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Mr. Villanueva Case Summary

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Mr. Villanueva has been a 15 year employee with the company and is currently assigned as a Supervisor in the Pitting and Packaging Departments at the Olive Plant. He currently supervises approximately 20 employees in both departments and makes sure that they wear their safety gear, such as their plastic aprons, plastic sleeves, latex gloves, hairnets and knee high rubber boots. He states that he instructs his employees what to do. Mr. Villanueva claimed he has known the claimant for approximately 13 years before she was terminated from her employment from the company on her LDW 4-21-15. He alleged the claimant’s termination attributed to the several verbal warnings he gave to the claimant during the last two years of her employment. He states he did not document each incident but informed the Human Resources Manager, Mrs. Jessica McClellan of the claimant’s insubordinate behavior. …show more content…

Villanueva alleged that during the time he had supervised the claimant in the Packaging Department, the claimant worked without any difficulty and never showed any signs that she was either in pain or discomfort. He claimed that she worked constantly with her hands and stood at a table sorting out olives in the Packing Room where she last worked and never not once did she complain about any of the injures she currently alleges. Mr. Villanueva states he was not employed with the company in 2004, and could not provide any details of how the claimant sustained a right hand injury. Nerveless, he alleged that the claimant never made mention of this particular injury or complained about any pre-existing pain or discomfort she had as a result of this injury. On the claimants LDW he recalled the claimant came into the front office to discuss the most recent verbal altercation he had with her on 4-21-15, when the claimant refused to listen instructions at the sorting table at the Packing Department. During that time of her meeting with Mrs. McClellan the claimant was

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