employer stated this is an important duty, um for the employer because they check these temp logs and they have to make sure that these temperatures of meats and frozen food are at the right temperatures so it doesn't affect the safety of the public. Um, we ask that you take that into consideration and also in this case here um, the claimant is stating that you know that there could be possibilities that other people could be taking temps and stuff, but were not actually talking about missing temps or that other people are taking these temperatures. What the employer is stating is that the claimant had written off these temperatures at all at closing time at 11:00 pm, with his signature as the employer stated we have two witnesses that both state, one stated that he saw missing temperatures and then he saw that they appeared at the end of the shift and then we had another employer witness that is stating that he watched the claimant and he saw that the claimant was doing other duties, when he was supposed to be taking these temperatures logs and that he had stated that he had taken, so we ask that you take that into consideration when you are making your decision. Judge: Thank you Miss Pascalletto. Mr. Dannells any closing argument?

Rue: um I do. if you'll look at the logs that were sent over by the unemployment office that Fred Meyer sent and I don't know if they have been admitted, some of the ones that I sent um you can see that there are inconsistencies through out all the logs, where you're either missing signatures or you’re um, missing the actual whole temping time. There are some charts where the 4:00 and noon temps are missing completely, um management knew that there were issues with the temp charts, um, but they have chosen to um, discipline me for it, when I was not the one responsible for making sure they made it into the binder. That was Denise I believe. Um, there is a lot of evidence here um, that shows there were problems with the temp charts throughout and that is what I would like you to take into consideration. Judge: Thank you very much Mr. Dannells and Miss Pascalletto as well for your presentations here, and the testimony of Mr. Maygra and Mr. Tate and Mr. Rollins. I will close the record and end the hearing. A written decision will be issued in approximately 5 business days if you agree with the decision there is no need to appeal, if you don't agree with the decision then you may appeal. And the appeal timeline requirements will be found in the written decision you receive, so please read through it carefully. Any other questions? Mr. Dannells or Miss Pascalletto before we end the hearing?

Amy P: No. Thank you. Judge: Thank you. Rue: May I make a closing statement? Judge: Who is that? Rue: Ah, Rue Dannells. Judge: Ah, you already did Mr. Dannells. Rue: Ah, I thought I was adding more information. Judge: I thought you were making a closing argument. I asked you for a closing argument and that is what you gave Mr. Dannells. Rue: May I add another one? Judge: No, the record is closed Mr. Dannells. You've made your Arguments and the court feels the record is complete on all levels here. The additional information here is not necessary, um the court has sufficient information to make a accurate and a correct decision in this case, and so I would like to close the record and that concludes the hearing today. Any questions about the procedure or anything else Mr. Dannells or Miss Pascalletto? Amy P: No thank you. Rue: No thank you. Judge: Thank you all again very much and everyone have a nice day. Amy P: Thank you.

My Hearing Notes 09-23-2014:

• Daron said he received an email from Ron Tate on or about June 30th explaining that there may be an issue with the temp charts and I was involved, but Daron did not include this email in packet of exhibits that was mailed for the hearing. I asked about this supposed email. Daron didn’t know where It was now.
• The extra temp charts that I submitted and faxed over for the unemployment hearing, that Fred Meyer said they did not receive (though I had a successful send fax report) were important because: They proved that there were issues with the entire temp chart taking process and recording of those temps, from many other associates, not just me. Here are some examples:
There are temp charts missing entire temp taking time slots, like all the 4:00 pm temps not taken. See pages 114, 118, 119, 120, 121, 122, 124, 125 missing 2, 126 and 127.
There are temp charts missing the initials of who took the temps. See pages: 116, 117, 118, 121, 125, and 128.
Some of the temp logs are not even dated. How do you know what log is for what day? See pages 128 and 129.
There are temps logs for days that I worked, but someone either did SOME of the temp checks or ALL of the temp checks for the day. See pages: 119, 122 entire day, 123 entire day, 126 entire day, 128 entire day, 129 entire day.
There was no need to falsify temps. We didn’t get in trouble for not doing them.