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Home My WebLink About97-05479 " .jl II " " , "~'II , , I ,.'} " " '; , 1 " , I' 1 , , , , , " , ... , " I, ..J - , :a , ~ d ~ . " -..( ~ . "'( ,I '" !i " ~ :C " ... ~ , I , " ~ ~ I I " - i !I t . ~ ~I " ... ~ \J 2 ~~ " " , , ~ "I , "I , , " " " II' , 'Ii " " " 1, " ) " ~ I' .) !,j ~ ~ , Ii 1'1 t.J " " , 1'1 , ,J i', " . , 0- , " " ;'! I ~ " " ';' " ,. ~ '1'1 " , ,I t " , , " ~ , , " , , ~ , , , " " \, " " ' " .I -'~ ,.) " ."'~'" I j '" WINIFRED F, RUTH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97-5479 v, MERCK-MEDCO RX SERVICES OF PENNSYLVANIA, L.L.C" Defendant : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW comes the Plaintiff, by and through her attorneys, the Offices of Fenstermacher and Associates, P,C.. and files this Plaintiff's Answer to Defendant's Motion for Summary Judgment, as follows: 1. Denied. Paragraph 1 refers to Plaintiffs Complaint, which is a writing which speaks for Itself, Further, any attempt by the Defendant to summarize or state the claims set forth by the Plaintiff are denied as conclusions of law. Further, it is denied that a physical "altercation" occurred. Rather, Plaintiff was ass9ulted by a co- worker, Darcy Messimer, Messlar, alone, was criminally charged as a result of such assault, to which Messimer plead guilty, (See Exhibits A - Crime report of Upper Allen Township Police Department and B - Citation issued to Darcy Messimer, attached,) No "altercation" occurred In the sense that Defendant attempts to imply that Plaintiff was an active combatant. Rather, Ruth was physically assaulted and acted only in self- defense. (See Exhibits C - Affidavit of Winifred Ruth and D - Affidavit of Brian Yarger, attached.) ,. 2, Denied, Paragraph 2 refers to Plaintiffs Complaint, which Is a writing which speaks for Itself, Further, any attempt by the Defendant to summarize or state the claims set forth by the Plaintiff are denied as conclusions of law, By way of further response, Defendant's attempt to allege that Plaintiff was an at-will employee who could be terminated at any time for any reason Is a disputed and erroneous conclusion of law. In particular, Plaintiff provided a benefit to Defendant and Incurred a sufficient detriment for the benefit of the Defendant. This occurred when, at the request of the Defendant. Plaintiff relinquished her union status, and therefore enabled Defendant to make personnel moves It desired, (See Exhibits C and E - Affidavit of Joseph Favinger, attached.) This factual averment of the Plaintiff Is uncontested, Whether it created an exception to the at-will doctrine Is a legal conclusion not appropriate for review under a Motion for Summary Judgment. 3, Denied as a conclusion of law, By way of further response. Plalnliff incorporates Paragraph 2 above, Whether "just cause" existed, or is a sufficient basis for Plaintiffs discharge, is a legal conciuslon not appropriate for review under a Motion for Summary Judgment. A material question of fact exists as to whether just cause existed for the termination, as Plaintiff has provided substantial evidence that she acted solely in self-defense, Further, Defendant failed to show just cause existed for the termination under Plaintiffs filing for Unemployment Compensation, which was approved by Pennsylvania Department of Labor and Industry after Defendant failed to produce any evidence to contradict Plaintiffs testimony that she was attacked and acted 2 . only In self-defense, (See Exhibit F - Notice of Determination of the Department of Labor and Industry, attached,) 4. Denied as a conclusion of law, By way of further response, Plaintiff Incorporates Paragraph 2 above, 5, Denied, Plaintiff has adduced evidence that Merck-Medea, through Its agents and employees, were well aware of Messimer's propensity to confront other employees, Further, Plaintiff has adduced evidence that Merck-Medco, through Its agents and employees, specifically refused to provide protection to the Plaintiff despite the fact that security personnel were present and willing to provide protection to the Plaintiff, (See Exhibit D,) By way of further response, Defendant's attempts to state that Plaintiff admitted to certain statements is not supported by any affidavit, deposition transcript or interrogatory answer, At no time has Plaintiff ever admitted that she provoked the physical attack by Messimer, and any attempt by the Defendant to Insinuate that such admission exists is denied. 6, Denied as a conclusion of law, 7, Denied as a conclusion of law, By way of further response, see the attached affidavits (Exhibits C,D and E, respectively) of Winifred Ruth, Brian Yarger and Joseph Favinger, which Indicate, inter alia. that Plaintiff was physically attacked by another employee despite Plaintiff advising Merck-Medea that she felt unsafe around this employee and the fact that security attempted to intervene but was stopped from providing any protection to the Plaintiff, Further the affidavits Indicate that Merck-Medco 3 METRO THE H~RRrSBURG ~REA POLICE INf'ORMATION RESOURCE SYSn:M (ICRI PINe) P~GE: 2 08.119/9.8 JMB2 INCH' U~L,19910401076 DT,TM' 1991 04 18 1530 ------------------------------------------------------------------------------ WINIFRED UNK RUTH RSA, Wf' 56 -------------------------------------------------------------------------.----- REPORTS' OllC VICT DOB: 41022J sSH~ 000000000 ~DDR: 31 HONEYSUCKLE DR MBG P~ 11055 EMPL: NONE ~DDR: 00000 OLN: W~NT CHK: VICTIM - CO-OP: Y TYP-INJ: N T~KEN TO~ CDS: 4 DJ,CRT ~PPEAR: 4 RESIDENT STATUS~ N HISP. N CUBN: N PHONE: 717 166 6600 OCCUP: WRK HRS: PHONE: 717 000 0000 COND: MED AID: NOTXfIED KIN: , COR: , DA~ COMM: ---_..--------------------~---------------------------------------------------- D~RCEY UNK MESSIMER RS~: WE' 43 ---------------------------------------------*_.~------------------------------ REPORTS: OlIC CDSl 5 DJ, CRT APPEAR: SUSP ARREST* c C/f': DOB: 540415 SS*: 000000000 RESIDENT STATUS: N HISP: N CUBN: N ~DDR: 18 MESSICK DR MIDDLETOWN PA 11057 PHONE: 717 999 9999 EMPL: NONE OCCUP: ~DDR: 00000 WRK HRS: PHONE: 000 000 0000 OLN: W~NT CHK: COMM: BRI~N UNK VARGER RS~: WM 22 REPORTS: OlIC WITN CDS: 4 DOB: 141024 SS*: 000000000 RESIDENT STATUS: ADDR: 221 W YLW BRCHS RD CARLISLE PA 11013 EM~L: MERCK MEDCO RX SERVICES ADDR: RITTER RD 05013 MBG PA 11055 OLN: WANT CHK: COMM: OJ, CRT APPEAR: 4 N HISP: N CUBN: N PHONE: 117 486 3459 OCCUP: WRK HRS: PHONE: '717 195 5025 DARCY M MESSIMER RSA: Wf' 43 REPORTS: 04CI DaB: ADDR: ACCU 540415 ss*: 18 MESSICK MIDDLETOWN ARREST*: 000000000 DR CDS: 21 C/E': RESIDENT STATUS: OJ, CRT APPEAR: HISP: CUBN: PHONE: 000 000 0000 OCCUP: WRK HRS: PHONE: 000 000 0000 PA 11051 EMPL: ADDR: 00000 OLN: COMM: WANT CHK: r'- : z I sit : :~ · f I t.. ~ l I ~'J ~ I 1i7, . 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Ill,'!.!'.' _~.L.IlI!.!.!!.<l..X,_.B.l!'.r.!!.Jl t rA!5!'_._JlllllY~_QL,_ ........- otherw lse HubJ ect RUTH to phy'" lcn I ,.oG,ct 2-..~ >~ -__ -Q~i~::~~;;.11:: :/:~'tB-;Z['t';w~:It1-1~~~hll'~~ _!.~""-"hi~' ~ "'104_' - - ............ ,.."" .......,r.... Nen:k ~Iedco Ill< S~rvice"~ lUlleL.Rd cumberls"d 21 I"'"'' "'1\.9"'~" "'.~'.-i'"97[f'."d'. - ~ol72 I ~.II""''' ~_~.itiltlOn e .___.___ _. 8.97 "',.... ~,_..."". ......... ,~ I.~'tl) ""'"" !1lL" ,.t It"",,, ~.'l..t..' A" t~,"., ""....'" nI ~., ~""..,.."" ,,~..'''3'.'' 3"~ I....... r.... '..~.A"'...'....... ..,,,,,, Itl "" flI"'OIII",.!Ii 11..-",," ~fItIl ,,_1~?tl?'~~lii7;:;;?"~"'=n-_ ;:~~;~J"lf" P;:0~;"800 100 Gettysburg Pike, Mecha"icsburg, Ph 1'1055 766-0756 l. ,~_."..-- I~"="'----L'''''.''''.'------- :'l'_'"~~._' :',__,,,,, . 9701,1076 . R~;'li~ winifred-----r1"iiJ;'I.1 ,'~" i:' .;/..... - 1\.II~._...Il\~...,C"'IiIIf"'("-1 ...........- Jl Ho"eysuckle Dr.. Mach, P/\ 17055 ..........,!&..-lllol /\itercatiun took place during the course of their employment at ~Ierck Medeu RX whLch resulted i" both of their dismIssal' II'llll,,, 1>i'l1 -:J <~ 1901 POU12079-4 ~I "'.... ... II.."", 1M AO 407.15 111 ~ " 11;1/ , II t , t II r E.XIIIBIT 13. . . I, Winifred Ruth, do hereby swear to and affirm the following: 1. I commenced employment with Merck-Medco RX Services of Pennsylvania, L.L.C, ("Merck") In 1988. 2. At the time I started my employment with Merck, no union represented Merck employees. 3. In or about 1989, the 011, Chemical and Atomic Workers International Union, AFL-CIO (the "Union") unionized the Merck employees. At that time, I became a member of the Union. 4, In or about 1990, I was requested by John Payne, my supervisor at Merck, to relinquish my union status. The reason I was told this was necessary so as to allow Merck to add another non-union employee to my division, that employee being Darcy Messimer. 5. I consented to this request. based on my belief that Merck would continue to provide all of the same benefits and protections I enjoyed as a union member. Such benefits would have Included certain protections from termination of employment without just cause, as well as defined procedures should Merck wish to discharge an employee. Those protections and procedures are set forth in the relevant portions of the Union Agreements In place from March 5, 1994 to March 4, 2000, attached hereto. 6. I received no benefit or additional consideration from Merck for this change to a non-union employee. 7. I worked In the same division as Messimer for approximately seven years. EXHIBIT (!, B. During that time, Messimer was extremely combative with not only me, but also other members of the staff and supervisors. 9. I repeatedly voiced my concerns regarding the Inability of Messimer to work In a professional manner to Merck's management, Including Maura Snow, the human resources manager, I further voiced my concerns to management that I felt threatened by Messimer. 10, In the week of April 14, 1997, Messimer became extremely upset with me due to her belief that I had turned off her computer. 11. On Friday, April 18, 1997, my supervisor, Sheldon Elsen, asked me to attend a meeting with Messimer. At such meeting, Eisen asked me If I could work professionally alongside Messimer, to which I responded "Yes". Elsen asked the same question of Messimer, to which she responded "No", Messimer then began to get extremely Irate and addressed Elsen, with a loud tone of voice, 12, I went to my cubicle and sat down, Messimer then ran toward my cubicle, stood at Its entryway, and refused to move, I remained seated and extended my arms to protect myself from Messimer as I felt threatened by her. Messimer then violently grabbed my arms, which caused Injury and bruising, I again aaked for security to be called, but Eisen did not do so, 13. Finally, Eisen placed himself between Messimer and myself and pulled Messimer away from me. 2 , '. ~ i ! I f I ! I ~ I J r Il. ! It J I t I : i g { f i ~ f ~ I I [ ~ fir I { I i r Il. f ~ I l t , fIr r f ~ i f ~ ~ ~ ,. = It ,I"l ~ l It .I' II' ~. jt.Jil:pq a Ii' ..,~5l. r~ !rts I fff~ili~r! II if! I f i : I f i f. I ~' 0:;; It It Il. 3 a r It I ~~-~- ....-- ~ ~!t!~ll'tIJJlt i i f [ j I ~ ~ a' ~' I > iktrllrllli i t ! ~! r j r ,I ~ i i ~ I ~! ! ~ f. ~ ! f . E i [ ~ J } I I ~ I ~ I I . , .if~~It~J~ll~ . t . . . I } I · , I Il. ~ It > If ~ hfliii " J ! tIt I ! ..1 i i I ~ J l ~ l ~ f . 9 I, , , . , . t l' t 11ttil'1\ \ i 11 ~ I l I I i ~ F t ~ i"6tltrl~ l 8 i ~ 1 ~ l tit 1J"(p ~ I til t L ~l.\L~ t · ~ t I t 'hhOt a B' 1 ~ f i itH t!litl,it ~ t ~! . It = ., i 1 , a ~ ~ I ~.ltli~~ R I' a . a .. .....--.,.----..- \ \ I 51. ~ \ ~ t i . 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It i a. a a. ~ l ~ l s ! t t t . j " ~itJi , I 1 t ~ ! i 6' 1f . t l~il~ s t l a. ~ , t It a ~ t I i ~ ~ s . i i r 1 5l, Ill' 5l, 5l, It ~ . ~ ----_ ~~r ~ ........ --- .--... - ~ I' ~ j.i~l I I t t :E i f nO. i Ii I . .. l t ' ~l if ~ z . t ~ g: 1 .~ ,) 11: i ' i ~ a r , ~ it ~ } 5l, ft ~ ~ It i ] ... 5l, i 6 if I I It I [ ~ i f if i 8 5l, i It . ~ j . t : f if Ii! ( i ' ith ! . I a I I: J ~ t ~ a. . I, 1 I [ I l i ! , , I " I AFFIDAVIT I, Brian Yarger, do hereby swear and affirm to the following: 1. I was employed by Merck-Medco from August, 1996, to August 1998, in the position of Security Officer. 2. During my time as a Security Officer, I became aware of an employee by the name of Darcy Messimer, 3, On several occasions, I witnessed Darcy Messimer engaged in screaming arguments with other employees. 4; At such times, Ms. Messimer would get extremely upset and raise her voice towards other employees. 5. On several other occasions, I also witnessed Darcy Messimer become extremely upset and become in a state I would describe as looking like a nervous breakdown. 6, On one such occasion, r found Ms. Messimer between boxes, located in the non-drug war~house, crying. At such time, Sheldon Eisen and Mauta Snow came out and had to talk her into returning to work. 7. On another occasion, I witnessed Ms. Messimer leave the building and walk around the grounds of the building in what appeared to be an effort to calm down from a highly agitated state. EXHIBIT 7) , ' 14. Mr, DeChamp1ain l~ft the area and continued conducting rounds, I remained in the non-drug warehouse, which provided a view into the office area where Messimer, Ruth and Eisen were. 15, From this vantage point, despite the doors being closed, I could still hear Ms, Messimer yelling at Ms. Ruth. This loud yelling continued for some four or five minutes. 16. I then saw Ms. Messimer run toward the cubicle of Ms, Ruth. Ms, Ruth at that point had been sitting on a chair inside her cubicle, 17. I vi6wed Ms. Messimer sWinging her arms towards Ms. Ruth as she ran towards her. 18, From my vantage point, it appeared that all of Ms. Ruth's actions were conducted in self-defense of the attack of Ms. Messimer. 19. Upon seeing this physical attack, I entered into the' office area. By the time I reached the cubicle, Ms. Messimer and Ms, Ruth had been separated by Sheldon Eisen, 20. Later that day, I spoke with Ms. Ruth. Ms. Ruth advised me that she had asked Sheldon Eisen to call security prior to her being attacked by Ms. Messimer, but Mr. Eisen refused that request. 3 . " , .' . 21, Typically, an incident report would be producQd as a result of such an incident as I described. However, I, did not see an incident report, nor am I aware of one ever being completed by any security personnel. 22. I advised my supervisor, Richard Bonneville, of what had occurred, Mr, Bonneville is the head of security of this Merck-Medco plant. Particularly, I advised Mr. Bonneville that all of Ms, Ruth's actions were in the nature of self-defense, I further advised Mr. Bonneville that Sheldon Eisen had instructed" security to leave the area prior to the physical attack on Ms, Ruth. It is my recollection that I advised Mr. Bonneville of what I had heard and seen, and my belief regarding the impropriety of Mr. Eisen's actions, on the date of this incident, April 18, 1997. 23. It is my belief that Ms. Ruth's actions were reasonable and necessary to protect herself from the physical attack of Ms. Messimer. 24. I have reviewed a document which appears to be a summary of my discussions with Officer McLaughlin of the Upper Allen Township Police Department. . 25. Officer McLaughlin's summary is incorrect in two respects, First, in that summary, it states that Messimer 4 . ' I ..' . I, Joseph Favinger, do hereby swear and affirm the following: I. I am currently employed by Merck Medco Rx Scrvices ("Merck") and have been employed there since 1989. 2. In 1991, and continuing to today, I have been a shop steward for Oil, Chemical and Atomic Workers International Union, Local 8-989 (the "Union"). 3. Winifred Ruth was a membcr of the Union from approximately. 1989 to 1991. 4. In 1991, in my position as shop stcward, I was advised that the management of Merck wanled the position of Data Entry to become a non-union position. 5. At the lime, the position of Data Entry was union, 6, I discussed this with Mike Duschesne and John Paine. two management employees of Merck. and voiced my opposition to this change in status, 7. I was told by Mike Duschesne that this change injob status was not open for discussion. 8. My understanding of why the position was changed from union to non-union status was to accommodate Darcy Messimer. John Paine wished for Darcy Messimer to work as a Data Entry individual in his Inventory Control Department. Messimer initially balked at this position because the union status capped the position's salary. In order to alleviate Measimer's concern. the position was made non-union, This change in status then also applied to Winifred Ruth. EXfIIBIT C: , '.' - ' 9, In my position us shop steward 1 discussed with John l'ulne, on numcrous occasions, employecs' concerns und eomplullllS regr.rding Durcy Mes,~imcr, including concerns over Messimer's belligcrentullitude und errutie behuvior. 10, On numerous occusions I witnessed Ms. Messimer becoming out of control, particularly when John l'uine would uddrcss with Ms, Messimer her alii tude or relalionship with other employees. Ms, Messimer would ycll and scr~anl, storm out of the omce, slam doors and throw paperwork across the office, II. On certain occasions I witnessed Ms, Messimer confront other cmployees by yelling at them while standing, literally, face-to-face with the other individual. Managemenl cmployees, including John Paine and Sheldon Eisen, were present or made aware of these incidents. 12. During the week of April 14, 1997,1 became aware that Messimer was angry with Ruth. 13. On the morning of Friday, April 18, 1997,1 was in the area of the Merck facilities drug warehouse. From this area, it is possible 10 see into the office shared by. among others, mysclf, Sheldon Eisen, Messimer and Ruth. At this time, I saw and heard, Messimer screaming at RUlh, who was seated in her cubicle in the rear of Ihal office. 14. I walked into the office and was told, in a loud voice, by Messimer thai she, Eisen and Rulh were having a meeting and 1 should "get the hell out of there." 1 was then told by Eisen to leave the office, 15. Later that day, 1 was approached by Eisen and Eisen apologized for making me leave the office earlier Ihat day, Eisen then advised that I would have to be out of the ofiice later that day, as he was going to attempt another meeling between himself, Ruth and Messimer. I HOTlCI 0' OITIIlMINATIOIl The L." DIY In Ill. III Appell from lhl" o,II""1In,IIOn IS' JUN 05, 1997 ----',.... COMMDNWI.LTH OF PENNSVLV.Nl. OEP.RTMENT OF L.BOR .NO INDUSTRV PENNSVLV.NI. JOB CENTER ~IGHT 0' APPIAL II you dluy,,' with thl' 1f.lIrmln.llon, you may IIlPUI II yOIl Willi to 'lit 111 IJIPIII. you mIni dQ 10 on or b,lorr d,. dtle shown Ibowe, Set below lor IPPUI instrUCtions r NERCK-NEDCO ax SERVICES OF FA 5013 RITTER ROAD NECHRNICSBURG, FA. IENFLOYER)WINIFRED F. RU'rU (CLAIKAHT) 31 HONEYSUCKLE DRIVE KECHANICSBURG, FA. 11055 11055 L 'INDING5 0' 'ACT: Tna clal~ant waa amployad by Marck-MadCO RX 5arvlcaa 0' Po 'rom 12-12-BB thrOugn ~_'B.97 " an In\l'.ntor~ &p.t.:.l"l iet, Tna amployar .tata. that the clalm.nt wa. dlaChargad bacau.a .he got IntO · pny.,cal "ght w'th another employ'" The cl.,mant .t.ta. that .ha wa. tarm,natao on 4-'B-97 aftar anothar amployaa attaCkad nar and she put out her hands In l.lf~d.f.nJ' and tOuched the employ'" 5.nca tho claImant wa. dl.chargad, the emplovar ha. the burdan of aatabll.h,ng tnat the d'lIch,"'ge W8e for wIll ful ",'Iconduct In connoc t., on with her work, B....d on .11 .v.llabla ,n'ormatlon, ,t .. concludad that tha cla,mant w.. dlocnargad 'or ra..on. wh'Ch aro nat con.'dOrod wlll'ul m,.CondUCt ,n connai:tlon with hor work .acau" tna employar ha. not provld.d .ny "r.t hand Informat'on concarn,ng tho fight, Tha clalm..nt .tata. .ha only raISed her hands In ,el'.08,.n88 Thara,ora, In .ccordanc. w,th provl.,on. 0' th~ P. UC L.W. bana"to ora approvad Uhdar Section 40'2(.). OETERMIN.TlON, Tho 'allOWIng datarm,natlOn wa. maDe ,n occoro.nco w"h lha ,ollow,ng .act'ono of tha Pennsylvan,. un.mp\oym.n~ compenaatlon L.~ .PPROVI~ 4021a) CWE 97/04/26 97/0~/t7 PAY AMT WWK 362- STnus .PPROVEO APPROVEO CWE 97/0~/03 PA Y ANT 362- STnus .PPROVIO CWI 97/0~/'O P.V AIlT 362- 5UTU5 .PPROVlO -Tn. above emOlJnt plld doel not Include dependentS allowanc.. MM0199 JC REPRESENUTlVE, S BOTTS 15111 CLAIMANT /IMPLOYlR APPIAL IN5TRUCTIOHS - Un..' ,...,.n 60".1 .f ,.. ,.", t." "",.,mln.".n ....m.. IIn.' ...,... ,OU 1110 .n ....." "".,n 16 .'V' h.m ,.. .... In.. o...,mon.".n ".. ...".. ., ..10..... ,. ,.., " ,.. ,.,.. t..' t.It Do,./mln."on ,. ,n'.""" ,.. .ov. ,.. ..." ,. "" '" ...." " ., ..,." ,.. ......"', ".,," .. I.' "" ." I. ......, ...wn ...... .. .... OI'lrmln,1l0n. Vo~ mlY lilf your Ippul 1\"1 pe'lon 1\ .n'1 "'lnnl'1I"""" JOb C.nu' 01 by m.~I. , " ,.., ...." " ..". on .....n, " m." .. "".,..,...... .."n. ..".... no." .n ., ..1... 101 It" ." .. ....." ..0- ...... .. I"UI CI'I,mutlllon. , " ,.u' ...." " ",.. ., m"l, " m.O! ,..Iu" ,... n.m., ....., "'''''' num..., . ...'"" .....m." I." ,.. W.., II III_ III _." "." In" ""...m,n....n, .n. ,no ....... I.' ,.., ....., Tn. ...." m." .. ......... ,. ,... ..nn.y'..... .-. eon'" 11II poltm.,..d on 0' b.lon 'h' 1,1' d.y 10 Ipp..1 Inown ,bOVf on ,"'.. CIII,mln.l1on. CLUM.NT' 5 SSN .PPLlCUION DATE TYPE CLAIM OA TE JC II.,LEO NUMBI EXIIIBIT CENTER COURT , "101 1-"IM7 97-05-21 030 181-32-2613 97-04-20 uc r . .. . . of. , , " , , (") ',"l n 'r: '.,J ." :1": "", ,. I , " , " ) " I " } I ~. , I , , : ",.'I , , " - I':'," " ; : , . " ... .- .~ " " , r''' ,-., I, Winifred Ruth, do hereby swear to and affirm the following: 1. I commenced employment with Merck-Medco RX Services of Pennsylvania, L.L.C, ("Merck") In 1988. 2. At the time I started my employment with Merck, no union represented Merck employees, 3, In or about 1989, the 011, Chemical and Atomic Workers International Union, AFL-CIO (the "Union") unionized the Merck employees. At that time, I became a member of the Union, 4, In or about 1990, I was requested by John Payne, my supervisor at Merck, to relinquish my union status, The reason I was told this was necessary so as to allow Merck to add another non-union employee to my division, that employee being Darcy Messimer. 5, I consented to this request, based on my belief that Merck would continue to provide all of the same benefits and protections I enjoyed as a union member, Such benefits would have Included certain protections from termination of employment without just cause, as well as defined procedures should Merck wish to discharge an employee, Those protections and procedures are set forth In the relevant portions of the Union Agreements in place from March 5, 1994 to March 4,2000, attached hereto. 6. I received no benefit or additional consideration from Merck for this change to a non-union employee, 7, I worked in the same division as Messimer for approximately seven years, ,~ 1'""" 8, During that time, Messimer was extremely combative with not only me, but also other members of the staff and supervisors, 9, I repeatedly voiced my concerns reg",rdlng the inability of Messimer to work in a professional manner to Merck's management, Including Maura Snow, the human resources manager, I further voiced my concerns to management that I felt threatened by Messimer, 10. In the week of April 14, 1997, Messimer became extremely upset with me due to her belief that I had turned off her computer. 11, On Friday, April 18, 1997, my supervisor, Sheldon Elsen, asked me to attend a meeting with Messimer. At such meeting, Elsen asked me If I could work professionally alongside Messimer, to which I responded "Ves", Elsen asked the same question of Messimer, to which she responded "No", Messimer then began to get extremely Irate and addressed Eisen, with a loud tone of voice. 12, I went to my cubicle and sat down, Messimer then ran toward my cubicle, stood at Its entryway, and refused to move, I remained seated and extended my arms to protect myself from Messimer as I felt threatened by her. Messimer then violently grabbed my arms, which caused Injury and bruising, I again asked for security to be called, but Eisen did not do so, 13, Finally, Eisen placed himself between Messimer and myself and pulled Messimer away from me, 2 ~ !"'. wlrnlnVI .nt.r.d on tn. ..ploy..,. p.r.onn.l r..ord. Tn. Union .vr... to .co.pt 'nd r.t.ln .uon w.rnlnv. In .o.'ld.n.. .nd .n.ll not u.. or dl.clo.. . w.rnlnv or It. cont.nta ..c.pt .. "y b. n.c....ry to Inlorc. tn. t.r.. 01 tnl. AVr....nt. . XV, A8SRM?RaIAM A.n LAT.~.B. . Tn. P'ftl.. .vrll to tho .doptlon .nd l.,l...nt.tlon 01 the attlndanCI policy Inn...d hlr.to II Ild,r -A-. I I I. XVI. 110 nl.lWIININATIOM A. No l.ploYII .h.U be dhcrl.lnlllcl .v.ln.t by r'..on of rle., color, rl11110n, ..., nltlonl1 orleln, 1'1, hlndlc.p. .Ittran ItatuI, union MeMber.hip, or .1 atherwl.. pronlbltld by .t.tutl. XVII. a.lavAMCR ANn A..I~ATIO. P8oeRnu.a A. The ,.rtl.. I,r.. to ..tlbLllh I 9rllvlncI co..ltt... The Unlon Ihlll d'.'gnltl thr.. (3) r.pr...ntltiv.. to ..ry. on thi, Co..ltt.. who Ihlll ...t with the C~p.ny" rlpr...nt.tiv... Thl Union Ihlll provide the Co.plny Nlth wrltt.n not Ie. of the na... of ltl d'.'gnlt.4 r.pr...nt.tiv... In thl IVlnt thlt luch . d..lgnltI4 r.pr...ntltivl r..lena or ,. r.~y.d or r.placed, the Union will glve the Coaplny pr~pt wrlttlft notice 01 tn.t I.ct. Id.ntl1ylnV . ,ucc...or r.pr...nt.tlve. Th. vrllv.nc. co..ltt.. .h.l1 ...t ..ntnll It ....- -21- , I 6 t t . 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I" .1"1.8, t <fpoltr wJ I ~ ~lflJJ ,t ~ 1t~ ~ Uti If ~ 1.1,11I1,.1 I I: ~f i'~i } ffltl df 'i 1 ; r .. r I,] 'If t L ! } IItl t,f1lil Ii "I (- fill 1"Jill hi ft f et&: l:tlft' . _ I IfJJhi ~~~~fL ill "I 11 I 1ft "" d Iff "If, H IlJIl1IJldl ~ l'('p-d':, 'f' -'It If. idil ji hih'ltH pI 1,I~njJ.,!J~ ~~pJJ! 1': -fh'-! -IIHI-.li-ll L ,&:1 I HIE "'J .....,; \,j; ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 \ ~ ~ 13 complaint? A Yes. Q What did Don Bailey say about Ms. Ruth? A They had the same complaints that they had about Ms. Messimer. She was bossy and brusk. Q What did Ms. Messimer complain to you about Ms. Ruth? A That she was, you know, overbearing, bossy, trying to same type of thing. Q In your position, would you do performance reviews of Ms. Ruth? A Yes, I do. Q How many did you do? A Well, all that were done until I left, except for the period except for a small period. Q Generally, how would you review Ms. Ruth as an employee? A She was a good employee. Q How about Ms. Messimer? A The same. Q What was Ms. Ruth's position when she w~rked under you? l 1 :I 3 14 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 :10 :11 :1:1 23 :14 25 \ ,~ ,.'" ~ ,-, 15 o Is that oonsidered a demotion? A No. o Why was she taken out of the supervisory position? A The supervisory capabilities weren't as smooth as we had hoped. o Had she asked you to take her out of that position? A I don't recall. o Then, I think I used two terms for that, supervisory or management. I think you would agree that it is a supervisory position? A o position? A o Yes. Is it considered a management No. Do you recall the dates that she became a lead inventory control? A No, sir, I don't. o How about when she went into the other inventory specialist position? A No, I don' t . o When she first started working under you, was she a union member? A No, sir. ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '" r"""" ..... 17 employee? A There was no union in the building at the time. Q Was she asked to be become an inventory specialist, or was she told she was going to become an inventory specialist? A I don't recall. Q Do you recall was it your decision to make her an inventory specialist? MS. JETER: Objection. Asked and answered. You can answer if you do know. A I don't recall whether I asked her or she asked me, but it was not working well. And the lead status was terminated. Q I guess what I'm actually trying to ask, You had the authority to make that switch? A Yes. Q Do you recall ever discussing it with any of your supervisors? A My boss, yes. Q What did you discuss with him at that time? A I told him that I am -- what I intended to do and asked him if he had a problem. He sa~d no, and we did it. 'I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 :l4 25 ~ ,-.. 19 a Did you have any discussions with Ms. Ruth of what the effect would be of her not having union status anymore? A No. a Did she ever ask you? A No. a Did you ever discuss this switoh with the union shop steward? A No. a You never had any discussions with Joe Favinger about this? A No. a Joe Favinger never raised a oonoern to you that it was improper to take someone's union status from them? A I don't recall. a Was Ms. Messimer union? A No. a Did you have to fill out any documents or paperwork when she switched positions to inventory specialist? A I didn't. a When this occurred, do you reoall whether Ms. Ruth signed any documents? A I don't know. . ~ . ~ ~ ,...., 22 ( 1 filed a laweuit against Merck-Medco? 2 A Jack Shay told me that two week. 3 ago. 4 5 6 7 8 9 10 11 Q Other than that, you never heard it from other employeee? A No. MR. EMERYI I have. MS. JETERc queetion. That'. all the que.tion. I ju.t have one 12 EXAMINATION BY MS. JETERc ( '.4. 13 Q Do you recall Me. Ruth ever 14 complaining about the change to nonunion status? 15 16 17 18 19 20 21 22 23 24 25 A No. I don't recall. MS. JETERI That's all I have. MR. EMERYc That's it. Thank you. (Deposition adjourned at 12140 p.m.) I have read the transcript of my deposition and it is true and accurate, except for any correction. noted on the attached errata sheet. ~.._ _ ,\~~\~t ~~-_.~ -- Date ~~ p~ine ~ '" , , " ;1 " J,' I', '.' " I' I , , " , , 1...1 , ',' , , , .' I I' 4 I, ,I) I t..., , " ,""'\- ,--. , , MIOCO CONTAINMINT .IRVICI.. Inl,. AND na.ualllllARID prlv.te d." NON-EXEMPT EMPLOYE. PERFORMANCE APPRAISAL 7/26/91 0.1, P'repllH 3. "rlOI'l'M~ R.U", Ny"'" 11,11 Winnifred Ruth NAME:__ POSITION TITLE: DESCRIBE BRIEFLY THE SPE,CIFIC WORK THIS EMPLOYEE PERFORMS: procures meterisl, expedites material, Inventory Control Specialist DEPT, NO: IIH303 REVIEW PERIOD FROM:7 /26/90 TO: 7/26/91 Determines materiel requirements. Inventory DEPARTMENT: 'ACTOft IXCII'TIONAI. Vlfty 0000 aOOD REDUIRU UNACCIPTAlLI IMPROVEMENT aw.L'YV I.tr.m. accurlCy. Work illuperiOf QUllIly S,Il"I,. 'nd M'V a,ner.'1y doe, nOl ou.ln)' 100 poor 10 tlllln Accuracy ."oroughn'" and 01 wO"' 1;011111""lIy nigh ocelllonally Illcft.d mltftf 1t.a1\d&nJ1. in lob wll"OullmlNdllt. Economy of mllt,l,l, n..ln.... and lrequlnlly ...c..dl requlrem.nt.. Requl'lI ImptOYtment. Improvement Iconomy of lime (hlllher Itand.rd.. own and Oll'lt,a, Ntlln,.. ThorougM'" E'f.ctlvln,.. OUA/lT'YV blr'met,;, high IPHd 5,11"1.. and m.y a.nerally mMtl Output 100 'nadequat. 10 ProdUC:UII' output and volum. 01 output OCC.lionlUy e.cHd requlrementa. rellln In Job wlthoul Speed .nd eon'l'l,nev requlrlment' R'C1Ulre.lmprowmem, Immediate Improvemlnt. 0' OUlPUI "ILIAI,UTY bl"m.'v ,.11.1)11 In 'r.qUlnlly I.eled, ea" bl relied on to Typlcallv rlllabl.. Too unrelllbl, 10 r'lIln FolIow"n,lruetlon' .11 rllp4tell. norm,llob "qult.ml"I'. m..t .nd mly ..eNd Rlql.ll,.. IfnI)f1MIment. in JOb wltnoullmlMdl.., Judglmlnt rltQulr.mlnl, Improve"",nt ocelllonlllV DIPINOAI'LITY blrlmely d.p.ndabl. In 'requI"uv..elld.. Rlgul.rly mNI, ."d m.y Glnlrally 001' nI>l Too unctependlbl. 10 Punetulllty ,nd In ,.,pect.. normlllob reQulremln.. OCCI'lon.lty llIlcHd meet requlremlntl retain 'n ~b without .1I.nd.ne. 'lind' rd.. Rlqulre,'mprowment. Immldll.' Imp'ov"","t. S.,.IY"fbll' l,nCTIVIHISS IN Obl'ln, "'ghtll r"(j.el Ablhly 'U(jlnOf 10 M.."I'ln, .".Cll.... Malnlalnl working R.I.tlon, too In."teU.... DIALING WITH 'I'd COOPll'rtllon 'r(lm norm.llob rtQUlr,m,nl, working rtllllon,",p, r'lallO"shlpS 10 tlllln In job without PIOPLE 01"'1" 00.. 01.11 01 w'v 10 tnd I' CQaptrtU.... Aequlfll tmprOlllmtnl. Immldl.te Imp'OVIme"1. ElIl."' to which eoopt"l. 1m ploy" COOPt"'" MM0041 wllh, .nd Inllutnc.. ptO~I. hl/lhl eonl.etl KNOWLlDGIO' hcell.nt knowledge or Perform. .11 01 In. dul... Perform. .11 0' Ii'll dulll. Plrlorm. dulles or L,m.ted 10 ,Impln' THIJOI 'II dUll" or ....gnm.nIO; ...Ignld; "'.. . .....I'Y 0' ...Ignln.nll; 1'111 uaignm.ntl Vlnltllty dutl..; ha. no IIIIICtwtedOl TlcMlel' krn)WI.dgl 0' ".. .1Ic.pllon,f1y good good working IInowlldg. good knowl.dgl 01 bt60w Ilandard: I\U 101M orretlleel WO,.. lob and rll.I'd work workIng ""owladOI 01 oP,.r.tlld work relalld work knowledgl or ,..lllld 'M)rk """hilly r,llIld work Rtqulrtl impl'O'oIImlnt. OVlftALL IVALUATION Pwrformlnel con.ISI.nll,;, "'rlormanea eOnlt.l.nlly Perform,ne. con.l.llnIlV p,.rtormanc. usually dol, "-"orm.ne. " below 0' '...'O"MANCI I,r 11ICHc1. Uplclltion. ..elld'llIpeclallon. mllU ,1Iptc::lllion. .nd nOI mHI IxpectatlOn' and Ii'll minimum lectp..bM .nd lOb r.qUlr.m.nll lob reQUlr.m.nt. M.V mInimum requ.rem.nl. lOf I.....' uCled,lIpicl.llon. In. lOb and ,.qult.. r,om 11m. 10 11m. ImpfQlJemlnl ftl"'O"UANell . 3~ . . . "ATINO NUM..R C0134a 12/841 Prtnltd In U lA_A FACTOII IIATINOS _ 5ummlrlze Ihe renons lor esch Ilctor riling by complrlng perlormance 10 astabUshed stlnderds, Whit Iccompllshments or sbllltles were shown by Ihe employee during the review period? Whst .r..s need Improvemenl? 1, QUALITY OF WORK - Ens lly maintains control of prescriptions requiring medications. H8I excellent rapport with Corporate and vendor personnel in both procurement and Qxpediting Ictivities. Ensure. only that materisl absolutely necessary to continue uninterrupted produc 2. QUANTITY OF WORK _ Remembars aU the detaila required to ensure fastest fulfillment of matlrial rlquiremlnt.. Finishes today's work today, ensuring minimum turnaround for ordlrl. Conatlntly in motion. 3. RILIABILITY - Judgement haa led to selection as ecting Inventory Menager in hi. eb.ence. Think. .ituations through before acting to ensure accurecy. Coordinates Ictione with tho.e who nead to know. 4. DIPINDABILITY - Kinad one day of work this year. Alwsys punctual. Vocal and concerned member of aafety committae. 5. IFFECTIVENEI~ IN DEA~NO WIT~PEOPLE - Openly and honestly communicates with fellow department emp oyees, ut can e brusque in interpersonal mannerisma, A poaitive influence in the department, e. OVERALL KNOWLEDGE OF JOB- Familiar with entire scope of material movement. in pharmacy. Detailed and exact knowledge of department operations, GENERAL COMMENTS CONCERNING THE EMPLOYEE'S PERFORMANCE OF HIS/HER DUTIES - An extremely dedicated and valuabla employee who is at work with no nonsense approach anytime she is in the building, A superb contributor to the company team. ~ETED BY DATE APPROVED BY DATE V5D BY [IATI , '(' h)4l"lcl\ ~~... '{U.('fl 1111 .~I I,_J,.. 1 U. " What pla~ and agrsements were reached with Ihe employae for performsnce In the future? EMPLOYEE REVIEW OF THE PERFORMANCE APPRAISAL: I haye revlewad this appraisal and discussed the contents wllh my supervisor, My signature means that I have been sdvlsad 01 my performance and does not necessarily imply that I agree wllh the appraisal or the contonts, I have noted any comments regarding the apprslsal below, MM0042 .) ,,;/, :)- L'f~~~~ g-S- )/ Employ"'. Slgnatu,. (..J. A /'/'-Ac) ././../ Y Oil' .- .-.., ,. MIDCO CONTAlNMINJ IIAVlCn, Inl., AND ITIlUawDlAllln ,"'''' 1""" " I prlvete date ....- .. NON-EXEMPT EMPLOY.E PERFORMANCE APPRAISAL July 26, 1992 D," ""''''H 3 "'rtormence ...lIne N.......' 11,11 NAME: Winnie. Ruth DEPARTMENT:..!.!!.vent, Contro~EPT, NO: POSI'tION'tITLE: Inventorv Control Spec, REVIEW PERIOD FROM: 7 /26/9 ITO: 7/26/92 DESCRIBE BRIEFLY THE SPECIFIC WORK THIS EMPLOYEE PERFORMS: Procures and axpedites mete.rial to satisfy urgent requirements; maintains liaison with Corporate. HQ to insure sufficient stock levels of drugs are maintained, Acting Department Manager is his absenca. 'ACTO~ IIClmONAL VIAY 0000 GOOO REQUIRES UNACCI"AIIL1 IMPROVEMENT OUALITY ealr'm. .ccuracy, 'NOri I, Iuperlor ov.llly S.II,h.. and maY' O'nnNy don not Qu.llly 100 poor 10 ,,1.ln Accuracy lhorough"'.. ,nd 01 work con".I.nlly high occ..ion.lly UCHO mete atandatdl. 'n lOb wlthOullm~dl.l. Economy 0' mll,nll, ".lln.... .nd frequ.ntly '.IIeltd. rtQui,.m.nll. Requlr.. Impfl'....m.nl Impro....m.nl. Econom)' of 11m, (nlllher ,'.nd.,d.. own ,nd Olhl"') Ntll"", Thoroughn... -, -, Xl I --, Err'CUII'MII QUANTITY E.Iltremely high IPHd OulpUI ....ry high .nd 51111,,,.. .nd may Oono<&Jly....... Outpul too Inadequate to PrOdUCtlVIOUlpul .nd volllm. or output. Ir.qu.nlly..CtedljOb occ..lon.IIY..CI.d requirements. ,.,.In In job wllnout SPHCf .nd conlllt.ncy requlr.m,n,. r*lulrlm.nll. Requlre'l~menl Immedl.t. lmp~nt. 01 oulput -, -, Xl -, -, ~1L1"'ILlTY E.t"m'ly ,,1I.bl. In Fr,qu.nlly..eNdI C.an be r.lled on to 1'Iplcllly <OJlllllo, Too un"lI.bl. 10 r.t.ln '~Iow. In,trueUon. .11 r'lpectt. nonn.1 jOtl ,..qul"m.nll. mHt .nd m.y ..eNd Roqulroo Im_mont, In job wltrlOl.lllmmedl.te Judg.m.nt requlr.m.nt' Impf'OYl~nt. occlllon.lly. -, Xl I -, I OI'INDAIILITT EJllr.,,*y depend.bl. In 'requ.nlly..eMdS R.gul.rly millS .nd mly Gtn<<.lly doH nol Too und.p.nd.bl. 10 PunClu.llIv .nd III relpects. norm.llob r.quiram,nll oce.llon.lly..clld mNl ~uirlmenll, retain In ~b without .n.nd.nc. .tand.rdl. Requl.... Improyem.nl. Imm.dllt.lmptovement s.r.1y n.tllll I 'Xl I -, I I"ICTIVINUIIN Oblllnl nIgh.., rttplct ,Abllily lup.rlor 10 Mllnt.ln' .t1.Cll-v. M.lntaln. working A.I.lIon.IOO In,lfeeU-v. DIALING WITH .nd cooper.llon Irom norm. I lOb r.qUlr.m'l'lls workIng r.lallonshlps relalionshlps 10 rlllln In lob without 'IO'LI o'''.r, Goal 01.11 01 wlY to and II coop.r.tl-v, Requlr.. ImproYlm.nl. Immedlat,lmptOv.m."t E.I.nl to whiCh coop.rll' .mploy" cooper.t.. MMOO39 wllh. and Inllu.nc.. PIOPI. hel.h. conllct. I -, ~ -, KNOWLIOQI 0' E..c:.u.nllmOWledO, or Perform..1I olin. dull.. P~r'orm. III of thl dull" Pwfotml dull" or Llml'ed to ,Impl.., T"IJOI III duU" or .."gnm.n"; ...Igned; h.. a ~ry or ....gnm.nt.; hll U&lgnmlnta generalty dull"; h" no Ilnowledge Technlc.1 knowl.dgt 01 I'l.. tlCCIPllon.tly gOQd good wOtklng knowlldg. gOOd knowl'dg. 0' t*ow ICandltd; flU tomt 0' ralaled worll. jOb .ntl flllI.d work; working knowledge 01 O,,.I.,,d work r.talld work knowledgt of rat.led M)rk. yt,..tIllty rtlllld work. Rtqul,.1 ImprOWlmtnl. --, -, !XI I I OVI~ALL IVALUATION Plrformtne. c:o".II"nll,;, Performanc. conSlsllnlly Performanel consll,.ntly Performtne. ulu.lIy dOtl ~"orm.ne. .. bllow 0' 'I~'D~"ANCI I.t t"c"ds ,,,p'cllllon. ..etlds,.plellhons m.". UPttl.IIQn.lnd nol mlt' ..ptClationl Ind Ih. ""nunum IcelPllbl1 and lOb reqUlrem,nt. lob requlra",.nl., Ma.,. minimum raqulr.mllnlS to, 1,-vII ,.cHd ,.pael.11on. II'l. job .nd r.qUlrI' 'rom tlm. 10 11m. ImpfO'iemtnl I -, !xl I -, 'I~'O~"ANCI a J III,AlINO HUMI." I . I COt3..a (2/8.' Prlnttd In U S,A ...--- --- 'ACTOR RATINGS - Sumn,ar he reasons lor each 'aclor rating by co ,ring performance to estebllahed standerds, What eccompllshmenls or abilities were sh~'Nn by the employee during the review period? What erees need Improvement? 1. QUALITY OF WORK -- Thorough and complete in dealiog with a my~iad of products. . 2. QUANTITY 0' WORK - Always finds a way to get it a II done 3, RELlABILlTY- Asks the right questions Bnd ensures responsive action and follow-up to ensure timely execution on part of Corporate HQ and supplies. Excellent effectiveneee. 4. DEPENDABILlTY- Alwaya on the job and on time. r can depend on her to be here. Kember of ufaty cOllllllittea with lots of ideas. 5, EFFECTIVENESS IN DEALING WITH PEOPLE - Has improved since last evaluation. Gives thought to their concerns when tasking them, e. OVERALL KNOWLEDGE OF JOB - Extremely knowledgeable in her area, Learning more of overall department functions, Would like her to know details of other functions to aid in interpersonal circumstances, GENERAL COMMENTS CONCERNING TIlE EMPLOYEE'S PERFORMANCE OF HIS/HER DUTIES - An excellent amployee who gives her best every day, A valuable company associate. ......-M:!ijED BY DATE APPROVED BY DATE EDBY CAT J ,I 3",\fr). ,g,t.,... J. f/;lp L I" -A-l I. () ~~~ ....~ What planS'ltnd agreements were reached with the employee lor performance In thtHbture? EMPLOYEE REVIEW OF THE PERFORMANCE APPRAISAL: I have reviewed this appraisal and discussed the contents with my supervisor, My signature means that I have been advised of my performance snd does not necessarily Imply that I sgree with the spprslssl or the contsnts, I have noted any ~omments regarding the appraisal below, MM0040 Employ..'. Slgn.lure ~ J"--' .;~ ~/? r;l?..}/;;.L~ ...t~ 0... 7- 3 0- q~ - f " r-, MIDCO CONTAlNMIN'T IIRVICD, In.... AND 1TI.u.IIDlAAIU privet. dele NON-EXEMPT EMPLOY.E PERFORMANCE APPRAISAL 6/30/93 Dolo "-" 2 ""OnMMt "Mmti NyMet 11' I' NAME; Winnie Ruth DEPARTMENT:Inventorv POSITION TITLE: Inventory Control Specie list REVIEW PERIOD FROM: 7 /92 DESCRIBE BRIEFLY THE SPECIFIC WORK THIS EMPLOYEE PERFORMS: procures meteriel. expedites meterial. DEPT, NO: llH303 TO: 7/93 Determines metsriel reouiremen 'ACTOlI IXelmONAL VI~Y 0000 GOOD IIEQUIIIES UNMlCI"MLI IMPROVEMENT QUALITY IlCfrlmleccurlcy, Wol1llt luperior. QUIllty SaU,'11I ,nd may O.no<OlIy_noI Qualify 100 poor to ,.,.,1'1 Accurley thorouG",..... ,nd 0' work cOnlll'lnllV hIgh occuionllly..c"d meet ,tandard.. In lob wUhoullmmtdlll' Iconom'l 0' mlltnl'l 1'1.'11'1.... and Irequl""Y ..,..d. requirement.. Aequlr..~lt. imp'o~menl. lconomy of UIM (hillhe' Itendardl. own Ind OIM,.) N"ln... T...oroug"'MII "I Xl "I -, -, !Htcflv,,,... QUAHTITY l!Mlremtly high IPMd Outpul VIr; tugh and 5'11,11,. and m.y Olf_lIt., m-. OutputlOQ lnacMqultl to PrOdUCtlvl output ,nd voluml or oulpul. ',.quantly ..eMd, jOt) OCCllion'lty IxCH<l roqulromonto. retajn In job wltf\Oul Speed and conl"II"eV ,~ulf.m.nlll requl"m.nll. Requlre,lmprOY&lTt.nl ImlTt,dla't Improv.ment. 0' output "I Xl I .., -, ~ILlAIILITY bt'lmeIy relllblt In '1tqulnlly..e"d' Car: be r.l.~ on 10 Typleollyrolllll>io, Too u"rellll:ll, to r.lIln folIO.llnaINella", III '1IC)tCt.. norm,lloD requirementl. ITtH' Ind mey ..l:eed RlqUi....~ In Job wUftOullmmedletli Judgem,,,t requlrem.nt. ImprovemenL OCCIIIO"llty "I Xl "I -, -, D.,INDAIILlTY Exlr.mety d,pendablt In "'qulnIlV....CINd. R.gul.rly ml.t. .nd may G.n.r.~y dUn not Too undependlblt 10 Punctuality and "I t"I19Kf1. norMal ~b requll'lm'"fI OCCIIIO"llIy..eNd .... roQUl- "taln In lOb without IIt,nd,nel "Inetlrdt. RequlrH Improwment. Immed~l. Improvement. 3altty nabll, -, XI "I -, .., 1"leTIYINIII IN Oblll"l highest flllMCl AbIlity lupe'lor 10 Mllnlll"a ,HecIlVI MIIl"I.I". wonc.ing ReI'tlC:,,"' 100 In,rftellvI DIALING WITH .nd cooperallon Irom norm'IIDb ,.qUI"mlnt. working '1IIIIon,ruOI ,.lluonahipe, 10 "llln In job .lInoul PIOOl.I Olhlrl Gael Oul or .IV 10 and I' cooplrlllvl< Requtfl'lmprrJ\IerMnl. Immldll" Improvlme"l. bltnllO whlet'! COOpltal, ImpIOVI. cooPt"I.. .ilh, nd influanctl MMOO37 paoole ""'''e conllCII -, XI -, -, KNOWLIDOIO' l.ellll"l knowlldge 0' Perrorml 'II 0' 1"1 dull" ~rlorm, 'II 0' 1"1 dull" Performs dulle. Of I.lmlled 10 Ilmplllt THI JOI 'II dull.. or '''lgnm,,,I., '1IIQI\td, ".. 1 vlry or I"lgnmlnll, nil 'UIgnmlnta genarllty dull"; hu no knowled.. TlCnnlCl1 knowlldgl 0' nil I.Clollon.IIV gOOd good working knowlldgl gOOd knowlldgl 01 ~ow ttandlord; nu tome 0' "llled work. lob Ind r.lllld work, working Ilnowltdgl 0' 01 ,.11f~ work rlllled work ItnowlidQ. of relaled wortc. vltU1111l,;, rllllld work Rlqul", Impl'OYlmlnt. -, lr1 "I .., -, OV'''ALL IVALUATION Performanc. eonlll"nllv Plrform.nce conllelenlty Plrtorm.ne. conlll..nUy Perform.nee ueually doet Fltrlo,mane. II Dltow 0' PI~'O~"ANCI I., I.Cttdl IlIpecllllon. ,.CHd.lllpeCII'lonl ",,,tl IIIpeellhon. .nd not mtlt 1.pec:tallOnt .nd In, minimUm ICC,pl.bIt Ind jab r,qulremlnlt lab r,qUlrlm,nl1 M.y minImum requlrem'ntt 10' IIVII, l.eNd l.peet.'lonl lhe jOb and rlQUlr.. Irom Ilml '0 lime Im~ent "I ~ h "I -, '1"'OIllMANCI I 2 , . . "ATINQ HU...... 'ACTOR RATINOS - Summlrlze th nons lor each 'Iclor riling by compar, ,)erlormence to established stlndlrds, Whit Iccompllshments or Ibllllles were shown by the employee during tha review period? What Ire.. need Improvement? 1, QUALITYO'WORK-Untiring end essertive in meinteining Iltock balBncell,expediti delivery, end Iletillfying emargent requirementll. Digll into root ceullell of Bi'AeeieadPf8~1!mar~aef!~0~~8c~~fHBdR~~tM9€~~~llt~5P~R~0~~9~~e phermecy. Hes 2 QUANTITYO,WORIC _ Mekes deily un of eveileble tools to puuue esch itsm' e . belence on hend end outlltending procurementll. Aggressive sction hes further reduced Ilplitll percentege from .5% in FY92 to .4% in FY93. Untiring efforte have ellowed her to be pOllitive fector on CAT. 3. RI!LlABILlTY- Does what she advertises, Acceptll and reeolvell action items from msny aourcea including locel end corporete, ~. DI!PENDABILlTY - Dsdicetion to top level performance reedily evident in deily procealles. Tekes time to think, coordinate with ell involved. Arrives et excellent judgment belle prior to making timely dacisions. IS E'FECTIVENESSIN DEALING WITH PEOPLE _ Hes worked hard in this erea to be e tum , player, Hes become intimetely familisr with all deparment procedures. Continues to act in department manager's ebser S~'eBeie~I~~lent judgment, priority setting end ability to communicate dellires S.OVERALLICNOWLI!DGEOFJOB- Has developed reputetion of top performer in inventory matters including Ilourcing material, eseuring timely dalivery, offering to eSllist corp. HQ buyers, Thoroughly researches her position prior to action. GENERAL COMMENTS CONCERNING THE EMPLOYEE'S PERFORMANCE OF HIS/HER DUTIES - Extremely pleeeed to hava, Dedication is immedietely and continuously evident, t'OMIlLETED BY DATE APPROVED BY DATE B' ~ - ,\2...\,?- ~h-..--.. "11~/'f.1ltLtt",\..A-' k~),.. What plans ~ agraement.s ware resched with the employee lor performance In t"~ture? ' ..J DATIl .,\\>! R~ EMPLOYEE REVIEW OF THE PERFORMANCE APPRAISAL: I have reviewed this apprelsal and discussed the contents with my supervisor, My signature means that I have been sdvlsed 01 my performsnce Ind does not necessarily Imply that I sgree wllh the sppralssl or the contents, I have noted any comments regarding tha appraisal below, MMOO38 Employ..'. Slgn.ture ~~ ol..v? '=? .R --- ~ r-~ 01'1: 9-3- 93 ..."" .- I, Joseph Favinger, do hereby swear and alllmlthe following: 1. f wn currently employed by Merck Medeo Rx Services ("Merck") and have been employed there since 1989, 2. In 1991, and continuing to today, I have been a shop steward for all, Chemical and Atomic Workers International Union, Local 8-989 (the "Union"), 3, Winifred Ruth was a member of the Union from approximately, 1989 to 1991. 4, In 1991, in my position as shop steward, I was advised that the management of Merck wanted the position of Data Entry to become a non-union position, 5, At the time, the position ofData Entry was union, 6. I discussed this with Mike Duschesne and John Paine, two management employees of Merck, and voiced my opposition to this change in status, 7, I was told by Mike Duschesne that this change injob status was not open for discussion, 8. My understanding of why the position was changed from union to non-union status was to accommodate Darcy Messimer, John Paine wished for Darcy Messimer to work as a Data Entry individual in his Inventory Control Department. Messimer initially balked at this position because the union status capped the position's salary, In order to alleviate Messimer's concern, the position was made non-union, This change in status then also applied to Winifred Ruth, ,','~ ,.~' 9, In my position us shop stcwurd I discusscd with JohnPuinc, on numerous occasions, employccs' conccms und compluints rcgurding Darcy Mcssimcr, including concerns over Messimer's belligercnt uttitudc und crrutic behuvior, 10, On numcrous occasions I witncsscd Ms, Mcssimcr bccoming out of control, particularly whcn John Paine would addrcss with Ms, Mcssimcr hcr uttitude or rclutionship with other employecs. Ms, Messimer would yell and screllm, storm out of the oftice, shun doors and throw paperwork across the office, II, On certain occasions I witnessed Ms, Messimer confront other employees by yelling at them while standing, literally, face-to-face with the other individual. Management employees, including John Paine and Sheldon Eisen, were present or made aware of these incidents, 12, During the week of April 14, 1997, I becllme aware that Messimer was angry with Ruth, 13. On the morning of Friday, April 18, 1997, I was in the area of the Merck facilities drug warehouse, From this area, it is possible to see into the oftice shared by, among others, myself, Sheldon Eisen, Messimer and Ruth, At this time, I saw and heard, Messimer screaming at Ruth, who was seated in her cubicle in the rear of that office, 14, I walked into the office and was told, in a loud voice, by Messimer that she, Eisen and Ruth were having a meeting and I should "get the hell out of there," I was then told by Eisen to leave the office, IS, Later that day, I was approached by Eisen and Eisen apologized for making me leave the office earlier that day, Eisen then advised that I would have to be out of the oftice later that day, as he was going to attempt another meeting between himself, Ruth and Messimer, I ~ ~ AFfIDAVIT I, Brian Yarger, do hereby swear and affirm to the following: 1. I was employed by Merck-Medco from August, 1996, to August 1998, in the position of Security Officer. 2. During my time as a Security Officer, I bacame aware of an employee by the name of Darcy Messimer. 3. On several occasions, I witnessed Darcy Messimer engaged in screaming arguments with other employees, 4. At such times, Ms. Messimer would get extremely upset and raise her voice towards other employees. 5. On several other occasions, I also witnessed Darcy Messimer become extremely upset and become in a state I would describe as looking like a nervous breakdown. 6. On one such occasion, I found Ms. Messimer between boxes, located in the non-drug warehouse, crying. At such time, Sheldon Eisen and Maura Snow came out and had to talk her into returning to work. 7. On another occasion, I witnessed Ms. Messimer leave the building and walk around the grounds of the building in what appeared to be an effort to calm down from a highly agitated state. ~ ,.... B. On April 18, 1997, I was working my regular shift at Merc;:k-Medco. 9. Approximately mid-afternoon, I and Thomas DeCh~mplain, another Security Officer, were walking past the non-drug warehouse. Such warehouse is located adjacent to the security office, 10. At that time, I heard a loud argument coming from the office next to the non-drug warehouse in which Ms. Ruth and Ms. Messimer worked. 11. Due to hearing the loud argument, both myself and Mr. DeChamplain entered into that area from the non-drug warehouse. 12. As a Security Officer, I believed it was my duty and part of my job performance to ensure that such arguments did not occur or escalate. 13. At this time, both myself and Mr, DeChamplain were advised by Sheldon Eisen that this matter did not concern us and we should leave the area. I voiced my concern to Mr, Eisen that arguments between employees of this nature did concern security and if he believed it did not, to take that matter up with my supervisor. 2 ~ ~ 14. Mr. DeChamp1ain left the area and continued conducting rounds. I remained in the non-drug warehouse, which provid~d a view into the office area where Messimer, Ruth and 8isen were. 15. From this vantage point, despite the doors being closed, I could still hear Ms. Messimer yelling at Ms. Ruth. This loud yelling continued for some four or five minutes. 16. I then saw Ms. Messimer run toward the cubicle of Ms. Ruth. Ms. Ruth at that point had been sitting on a chair inside her cubicle, 17. I viewed Ms. Messimer swinging her arms towards Ms. Ruth as she ran towards her. 16. From my vantage point, it appeared that all of Ms. Ruth's 'actions were conducted in self-defense of the attack of Ms. Messimer, 19. Upon seeing this physical attack, I entered into the office area. By the time I reached the cubicle, Ms. Messimer and Ms. Ruth had been separated by Sheldon Eisen. 20. Later that day, I spoke with Ms, Ruth. Ms, Ruth advised me that she had asked Sheldon 8isen to call security prior to her being attacked by Ms. Messimer, but Mr. Eisen refused that request. 3 ~ ~ 21. Typically, an incident report would be produced as a result of such an incident as I described. However, I did not see an incident report, nor am I aware of one ever being completed by any security personnel. 22. I advised my supervisor, Richard Bonneville, of what had occurred, Mr. Bonneville is the head of security of this Merck-Medco plant. Particularly, I advised Mr. Bonneville that all of Ms. Ruth's actions were in the nature of self-defense. I further advised Mr. Bonneville that Sheldon Eisen had instructed security to leave the area prior to the physical attack on Ms. Ruth, It is my recollection that I advised Mr. Bonneville of what I had heard and seen, and my belief regarding the impropriety of Mr. Eisen's actions, on the date of this incident, April 18, 1997. 23. It is my belief that Ms. Ruth's actions were reasonable and necessary to protect herself from the physical attack of Ms. Messimer. 24, I have reviewed a document which appears to be a summary of my discussions with Officer McLaughlin of the Upper Allen Township Police Department. 25. Officer McLaughlin's summary is incorrect in two respects. First, in that summary, it states that Messimer 4 ~ ,.-. Al'I'IDAVIT I, Robert F. Probst, do hereby swear and affirm to the following: 1. I was employed as a Security Guard by Merck-Medeo from' November 20, 1995, to January 6, 1999. 2. During my course of employment, I became familiar with another employee by the name of Darcy Messimer. I would describe Ms. Messimer as a loose cannon who had erratic mood swings. On various occasions, I witnessed Me, Messimer yelling at other employees. 3. On one occasion, I found Ms. M~ssimer hiding between boxes in the non-drug warehouse, crying. Apparently Ms. Messimer was upset over an issue of payment by Merck-Medeo for time off she had taken, Maura Snow and Sheldon Eisen had to come out to the non-drug warehouse to speak with Ms, Messimer and get her to come back to work, 4. I am aware that Sheldon Eisen was fired by Merek-Medeo due to a shortage of drugs which he was responsible to maintain. I was advised by my supervisor, Dick Bonneville, that Mr. Eisen was aware of this discrepancy and was given at least a month to rectify the situation prior to being terminated. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,... 64 Q And that is not shown on the photo? A No, it's not. Q To the best of your ability, can you put a 4 , generally, where you would be if that photo was larger? A (Witness complies.) Q I didn't mean to cut you off. What happened next? A All of a sudden, I realized that at some very they were yelling at each other or there was some verbal exchange, and I don't rememberl Darcy was what the exchange was. I don't remember exactly And then all of a sudden, I realized they were hitting each other. Q How did you come to that realization? A I saw Darcy -- Darcy's body came or was pushed back or backed UPI but I don't know what or how, and when it -- when that happened, I realized they were something was going on between them that was physical. Q Did you see Winnie Ruth push Darcy? A No. Q Did you see her hit Darcy? A From this vantage point, no. ME~'RO PAGE: INC.: THE HARRISBURG A~ POLICE INFORMA'rION RESOUR^YSTEM (ICRI PINCI 08/19/98 JMB2 5 UAL 19970401076 DT,TM: 1997 04 18 1530 REPORT NO : 03 SP SUPPLEMENTAL STA'rus: R LOC. GRID: REPORT OFF: VEH INFO: ASSIGN Off': APPROV OFF: CV HANDBK: SEC SURVEY: ARREST (S) : 05073 S MCLAUGHLIN INS,OU1': 0 2308 MECHANICS BURG PA 9999 04/25/97 1555 PLAT: SECT: P LIGHT: WEATHER: TEMP: F 00/00/00 DUE: MICHAEL 5 MCLAUGHLIN 00/00/00 PCCD V/W FORM: DOM RELAT FORM: DEFERR PROSECUT: FURTHER ARRESTS: RITTER RD 2308 MICHAEL CRIM SUMMONS: REC FOLLOW UP: N EXT SIGNED DOC: STMT / CONFESS: WARRAN~' : REC ASSIGN TO: ACTION TAKEN: FRIDAY, APRIL 25, 1997 1555 HRS, - WRITER TELEPHONICALLY INTERVIEWS SHELDON EISEN, 4713 ROCKLEDGE DR, HARRISBURG, PA 17110, HOME TELEPHONE NUMBER 234-0778. EISEN WAS THE SUPERVISOR OF BOTH MESSIMER & RUTH, EISEN WAS APPROXIMATEI,Y EIGHT(8) FEET AWAY FROM RUTH'S CUBICLE AND COULD SEE THE BACK OF MESSIMER'S BODY, EISEN DESCRIBED MESSIMER AS "ANGRY" DUE TO A COMMENT MADE BY RUTH. EISEN EVENTUALLY PHYSICALLY INTERVEENED BETWEEN RUTH AND MESSIMER. 1600 HRS, - WRITER TELEPHONICALLY INTERVIEWS MESSIMER IN REGARDS TO THIS INCIDENT. MESSIMER STATES THAT RUTH MADE A VERBAL COMMENT WHICH "MORALLY OFFENDED ME," MESSIMER ACKNOWLEDGED BEING "ANGRY" WHEN SHE ENTERED RUTH'S CUBICLE, RUTH REMAINED SEATED IN HER CHAIR AND MESSIMER INTENTIONALLY STOOPED OVER, POITING HER FINGER IN THE AIR TO "LET HER KNOW I'M SERIOUS," WHILE BENDING DOWN TOWARDS RUTH, MESSIMER HAD HER HANDS IN FRONT OF HER, MESSIMER READILY AGREED THAT SHE GRABBED OR STRUCK RUTH BUT ONLY AFTER RUTH'S HAND TOUCHED HER FACE, MESSIMER WAS ADVISED THAT SHE WOULD BE RECEIVING A CITATION FOR SUMMARY HARASSMENT, 1615 HRS, - RUTH IS ADVISED OF THE OUTCOME OF THE INVESTIGATION. MONDAY, APRIL 28, 1997 NON-TRAFFIC CITATION P0012079-4 WAS FILED AGAINST MESSIMER, CLEARED/ARREST. ,~ ,"'\ ,.., WINIFRED F, RUTH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97-5479 v, MERCK-MEDCO RX SERVICES OF PENNSYLVANIA, L.L.C" Defendant : JURY TRIAL DEMANDED CERTIFICATE OF COMPLIANCE TO: District Jusllee Gayle Elder (Magistrate District 09-3-05) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena, CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (Person served with Subpoena) certify to the best of my knowledge, Information and belief that all documents or things required to be produced pursuant to the subpoena Issued on April 9, 1999 have been produced, ~~ (Person s . ed . na) Date: ....-....I _ _.--..1 wlDlfred F. RuUl May 19, 1998 III AI Yes. t:rI Q: And the IncldeDlthal you've reterenced 1'1 lnvolvtng Darcy Memmer occurred on U10l same ~I day, Ls thaI com:ctl I~ A: Yes, I~ Q: So approxlm'ltcly one month before then, 171 sometime in March o( 1997, you wem 10 Maura I~ Snowl III A: Yes, II~ Q: Did you go see Ml5s Snow In her oftice? 1111 A: No, She ClUed me 10 her otllce, 1"1 Q: Old she C1U anyone ebe with youl I'~ A: No, 1"1 Q: Did you hesl"le (or some reasonl I'~ A: WeU, there was a reason (or her caUlng me 10 I'll ber o(tlce, I'n Q: And whal was WI reasonl I'll A: The reason why ls I had - Sheldon had left (or I'll the day and I had borrowed hls compuler and I'lllI Darcy shuI it 0(( and the next day she was 12'1 standing at the tlJe abinetS In front o( me 1221 and I said you sbut the computer down and I 12'1 could not get my order In and she does her 12'1 ac:tlons out at conualand you will apologize I2Il 10 me (or this, I don't like what you said to 1'1 me. I'm going to human resources, She wem to t:rI hwnan resources, 1'1 Mau12 Snow caUed me on the phone and said ~I I have Darcy in my office. you know, we need 10 I~ speak wilh you, I've done thls betore.I'm not III coming 10 your oUlce, I did nothing wrong, I 171 don't owe her an apology (or her actions, 'I And the next day Maura Snow ClUed me on III the phone and said would you come up, I said. I'~ as respect to you when you coU me. yes. I' 'I absolutely I will come up, She said, whal 11~ happenedl I said. you know how she is, she I'~ getS OUI ot conual. I'm nOI going 10 PUI up - 1"1 I've JUSt had It, She said. I understand, I I'll said, since you undemand what I'm saying 10 I'll you. please just keep ber away from me and she I'n said she underslood whall meanl by thaI, So I'll she knows she's OUI o( control, She has seen I'll iI, We had conversation, I'lllI She coUed - Lisa and Darcy were OUI 12'1 havtng a'lumenls and disagreements and they 1221 were coUed 10 her office and they asked Ole it 1231 I would jun silln beause I was a pan o( the 12'1 deponmeOl, I was nOI caUed 10 Ihe office, I 1211 said I would be willing 10 sil in, Page 66 . Page 69 (20) .. - IfturcIP.Rulflllv.- Merck-Medea RX Services of PA. LL.C Pogo 55 I Pogo 58 I I III We wenl up Ihere, Usa and myself wenl up i7I tllere wltll Darcy beCluse she has her OUI of nl conlrol Ii... ag;lln and she said I can'f do this I" and .he ...ned bawling and wem cryIng and ill wenl home, And we said 10 Maora, you see whal II' we mean. you can't even hilve il conVcrSiluon. 111 she leaves, She gal her C1r keys and left, I I" saul I've been tllrough tllis bdore, I '01 nOf 101 purung myself through Ihis ag;lin, And she I'OJ said she under5lood, ' 1"1 Q, There's a 101 o( stUll you jusllold me, so I'm I'~ going 10 try and go Ihrough II piece by piece, I'OJ When Darcy, aod, ag;lin.I'm using your words, 1"1 had her OUI o( conrrol titS. she would cry, she 11'51 would become very upsel and she would often "II e1tller leave the depanmenl or kave lhe IlIn conve....tion, Is that correctl 1"1 A: And go home, She would just slam her desk 1101 drawer and say I'm out o( here and would leave, 1"01 Q: When yoo use the lerm OUI o( control. 15 thaI 1211 whal you mean by oul o( controll Is Ihal II22J correct? 1231 A: Screaming, yelllng and crying, 12'1 Q: And she would cry in fronl o( anyone who may 1251 have been Ihere, So aU members o( the Pogo 51 Pogo 59 III depanmem could have seen her cry, lsn'lthal [2'1 correct? n, A: Absolulely, several occasions, 1'1 Q: And when she raised her voice, tllal would be 151 heard by aU the members at the depanmeOl, Is tll that correct? 111 A: OUlln the warehouse. over al security's III' ottlce, In the Inventory. yes, (OJ Q: Is tllere anything clse thaI you can describe II'OJ rclatinglo whar It mc:ans (or Darcy 10 be OUI 1"1 at control other than whal you've jusI '[,~ described? 1"1 A: She just has a very shan luse and you can sel I'" It of(, II doe.n'l maner whal you say, It 1'51 just goes, You tllink you're juS! saying I'" somelhing 10 her and the next Ihing she suns I'n S!ompmg her (eel and yelling and we'll see '["I abouI this and run. up 10 hwnan resources and ["I suns her crying, You PUI up wilh II 50 long, ('201 We had - Usa look oft sick because she 112" didn't want 10 work with her, She says, I 1221 can'l work witll her, I'm caUinll off sick, You I''''' had anolher penon in tlle depanme,", Al the ,I'" momenll'm not going to "",me her name, They i1251 cnoRe when tlley see her car,They dldn'l wanl Min'U.Scrip~ Filius '" McLuca.~ Reporting (800)233.9327 - Wlnlfrecf..:"Ruth v. Merck.Medea ax Services of PA, LLC - - PIgI 70 ' 1'1 10 work with h.r, 1'1 I mad. Sheldon ......re thatlh.s. people 111 Gldn't want 10 worl< wilh h.r, She coold have 1'1 b..n tr'olnsl.m:d, Sh.ldon n.v.r nlade any 111 ellol't to 121<. the bad .ppl. oUlol the ort, 181 Th.y let It continu. knoWUlK the whol. m d.p.rtment...... unh.ppy, Th.y did nothinK, It' Q: Darcy nt:v~r thre:llcncd anyone with violen,!:, I.') I1l1 that correct. Mr., Ruw? 1'01 A: Not th.ll'm .ware ai, She KO.s into all 1"1 dIIl.rent d.p.rtments, 1'21 Q: But th.t you're .ware of? 1"1 A: Th.t'. correct, 1"1 Q: You n<Y.r .aw h.r carry any 'YP. 01 w.apons I'll InIO your d.partm.nt, did you? ['11 A: No, ["1 Q: By w.apons 1 m.an a gun, alullJ'., a board, ["I .nyUling IJl<. that, [t1lJ A: No, ['201 Q: Did you .v.r s.. h.r hit any other employe.! 12'1 A: 1 wld.round sh. was on prob.tion In . 1221 d.partm.nt th.t .h. ...... - you know, with rnl .nother .mployee, 1 don't know it hitting was r"l Involved. but the department b.lore my 1211 d.partment .he was on prob.tion, Pig. 71 1'1 Q: So to an.wer my question, you n.v.r saw h.r hil 1'1 .ny other .mploye., Is that correcl? 111 A: No, 1'1 Q: I'm .orry, I'm asking it wrong .gain, I'll ask 1'1 il this Woly, Did you .v.r ..e h.r hit .ny [II oth.r employ..? m A: No, [II Q: Now, I.t me try .nd go back lor. ..cond, [VI I b.Ueve you I..tiiied th.t Sh.ldon Ei.s.n had ['01 I.ft lor the day, Darcy had turn.d olf hi.s 1"1 computer, I. that wh.t 1 understood you 10 ['21 say? 1'31 A: Y.., 1"1 Q: You ne.d.d the computer to ..nd an order, Is 1151 that correct? I'"l A: Ye., 1'71 C: Th. compUt.r.....5 turned all, so, th.r.lore, you I'"l w.re nOt .bl. to .end the ord.r' [t01 A: Ye.. that's corr.ct, I2<lI Q: Why couldn't you have lurn.d on th. compm.r' 12'1 A: Becaus. h. had. password and 1 didn'l have tl, 1221 He alway. I.ft it on lor me and th.n aft.. 1 [211 ..nt MY ord.r - 1 was .Iway. Ihe U'I one {'2'! mere in the cvcmnR. [ would turn It off We 1251 were: in the procc,~ o( in5ul1in~ a new - ....;.. "~ - - .. -- Wln1Ired F. Rum May 19. 1991l Pog. 1~ 1'1 eompm.r .y.t.m In my compul.r and I dldn'l ! 111 have ;U.:ctlS,s to It. but U W'il.S in hilS computer. 1'31 Q: Do you know why D:arcy turnr:d off the: c.:ompurc:r' ['J A: Nu, You'd have (() ask her. I don't know why i Itl she turned It Qt!, She ~mew I pm an order in i ['1 .very nlKhI. I {11 Q: 8Ul you Juo't know why she mrncd il oft? I ['1 A: No, I i'lI C: When you saw that the compuler had he.n turned 'III~ 0(( and you cnuld not .end your ord.r, what did 1"1 you do :1( that pouu? I[I~ A: 1 had a hand.held machine and 1 used thaI, 1,,,1 C: And you bumed Darcy for lurnlOg 0(( the 11"1 comput.r which pr.v.nted you from sendinK your I[I~ order that day, Is that correCt? 11"1 A: 1 wouldn't say 1. blam.d h.r, 1 justoaid you 1'71 turned 0(( the comput.r, I could not get my 1[1'1 order in, 1 didn't say It w:ts your l:1ult or 1[101 why did you do il or I'm bunung you, 1 IlL'1 11201 .uggest.d to h.r that the computer was 0(( and 12'1 she turn.d it olland 1 couldn't g.t my ord.r 1221 In, Th.n she went into a lit 01 rag. and said, [231 weU, it's not my l:1ult. you don't ~now how to 12" do it, why aren't you tr.lin.d, you know, just 12~ got inlO on. of h.r filS, Page 73 [II C: BUI you gave Darcy M.s.imer Ihe r.ason for you ['lJ not b.lng abl. to proce.. your order wo. that 1'1 she had lum.d olf the comput.r, Isn'l that {41 correct? I~ A: Y.., 1'1 C: She th.n laid you it .....on't her lault, .he I m b.gan on. 01 h.r fit', as you aU it, wh.r. 1"1 .he rals.d her voice, Old .h. cry? ~I A: No, II'~ C: She raised h.r voice? ["I A: Y.., [t~ C: She said II waon't h.r lault and JI .ome point 1131 .he th.n w.nt 10 human resources, Is that 1141 correct? I' I'~ A: Ye., ["I C: Did Darcy M."imer ask you before .he w.nt to itln human resources (0 apologize (0 her? 1'''1 A: No, She went to human r..ourees 10 ask lor an 1"'1 apology, ,['201 C: And th.n I b.lI.ve what you Ic.tw.d, and 1 :12'1 want (0 make sure that I'm getting It right, is :1221 M;1ur.l Snow called you - MaurJ Snow,l'm sorry, l7.J1 was the human resources mana~er Jt this time. 12.t b that (orrc:ct? 12~ A: V.s. (21) PaMc 70 - P3IIC 73 FWu., & Mclucas RcponlnMCtlOO)2.B-?,U7 Mln-U-Scrip(l)O -. WlDitred F, RliW ~ 19. 1998 _. .- - - ...... ~ WUlllrel1l', RUUt ,', MCJ'ck,Medco RX Servlc~ of PA. LLC 1'1 Q: And Maun Snow caUed you WIth O.rcy '" her IJI office, 15 thal correct? 1'1 A: Yes, 141 Q: And can you plca.e leU me wh.t M.un ..id to III you wben sbe caUed youl III A: Sbe ..Id I have Darcy in my attic., would you i7I come up, aDd lllllld no, III Q: So you retwed to come to M.ura Snow's oClie.' III A: Absolutely, Sbe didn't call m. imo h.r ollle. I"" and call Darcy up, She didn't call m. into her 1"1 office and say llUSt spoke to Darcy, we n..d 1':11 10 iellogether, Sbe lUSt said I have her 1':11 bere. come up, "'1 Q: And you retwed? I'I! A: That's correct, That's very unprof.SSlonal. I'll Q: O(Maun? 1'71 A: Yes. I'll Q: What else did Maun Snow teU you," th.t 1'" conversation? l2llI A: Nothmg, She lUSt said ok.y, 12" Q: Wh.1 h.ppened after th.l? 1221 A: Then the (ollowing moming Maura caUed me .nd 1221 said would you ple.se come up to my ottice, I 12"1 responded with yes due 10 the bC! th.1 you're 121! caUlnIl me mlo my o(lIce. I would r.spect th.1 I Pogo 14 I Pogo 1~ I ~ C, And dJd M.un .sk you lU do .nyUlIng when yuu ; 1"1 A: No, M.ura saId she understood .nd th.nk.d me, I 141 She 10." s,"d ok.)'. ~ h. oald, 1 undeAlUod, III C: And wh.n ...., the tlm. thaI you and Darcy h.d III b..n In M.ur.a's olllee preVlou.ly? Wa. that 171 the incidem WIth l..Lsa Rw..ll th.t you uu.:.d III .OOUlI /111 A: Yes, I'''' C: Wh.n you weren'l involved, but th.y .sk.d you 1111 lO come along? 1'21 A: l..Lsa .sk.d .nd M.un .nd O.rcy said it 1....01 11':11 to .it in .ine. I'm p.n o( the dep.runenr, 1 1"1 Cln," in on it, 1 went,.ll righl.l'm . 11'11 part of the d.p.run.nr, I'll C: WeU, Miss Ruth, didn't you le.rn'l .ome point 11'71 th.t D.rcy ....nt.d you to .pologiz. for the 11111 cornmenLl you nude .bout h.r lurrung the 11111 compurcr atO If'01 A: WeU, I'm.un: th.1 th.t's true. wh.t it ..... ,12'1 .bout, She ....med me to .pologiz. - the '1221 problem i. we're contUcting penon.ltles, 12>1 l..Lsa could h.ve said the same thing .nd she 12'1 wOuldn'l have gotten mad .bOUI it. Due to the 1121l laC! th.t I said it, she geLl .ngry, Pogo 7. 1'1 and come .nd uu.: 10 you, IJI Q: Wh.1 did M.W'll Snow s.y 10 you when you came up 1"1 the (allowing momlng? 141 A: M.W'll Snow said to me - I h.ve to think .bOUl III whal she said, II! Q: I understand, Take your tlme, We're in no i7I hurTy, (WI A: 1 don'l remember wh" M.W'll Snow oaid, III Q: Did she .sk you 10 .pologize to O.rcy? "'" A: No, 1"1 C: Did she leU you th., Darcy ....med an .polog)'? 1'21 A: No, 1':11 C: Do )'ou rememberwh" yous.,d to M.ur.t when you '''I came to her o(lIce th.t (ollowing moming' I'I! A: Prob.bly th.,l've gone through this before, I'll I'm not gomg through II.gain,And she s.id 1'71 she undernood, 1'01 C: You Went through wh" before .nd you r. nOI 1111 going through what .gain' 1201 ,,: The previous rele.se where Darcy r.an to her 12'1 o(lIce once before .nd she r.an out of the 1221 o(/ice crying and gnbbed her c.r keys .nd went l2:I1 home, We've aone through il before W.'v. "'1 gone Ihrough her unuurns an Ih. off,ee, rail Nothing ever comes out of it. Pogo n 1'1 C: Why do you thinle Ihat, do you know? '(2\ A: ContUcting personalties, I 1"1 C: BUI you understood th.t .he ....nret' you to 1141 apOlOgIZe, Is th.l correcl? III! A: I'm nOt sun:, becawe I w.. never .cluaUy I [Il told, 1171 C: Did you .ver .pologize to her? III A: 1'10,1 did nothing wrong, IIIJ C: I beU.v. th.t you also ,.id . UttJe while .go I['~ that YOll ulk.d WIth Sheldon Eisen,And I 1'"1 don't ~now whether you me.nt .bout this {'7I compu[C:r incident or about Dafcy in general. 1[1'1 Could you c1:uify th.l for m., ple.se' 1["1 A: Ye., Darcy - Sheldon Clme to me, H'1l C: Ok,)',A!t.r this computer incident' Itlll A: Yes, I[I~ C: And what did he say? i'''1 A: H. ask.d me why Lisa ...., up,et .nd wh...s wrona '[1'1 WIth hi. department, :f'01 0: Whv Lis. ..... upset? 'I::: A: Y.s.' wllv sh. w.. .ngry, ,_, C: Wh.t el,. did he say '0 you' ,(2:I[ A: H. ,ust as..d me why, if I kn.w, ,~'I C: And what did you ,say' "I! A, I 'aId, v., I do, And I ,..d Darev ha. two Page 74. Page 77 ~Z2) Min.U,Scriptlll> FWu., & McLucas Reporting (800)23~.9~:Z7 .-.......... ''''- Wln1&ed F, Ruth v. Mcrck,Mcdco ax Services of PA, LLC - --... - - Winifred F. Ruth May 19. 19911 - w PIgl80 ('I days ""cation, observe your olflce .nd .ee how III your employee. work, He dld,And 1 ..Id - 1>1 [WO day. bIer l..ld do you undenund,And 101 he ..y.. ye.. 1 do, leU me .boUl It, ThO( W,15 III hla euCl words, III Q: Whll dld you leU Iwnl C7I A: 1 laid him Ihe bCllllal .he W,15 oUlol Ihe III o(ftce everybody gOI .Iong. everyhody ....,. III happy, II changed Ihe work enVlnmmenl, Ihere ('OJ W2S no le~ion. no stress. ""1 Q: Anylhing else you remember lelling him in IlIIa I'" convel'$ltionl (131 A: No, ('01 Q: Old you ulk .bouIllIls is.ue willi Ihe I'll compulerl 1111 A: No, 1I011h.. I Cln remember, I'~ Q: At any time did Mr, Eisen leU you Ihat Darcy ('"I w:anted you 10 apologize aboulllle compuler 1111 conunen15ll1at you made? IZOl A: No,1 believe he w:anted 10 and he w:a. going 12'1 10. but he approached it wrong, There w:a. like 1221 - early llIat morning - Darcy .115 - CZOI Q: I'm lIOrry to CUI you 01(, What momlng are you 12<1 relerring 101 1211 A: The morning 01 llIe incldent, PIgI 78 ' 11'1 A: Yes, '/11 Q: Th.t's where you >It, Kmd 01 dl3~orully lrom , [31 you Los .. (halr where Darcy !SItS? 'I-I A: Ye., III Q: Is Ihat a cuhlcle a. well? III A: No, It'. open, rrJ Q: II's an opcn arc:!. Next to O;arcy ur! guess 1"11 goinllloward Ihe left is where Sheldon Ei.en III sll.1l I'll! A: Ye.. maybe 12 Inch... tl) 14 mche. apan, 1"1 They're very clo.e, ('" Q: That'. a chair a. well? 1'3) A: Ye.. and llIat'. expo.ed, 1"1 Q: Then - 1111 A: Acro.s llIe room In lront 01 my de.k is where 1111 Joe Favinger .il., I'~ Q: BUI you were in a cubicle, Is lhat comCl? I'"l A: Ye., I w:as, I'll Q: So llIere would have been a w:I11 or a panitionl IZOl A: I w:as in a cubicle, Usa was in a cubicle and 12'1 Joe Favinger ""'s in a cubicle, 1221 Q: Thank you, I III Ink you were .uning to IZII describe llIe morning 01 Ihe Incident, So 1 120J guess we're ulking about Aprilllle 181l1,You 1211 were going to de.cribe .omellling or . ('I Q: Okay, Go ahe:ad, III A: He .115 a. clo.e to her.. I am 10 Ma.1<, my I>J anomey, (OJ Q: II your anomey h.. a pen or you have a pen, III jOlt because Ilhlnk It will make a bener (I, record. why don't you dl2w lor me where C7I everybody .115, III A: I have to d12w? III Q: I w:ant you to dl2w as you were about to I'll! describe, 1"1 A: All righI, I'll jll5t PUI a chair, ThaI" 1'21 where llIey .il, ('3) Q: Can you nlark who llIal i. llIal you're drawlllgl I'OJ A: (Marking), I'll Q: I'm 1I0ing 10 have llIe reponer mark 1lI1. a. 1111 Deposition Exhibll 3- "'~ (Rulli Depo.ition Exhlbil Number 3 marked I'll lor identillcation,) "II BY MS. MARKS: 1201 Q: Mias Rulh, you have JWI drawn, and I'm hOlding 12'1 il up 50 you can .ee iI, I know iI" kind 01 1221 hard, Thla apparently is where Lisa sil5 in 1:1>1 Ihe lap nghl,hand comer of Ih.. p.per' /"" A: Across lrom me, yes, 1'1) Q: Across from you' Pig. 79 Plgo I' 1'1 convenation you had willi Mr. Eisen, /11 A: Okay, Darcy and Mr, Eisen were whispering and 1>1 Mr, Eisen put a no Ie on my de.k, Meeting al 101 II :30, He did nOI dale it, say what Ihe III meeting wa. about, Well, 1 couldn'l read his III writing..o !C~ Favinger read ilIa me, I C7I ..id, whal d,,(s llIi. mean we have a meeting at I"J II :30. becawe he suned to galller lhe people III becau.1e Ihey did not explain what It w:as about, I'll! Q: Who W2S he? 1111 A: Mr, Eisen, He JWI said IT.eeting al II :30, ('3) They whi.pered, Darcy gO! up from her chair, 11"" They're heading oUI 01 llIe inveOlory door and 1t'41 he 5:lYs come with me. we have a meeting.! 1'1) ..Id no beause he had nOI approached me, He 1"101 did nO! explain 10 me whal il w:a. .bout. whall III~ was .uppo.ed 10 do, where we were going. but he II"J "I there and whispered wilh Darcy, So , II'O! appareOlly Iho.e [WO knew, Nobody laid me, So 1"20/ I refused to go, That was very unproCessiorul, ,12'/ 1 also called Mr, Eisen out iOlo lhe 1C27I w:arc:house. wid ham his nOle was l{7Jl unpmfC:~:1I()nal. that the next time vou Want to 12'1 5(C me: tor ;anythinJt(. you ,1;&(( It. '1KJ1 U ;ind '12S] tcU me: what the: mc:c:unJr( IS JhOllt Filius a Mclucas Reponing (1l00)233.9,i27 Min.U,Scrip~ (23) Page 78, Page 81 Wlnltred F. Rulb- May 19. 1998 - III So then I'm sure thaI incideOl Won .uU /II abouI her needinK an apology for the compu,er 111 beinK .but down, I can't illY, I'm jLUt ~I usumlng, I~ 0: SUI you knew she Mnted an apology, correct? III AI I didn'l know an>'thlng, I'm asswrung, m 01 Why are you lS$umlng that then? 1'1 AI Secauae It wu ,tllJ a thorn 111 her ..de, /II 01 I'm sorry? 1101 AI An expression, I nil! think she w.. unhappy 1"1 about It or up.et, Due to the bct that .he i'" lot nowhere with M2ura Snow. .he weOl b.ck to i'OJ Eben and lIied to get -ju.n continued WIth 1"1 Eben on the silU2uon, 1111 01 And you assumed sbe MOled .n .pology? I'll A: Yes, And I'm assuming, Nobody ever told me, I'~ He didn'tteU me, He didn'l ClU me into. I'" meeting .nd illY 1 h.ve a meeting .t II :30 with i'lI Darer. she MnlS .n apology, He didn't do IZOI that, Why didn't be do that? 12'1 01 WeU, you never gave her an apology, correct? 1221 A: He never told me she "....Oled one, 1221 0: Old you ever give her one? 12<, A: No, 12~ 0: So, Mbs Ruth, you refu.ed to .nend the 1'1 meeting th.t Mr, Eben left you the note abou" 121 Ia that correct? 121 A: Ves, ~I 0: Old you ultimatel}' meet with Mr, ELsen .nd MLs. III Messimer? 1'1 A: Yes, m 0: And It "'IS th.t ..me da}', "'IS it not' ~I A: Yes, ~I 0: Whal do you reClU Mr, Eben telling >'ou when 1101 you met with Mr. EUlcn and Darcy Messimer? 1"1 A: Mr, Ei.!en asked me at. very b.d urne, he knows 1101 I have to h.ve . drug hOLUe order in, U I '''I don't, they don't deliver th.t day, I told him '''I that I'd be WIth him in five minutes, I jLUt II~ need to complete my order, Alter 1 got my drug I'll hOLUe order in I wen, over .nd he h.d ClUed II~ D.rC)' and myself in,o the room and he sa,d to 1"1 me, Winnie, 1 don', tii<e thi.! the "'I}' you act, 1"1 I need you '0 be professional and he said 1201 Starting Monday moming I MOl you two g,u-Is to "'I be bdles or -I don', remember what he ClUed 1221 LU - I waol you to be professional. 12>1 I responded by if youre supervision and (24) you \VJ.m me to be profcssional. 1 proffiJ~e )'ou 12~ stamng Monday morrung 1 wiU be profeSSional. Page 82 . Page 8S (24) .- - - ..... \\> ulilrclJ .., Rulli ,', Merck.Medeo RX Servico of P.... L.L.C pag_ 84 Pllge152 I . I'I I w,U sa)' heUo 10 her. good.bye 10 her .nd I /II 'reat her prof....onaUy, I did nOI h.ve a , 12' probl.m wllh th.t .'nee he "'IS requeSl1ng ,h'l ; 1'1 aCme. I [Il Q: Dldn'( It abo come out 111 this mceung mat 1111 Darer "''IOled .n 'polog)" ,f7I A: Never, i III 01 DIdn't .he teU you she waOled .n apolob'Y' ! JV1 A: No, iPa] Q: At some paim you got up from thiS meeung and II'" rerurned to your cubicle, Ia th.t correc,? 1'01 AI When I returned - the reason th311 got up.. I'OJ weU, I "''IS standing, She was Sitting and I 1"1 was standing, The re:l.SOn 1 returned to my I'II~ cubicle IS becaLUe Mr, ELsen looked at Darcy 1111 and he said to her, 1 know you don', tii<e II'~ Winnie .nd he sel her 0((, He's new in the I'" departmenl .nd he doesn't I<now her tii<e the j1'~ previoLU supervi.or or tbe employees because ilZOl Sheldon was new intO the dep.rtment, He didn't 112'1 know of her previoLU 'cUons,And he saId I 1221 I<now you don't tii<e Winnie and then she stlned 112>1 h.r sere3ming .nd saying how dare you say thaI, 112'1 why would you say that. that's nOI true, I do 11251 tii<e her, SlOp putting words in my mouth, Pago 83 I I 1111 I I 121 A: Ves, He set her orLAnd 1 s.id to him, you j 121 handle I', I'm going hacl< 10 m)' cubicle, I h.ve , ~I won.: 10 do, I Went bad: to my cubicle .nd sal : [IS) down. I I~ 0: So you sat down once she began .cre.ming al Mr, : 171 ELsen' i "1 A: Ves, 'JV1 0: M15s Ruth. you returned to your cubicle? :1101 A: And conunued worilling, il"l 01 And continued won.:ing, Didn't you stan lnaking ip21 conunc:ms from your cubicle about Darcy ill:J] Messimer? 'I'" A: Ok'y,Afier she St:Ined her- iP5'l Q: Wc:U. yes or no? :I'~ A: Ves, 'II~ 0: What did you - ;1"1 A: I did not ma.I:. . comment to her, 1 spoke to 11'91 myself and I m.:J.de :l comment fa my:u:lt. I never ,f201 [tor out of my chair. never Went OVf'r to her. '(2'1 never faced her, I rn.;Ide a conunc:nt (Q mysclf 'f:l2'1 and the comment 9w"3S. no wonder you see doCtors. Inl lcm:n to you - IO'AI Q; Im !'iom'! I~!il A: The co~nu:nI could have been and ic may have Pogo 85 0: So she was scre:uning .t Mr, Eisen? Min-U.Scripl'h FiUus & McLuca.~ Reponing (800)233-9321 - - Wlnlfred F. Ruth v, Merck,Medco RX Services of PA, LLC - I'I been thaI no wonder you go 10 a p.ychuui>l, f"lI Just listen 10 you. bUI th21 conunelll was ilOIlO f3J her, I" a: I undersund, bUI you oald Iloulloud? I~ A: I oald It to mysel! oUlloud, I~ a: And It was OUt loud? (7J A: Ye., III a: And you reierenced the bct thaI .he saw a III poychuln", Lm'l thaI correct? I'" A: Ye., 1"1 a: At thaI polm dldn'l Mr, Eisen :L!k you to SlOp? I'~ A: I never oaw Mr, Eisen's bce, 1"1 a: I undemand thaI, 1"1 A: No, I'~ a: No, he dldn'l ask you 10 Slopl 1"1 A: No, II~ a: No. he dldn'l? 1"1 A: He don'l even know whal happened, III! a: He dldn'l commenllO you from the other side o{ 1'101 Ihe deparuneOl asking you 10 SlOp? 12'1 A: SlOp whal? II W:L! a faSl - [22J a: Making a commeDl? 12>1 A: No. bea....e he probably didn'l even hear iI, I 12'1 was nOI near him when thaI commenl was made, 1201 a: I understand thaI, You were sitting In your 1'1 cubicle, So if we look al Exhlbll Nwnber 3, f"lI you were Sitting In the box marked Winnie? 121 A: Yes, 1'1 a: And where was Mr, Eisen sunding or sinlng? I~ A: At his desk, 1'1 a: Al his desk, which would be the chair, desk, (7J whalever, that is marked Sheldon? III A: Well, I really can'l oay bea....e 1 left, I III weOl back 10 my cubicle, I don'l know where al 1"1 th21 polnlln time he was slanding or sitting, 1"1 a: He wasn'l standing or sitting in your cubicle? I'~ A: I an'lsee through iI, I'" a: I undernand, BUI he wasn'l 'landing or 1"1 slnlng In your cubicle with you? II~ A: No, He was still deating wilh Darcy, I'll a: Mer you made the commeDl oUlloud no wonder I' ~ - something along the tines o{ no wonder YOII 1"1 go 10 see a psychuuisl, I believe were your lI"l words - is that correct? 1>01 A: Yes, 121/ a: - did Mis. Messimer come and block Ihe [22J enuance 10 your cubicle? tnl A: Yes, across Ihe room 10 my cubIcle, 12'1 a: Well, whal do you mean across Ihe room 10 your I20J cubicle? ... ..-& - - - Wln!fred F, Ruth May 19. 19911 Pogo 88 i 11'1 A: She C;lme acro.s - f"lI a: Righl,And slOod In Ihe enlr.lnce""'3Y o( your CJI cubide ~o lhat YOU could not get our? 1'1 A: That's '()rr~ct. 1 aSked her to nll}ve :lI1d she: 1'1 {olded her bands and .,ud she was nOI mO\1ng, 111 a: She was upsel, w:lsn'l .he? (7J A: AppareDlly, I mean, pll.'lhll1K cha;,'s and "1 slamounK doors and .cn:anung is upsel, III a: Well, do you know she pu.hed chairs and .lammed 1101 doors if you couJdn'l see? 1"1 A: You could hear iI, I'~ a: BUI you couldn'l .ee il. correCt? 1"1 A: No, I could 001 .ee iI, 1 could hear it. 1"1 a: Miss Me..lmer refwed 10 leave Ihe enlr.lnce 10 1"1 your cubicle, Correcl? 1"1 A: Yes, she blocked iI, I'~ a: She staned yelling, Is thaI correcl? 11"1 A: She suned yelling at me, She charged al me, 1"1 a: Well, whal do you mean by she charged at you? 1'101 A: Walking very faSt ill charging, Next 10 121/ running, [22J a: She WoIlked very fast? 12>1 A: Yeah, 12'1 a: From lhe enlr.lnce 10 your cubicle? 12~ A: No. {rom her chair - I could not see, I don't Pogo 88 Pogo 87 Pogo 89 11/ know where she came {rom because I'm In a f"lI cubicle, 121 a: I understand, I" A: I jU51 know wben she approached me that il was , ! I~ very fast, 11'1 a: And when you say when she approached you. when , (7J she plaOled hersel! very fumly in the enuance I1I1 10 your cubicle, Is thaI correcl? I ~1 A: That's correct, II'0J a: She WoIS yelling, Is thaI correcl? 11"1 A: I couldn'l say if she w.s yelling. I PUI my III~ hand on my bce, I don'l know whal she was 1"1 dOIng, I was jusI {earing for myself, 1'''1 a: Well, whal happened when you PUI your hand 00 ,,~ your face? II'" A: Wh.1 happened when 1 PUI my handonmy{aceand i(1~ I ilMledUlcly 11.01 up 10 Kel .way {rom her, I i"'J waOled her away {mOl me, I W'3Oled away from I I"'J her, aod 1 weOllO gel out and 1 never at any II>OJ lime rai,ed my hand to fighl wilh her or injure I I~" her or aruck her, My lnunedi:ne IhouKhI WoIS 10 112>1 gel away from her, 11"1 a: 11111 ,he w"' hlock,nlllhe exit and eOllanCe, 1(;1'41 Correl.:t? I'" A: Ri!tht, I had no Olher way, FWtL~ & McLuc:L~ Rcportln" (HOO)2H-9,i27 Mln.U.S('rip"~ (2"1) PaRc 116. Paac 89 W\nUrc:d f, Ruut' May 19. 1998 "I Q: Didn'l you hil h.. aI 50me pOUlt' 121 A: No, ~I Q: Old she louch you? ~I A: Yes, she did, III Q: And you didn'lloucb ber back? I~ A: I did nOllouch her back, When she lOuched me i7I sbe injured me, III Q: Well. dldn'l Mr, Ei!en come in.t some point III aDd suck hi! hand WlthUl the two o( you? ,,~ A: I never saw Mr, Elsen aI .ny time, no, 1"1 Q: Mi!s Ruth, leI me lust finish my quenions I'~ before you answer, I'~ A: I'm 5Orry, 1"1 Q: I'm doing thi! (or the bendil o( the coun "~ reponer, II will nuke our recOl'd a 101 1111 as.cr. I'n lappreclllle you dldn'l see Mr, Ei!ens I'~ bce, Didn'l you see Mr, Ei!en stick bi! hand I'~ in between your.nn or your body .nd Darcy "'" Messimer's body or urn! ~II A: No, The reason being, probably when. I ~now 1221 when I leaned bac~ in my chalt I closed my 1221 eyes, I may have Still had my eyes closed when ~" I gOI up 10 get away from her, II could hJve 1251 been al tha! poinl in time, I never $Ow Mr, III Ei!en or hL~ hand, 121 Q: But you hil Mr, Ei!en's ann al some pOinl, \11 didn't you? ~I A: I never touched thai man, I'd iike 10 ~now how I~ he gOI around her, The cubicle is thi! wide I~ (Indicating) through 10 gel in and Out, It's i7I DOl Uke this, I['s nOI open, No people could III even fit nCOIr it. I9l Q: I'm soIT)', 10 nuke the record clear, when you '''I held your hand> .p.n, do you esumale thai a! '''I [WO (eet approximalely' ,,~ A: Maybe lWO .nd a half, I'll Q: Two, lWO and a hall (eel' P'l A: You can'r even get a chait out ot it. I'~ Q: So your testimony i! that D>rC)' Memmer hit PIl your arm.) I'~ A: Darcy Memmer (ll'abbed m~' .rm w,th all her '''1 ruenllth, She dug her I\:IUS intO my 'rm. She :'~ pUI four blac~ .nd blue mari<s in my arm and ,.", SIll! retu..d 10 leave my cubicle, She slOod "'I there with her antIS (olded .nd s.,d I'm nOl 1221 mOVU1g, 1~1 Q: Didn't you push her arm awoay' ;241 A: I never touched her. The only rhln~ I dl(J WJO; Il~ hold mv h.nds up 10 my face III sell dere",e Pogo 90 Pogo 9' - -- _ ..,nlfrc'u r. RuUl ", Merck.MedclI RX Services IIf PA. LL~ Pogo 92 t III Q: DIIJ you !lUln yeUm~ a1 Ml~~ Ml:)bI.l1lCr! 121 A: No I ~I Q: W.. Ihe yd~"1l "' you' I ~I A: I do"l remember, I,~ Q; Wh.1 h.ppe"ed n<:Xtl 'III A: Then aner she lllJun:d me 1 50! bock down .nd I i7I ..,d - she ....", sull lunwng uver me and I III Slid - I couldn', gel out, 1 didn't WolD! her III 10 gr2b me alW/l, 10 1 sa,d 10 Sheldon. ple.,e I'~ Bet 'ecun!)' and l53t there, ( 53,d, Sheldon, 1"1 I'm mal<lnBa ,ecood request, pleale call "~ 'ecuri!)'.1 am hun, 1 need help, He never I'~ caJJed ,ecurity, He never gOI me any help, 1"1 Q: BUI .. br 3.! you ~new, he wa'n'l even suodlng I'~ mere, Isn'l th., what your le'timony......1 "~ A: RighI. .ssuming he "''a' in the room. beC1l1Se he I\~ ...... tbere when she Clme acro55 the room, He 1"1 ...... "'U.ing 10 ber, So he ....ouldn'l have run I'~ OUt of the room, He "''a' still in the room, "'" Q: Well, how do you ~now thalll you couldn't ,eel ~\I A: Secun!)' gllllrd> told me, They saw him liltinB 1221 in his chalt with his anns (aided not doing 1201 an ything, ~'I Q: Which ,ecuri!)' guarw were thosel 112~ A: I think It ...., e,ther Eric or Tom. one of me I ...;- 83 I ' ". I III secunty gw.rw. i 121 Q: And when did you 131.1.: to the security guard5 121 aboul this ineldeD!1 ~, A: I ,howed them my .nn and I said ( am I~ lemun:lled, loo~ ....hat she did to me, And 1 I~ think that ",..s whar the~' told the police I i7I report, 1 had her arresled,And they IOld the I'~ policeman th... III Q: So aner you were lermin:lled you ",!ked 10 one '('~ o( Ibese security guard> and 53,d I've been 1"1 lemunated.look what ,he did to mel I'~ A: Well, I mean, we havent fllli.shed the SlO!)', i"" Q; 1 undem.nd that. You broullht up the ,ecurity I'''' guards, I just ....ut to ..k abOUl the security I,'~ guard, ar thIS IIWlUle, 1"" A; O~.y, i(ll1 C: You tcsufied :hcrc w:u a secuJiry Guard who ;1111 mid you Mr. Eisen 'Ao"':lS ~mung mere With hiS ill~ anns (aided, Correct! 11201 A: The 'ecurl!)' guard lold the policeman that he i~11 "'.., SIIung there WIth hIS arms folded, 11221 Q; Ho.... do you know ....hat the secllnty guard lold Iml thr: poHcerrun? Were you there? '''' A; I 'poke w,th the 'ecunry llU3rd, 1r.z51 C: Wrre vOll thc:re when he ulkc:d With the Page 90. Page 93 (26) Min.U.Script"Jil Filius & Mclucas Reponing (800)Z;B.9327 ~-'~ WIolfrcd Po Ruth May 19, 1998 1'1 wronl exhlbll, Can you band dm back 10 me? IlII I'm 1OrT)'. Mila Rulli, ClD you We a mlnule 10 '" review lIIal exhlbll? ~I A: She did nOI Ule lIIe word IP'O" misconducl or 111 anybody did nOI UJe WI word, III MR, EMERY: Ju.st review il and she'U uk 171 you IOme questions, III BY MS. MARKS: III C: Is lIIis lIIe lelter lIIal )'OU received from MaurJ l'IlI Snow relating 10 your lermlnation from 1111 Merck.Medco? I'll A: Yes.llIIlnk, 1'01 C: I'm 1OrT)'? 1"1 A: I'm not sure, I know I received one leWog me I'll that I was lennlnated (or IP'OI5 misconduCt, 1111 C: Do you have any reason to beUeve this is nOI I'n the lelter lIIat )'Ou received from Miss Snow? {'III A: No, l'IlI C: ADd your testJmony is in lIIe cunversation you l20I had willi Mila Snow 00 April 18th she did nOI 12'1 teU )'Ou )'Ou were being tennlOllled (or IP'Oss 1221 misconduct, Is lIIat correro l20I A: No.1 was termlnaled beCluse Ilouched anolller Ia4I employee, 1211 C: I'm 1OrT)', lIIat's what she said 10 you or 1'1 lIIat's what )'Ou're leWog me? I2l A: I'm sure lIIat's whal she said 10 me, The word I2l gross misconduct never Clme up, 141 C: Okay. But sbe acknowledged lIIal you louched 111 Miss Messimer? III A: Yes, 171 C: ADd you did toucb Miss Messlmer during lIIis III incident, ri&ht? III A: WIlli my hand in froot o( my face trying 10 gel l'IlI away and blocking my cubicle I'm sun: I did, 1111 C: Rl&ht, You tried to with your hand in from o( I'll your face as we've described before - 1':11 A: To get OUt, 1"1 C: I understand. but let me llnish the question, I'll You had )'Our hand in fronl o( your face, and I I'll know the record is kind o( bard to demonstrate ('n what ('m doinl. we described It eariler, your I'll palm was open. your hand was in fronl o( your I'll eyes. as I'm doinl. your fingers were kind o( l20I .pread apan, Is that correct? Is this an {'2'1 accw,ue - 1'21I A: I can't say my flnlers were spread apan, 12:1I C: You had your hand in front of your f2ce with {'2'1 your palm facing ourward, Is that correct? 1'211 A: Yes, Paae 98 - Page 101 (28) - .... Winifred F, Rulli v, Merck.Medco RX Services of PA, LLC - PIg. ge I Plgl lOa 1'1 C: You louched Miss Messlmer's amu when you med 1'21 to puah her away from you, Isn't Ihal correcl? 1'>1 A: I don'l know whal Ilouched, 1 don'l even 1'1 remember ,ouching her, AlII remember is my III baod in front o( my face and 1 wamed OUI of my 111I cubicle, 11'. 10U&h nOI.o louch IOmebody 171 thaI's blocking your cubicle, Whether I 1'1 ,ouched her ann. face. I have no idea, 1 don't III know, I'~ c: You .ouched some pan o( her body? 1"1 A: Yes, She said I did, I'll C: WeU, you 1= lold me 1IIa! you did, I'" A: I don'l know, 1"1 C: In .rying '0 push Miss Messimer away I.'s I'll likely that you louched some pan o( her body, 1'11I Isn't that correct? I'n MR, EMERY: Object .0 the (orm, You can 1'11I answer as best as you can, 1'11I A: 1I's possible, I2IlJ BY MS, MARKS: {'2'1 C: 11 would be kind o( bard 10 push someone away 1'21I it you didn't louch pan o( lIIem, don'l you 1'2'1 agree? {'241 A: That's correct. yes, 121I C: ADd what 1 beUeve yow leslimony was is when Plgl 99 PIgs 101 1'1 you talked with Mil5 Snow on April the 18111 and 1'21 she ,old you you were tenninated. she told you 1'>1 you were terminated (or touching anolller 14' employee, Is lIIat correct? [II A: Yes. you're nOI aUowed 10 louch another ['1 employee, ADd that's when I tried to leU her 171 my side o( the SIOry, lIIat It was in sel( ['1 defense, She Inlerrupled me and said [said III you're termln:lled, ['~ This country is freedom o( speech and I ["I was never aUowed to say anything. not aUowed ['II 10 "peak, not aUowed 10 h.v'e my (reedom. but 1"1 Darcy was aUowed 10 srand lIIore and talk to 1"1 her in lIIat o(flce, talk to her on the phone I'll when she lermlnaled by telephone, She caUed I'll her and said don't come in, Who knows what aU I'n the conversa.ion was, [ was not Ihere, So why 1"1 was she aUowed 10 talk and I wasn't? Whal are l'IlI they .,mming this on. Darcy? How can you make I2IlJ an assumption it only one side is speaking? {'211 C: How do you know that Mau.... Snow lerminated 11221 Darcy by .elephone? 1231 A: Usa lold me thaI sbe came in (or her 1'1'2'1 belonHings the (oUowmg morning and brnu!llll 12~ her ~lSter along to clean out her desk, Min-U-Smptll fWu., ... McLucas Reponlnll (800)233-93Z'7 .. - ~ Wlnlfrcd F, Ruth v. Merck.Medeo RXScrvlccs ofPA, LLC --- - ......... ,~ r> ,- - - - - ~ Winifred F, Ruth May 19. 1998 ,- - III conllOl, 1"1 Q: How do you know that? ~I A: Because 1 wu In the otllce when Ihey had th..r 1'1 OUI at control.. when DlIrcy WilS uut of control I~ wtth her, ,~ Q: When was that? 171 A: In 1997, III Q: Tell me what bappened, 1'1 A: II was an iJleldent about Darcy did ordenng (or "~ her and they were scrcamlng and yelling, Darcy '''I W2S yeUlng at her aDd telling - you know, "~ there was a conversatlon aDd - '''1 Q: Sbe wu yelllDg back, wasn't she? 1"1 A: I'm not SW'C 1/ she was yellinll back or not, I "~ know Darcy wu yelling, I'll Q: Okay, Go ahead, "~ A: That's I... '''' Q: Have you ever talked with Marie about Darcy ''''I Messimer's behavior? ""'I A: No, 12'1 Q: Old you ever complain to Marie about DarC)l's I'22l behavior? f2:11 A: No, 12'1 Q: And have you spoke. with her sinm you left 12~ Merck.Medco? Pog."2 I II'I 1171 I ~I 0: They arel I'" A: Ye~, , ' 1151 Q: So In yuur e;ulicr IC!iUmony when you testified 1'" - your earlier tesumony 10dAY when you 171 lIldlCAted you had not received Exhibll Number 11'1 {J, you were wrong when you ,aId Ihal, l5 thaI 1'1 correct? 1"1 A: Yes, 1"1 0: ^nd.in tact. you dld receIve ExhIbit Number 6 II~ from Maura Snow, Is that correct? 1"1 A: Yes, 1'''1 0: ^"d could you read (or me, and I don't are 1/ '''' you read from 6 or 8 because they arc the same '''I lenen, Is that correct? "~ A: Yes, However. they have my 112me spelled wrong, 1"1 0: But the lener that i. Exhibit 8 is the same "~ IdentiCAllener that is Exhibit 6 Correct? f2Il1 A: Yes, 1211 Q: Could you read tor me inlO the record. please. IZll the 11m pangr:tph ot whichever copy you'd f2:11 Uke 10 read from} 12'1 A: "I received your May 2nd. 1997 lener 12~ requenlng an explall2tlon ot the company's 1'1 A: No, 171 MS, MARKS: Is this an okay time to break i>I tor lunch? I" MR. EMERY: It's line by me, ,~ (Luncheon recess taken) "1 BY MS, MARKS: 171 0: Miss Ruth, you're aware that you're still under III oath, Is that correct.> 1'1 A: Yes, "., MS. MARKS: CaD we m:ttlc this, please. as '''I the next exhibit, "~ (Ruth Deposition Exhibit Number 8 m:trked '''I tor Identificatlon,) 1"1 BY MS, MARKS: II~ Q: Miss Ruth, you were JUSt handed what's heen 1"1 "",rked as Deposltlon Exhibit Number 8, Could I'~ you take a minute 10 review that exhibit, '''I please, Miss Ruth, is that a lener that you 11" received from Maura Snow? """ A: Yes, 12'1 Q: I would ask you now to pull out whal has 1221 previously been ""'rked as Exhibit Number 6, f2:11 Could you place Exhibit 6 next 10 Exhibit 8, 12'1 please' I2S' A: Okay, Pogo "3 Pig. 1... Q: An: those the same lencn, Miss Ruth? A: Yes, Poge 1'5 III statement that you were discharged (or gross m rrWlconduct, Simply, It is the the company's ~I positlon that your participation in a physlal 1'1 alterCAtion with a co-worker. the act wh.lch led III to your <llicharge. amounted 10 gross I~ rrWlconduct," 171 Q: ^"d you'd agree with me thaI with thaI I" parallr:lph Miss Snow was explaining tor you what 1'1 the company meant by gross misconduct? '''I A: Yes, 1"1 Q: Okay. you can pUllhat ,w,y now 1/ you W2nt, "~ Miss Ruth, 1"1 MS, MARKS: C.n you ITI:Irk Ihis, pleas<. as 1"1 Exhlbil9, "II (Ruth Deposition Exhibit Number 9 m:trked '''I tor Identlliatlon,) I'~ BY MS, MARKS: 11"1 Q: Miss Ruth, if you could uke . rrunute and ,1'91 please review whal's been ITI:Irk<d .s Exhibit 9, ,""'I Miss Ruth, is this Ihe application that 1,,'1 you submined 10 Merck.Medco (or employment !lr1l with the company? '12'1 A: Yes, '''I 0: I'm sorry' I'" A: Yes, Filius '" McLucas Reponing (800)233.9327 Min.U.Scrip~ (39) Page 142 . Page 14' Wln1frc:d F, Ruth May 19. 1998 Page ,.us 1'1 Q: M<l on me b.c~ 01 P.~e I, which I ~ue" ....ould m be P.~e 2 lechruCllUy at ml.> exhibit I' ,h., 01 your "1lI"'"1J'C "Ihe btmom ollhe p.~e In me I" bonam nglu,h.nd comer' I~ A: Yes, ,~ Q: b II .1.50 your S1iUUture on lIle b.c. at P.ge 2 11'1 or Page 4. tlI.,', your 'Ign;arurc .1 weU' I" A: Ye" 1'1 Q: Md II" <tI'ed December 2nd 011QS8,l> m., POI correct. 1"1 A: Ye" I'~ Q: Md when you 'Igned thl.> ,ppUClIuon you I'" :atfinned tlIat tlIe .nswe" you gave In tlIe 1"1 ,ppUClItJon were trUe and comp'e,e 10 tlIe be" I'~ ot your knowledge, 15 lila, corncll I'~ A: Yes, I'n Q: Mi55 Rum. did you ,"bJtll,1Il1s appUC:ltion 10 fl'l &Omcone? 1''1 A: To Merc., rzoI Q: Was there. 'pecillc indiyjdUllI tll3l )'OU banded n'l tlIe appUcouon '01 I'DI A: Yes, "'I Q: Who .....s th.,? n', A: A humon resources supervilor - hum.1n resource, n~ employee, Page '-'7 I" Q: Do you remember who that person .....s? m A: No, They sW1lcbed in len ye... urne several - [11 1 don t remember tt1eir name. I" Q: Md II S2yS on this .pplication, doc, II nOI al the lOp o{ Page 1. that you appUed tor a I~ receIVIng cler\: position? [II A: Yes, [I) Q: How did you learn that there was an avai.12blc 1"1 position that WilS caUcd receiving clerk? "'1 A: In the newsp.per they .dverwed and I gOI 11 'I Lntcf"\'icwcd. I'~ Q: Well, let', bac. up a second, You saw an ad In 1131 the newspaper? II'! A: Um-hum, I'~ Q: Do you recoU wbal the ad said' I'll A: No, no, I don't. That .....s a long lune ago, I'n Q: Do you rec.U whether the ad spec111caUy ,..d 1"1 that;l rccclVU1g clerk position "''as ;I\"2wblc? 1191 A: No, 1201 Q: Then how did ~'ou know to apply (or a rccClnn~ [21) clerk? f22I A: Bcc:lwC it 91':n J new camp.lOY and they actU4lUy '7.11 dJdn'l h..e deSll!JUled people ""!IJled yel, 1"'1 Thcr~ were only lilI:e 99 employees OInd when you :2S] ~ot In there thc\' as'\IJWcd You PWiltJOn'i, I "' Page ...6. Page 149 (..0) - - ..lnlf, eu I', RUlli \'. Merck.Mc:dco RX Serv'Cc~ of PA. LLC Pig. ,.8 1'1 :&c.:twlh' went 101' rcccl\'Ul~ clerk hut that' '" nlll wh.. I ~Ol asll!IJled 10, (')1 Q: RJ,ull.1 ~UI:U WhiU my qUC'l\Iuon l!!l, thefe ""j15 I" it hlJn).; on the lOJ" or th~ ilpphouon, You (fl &cc wher'C n &ilY! t1uMuon, with .an Oil, I~ Applied For and 111... y"ur handwTlung,,, II [II nouha'lUled ,n recel\'n~ der\<' lit A: Yc~, I~ Q: Why dJd vou pic. recel\,ng de",' 1"1 A: U.cause I \\~. t'Jtllli:lr ...'lh warehou.e ....or\: and II'" pmduClJon wor\<, II'~ Q: So ,h.t \\~.. lerm that you uo.dl II'" A: reo, :["1 0: After seeing the ad\'crt1scmcnt tn the new5papcr II'~ dJd you caU someone at Merc~,Medcol il'll A: \'e5. 'I'n Q: I'm oorryl 11'11 A: I caUed the number that Won U1lhe newspaper, '1''1 Q: O.ay, Do you reClll who you spo.e willl/ irzol A: The hWll3n resources supemsorlhat was there in"~ alllle ,une, bUI Ihe'l long gone, I don't even II'DI remember ber /Ume, I I"" Q: In that converS2uon do you recall wbat sbe I'''' $;lid '0 you? 112~ A: I reC:lU whall said [Q her, Plgl '.9 1'1 Q: What did you say 10 her? 121 A: 1 said mat I bad called several <tIys .nd the [3J line i5 busy and what do you have [0 do to get ,., an appUC:ltion and come in {or .n 'nterview .nd I~ sbe said come now and we'U ,ee tltat you gel I [lIane, I went in and she gave me one. [II Q: So you w.ntln that da)',Md can we .ssume : I" !h.tllla: day is December 2nd o{ 1988' : ~I A: res, I gOI blred immediately .nd oaid Ibe 11101 p05iuon is - you're hired, i,,,, Q: Let's ba.. up lor a second, You lustlestilled :I'~ that you spoke Wlm the humon resources : rl3] 5UpC:r'\,sor and you asked her how can ll!Ic:t an ,(1.1 applic:ujon, ba:sicall)'.15 that correct? I'~ A: re" '1"1 Q: Sbe lold you 10 come in that d.)' .nd fdl out (171 an :lpphcauon, I~ that correct? P'I A: RJght, bc:ou~e it ~':Is :n a hotel. the Mamott. 'IHI) It w;un't c:ven at Merck. They weren't even 1701 open yet. So :she: mtervlC~wed everybody :It:l :2'1 hOlet, M.mon llhU1k, and she ...d come OUI 1221 now and fiU out an 3pphcation. I7.lI Q: So Ihe dale you tilled oUllhls .pphC:lllOn .....s [;.0.1 Oecc:mht'r 2nd t'J( 19H8, l~ th;u correct.) ;;>SI A: Yes Min.U.SC1'ipC'~ Flliu., & McLucas Reponing (800)233,9327 -- W1DJfred F. Ruth v. Merck-Medeo ax Services of PA, L.L.C ..'- ..... - -.. - Winifred F, Ruth May 19. 1998 1'1 Q: You handed 1110 tIll5 hWlUn re$ource. I'll .upervi50r when you were /\nuhed, 15th., PI com:Ct/ ~I A: Ye"And you had 10 we a le$l, 111 C: Okay, Were you Imemewed tha, day? 111 A, Ye., fl1 C, Whal type of lest did you t2ke? ~I A: There was prob-ably ~O, 60 queSlloll5 on It, (II common sense tcst. 1'01 C: Do you rec:tU who you inlerviewed wilh? 1"1 A: John Payne, I'~ C: He was tile only penon you in,erviewed WI,h? I'~ A: Yes. 1"1 Q: Where was this inlerview? I'~ A: The ...me loc:ttlon, I'~ C: And tIlis was lnunedi:uely following you filling I'~ OUI tile .ppIiCltlon/ 1"1 A: Yes, I'~ C: And. Mis. Ruth. [ .s.wne before you .Igned thi> (201 appliatlon in both pl:ices you re.d everything 12'1 in Ihe .pplicatlon, 15 thaI correCt? IZlI A: Ye., IZlI Q: Mi.'5 Ruth. II you could turn to the b.c.It of the 12'1 application, And 1 want you to look.. Ihe 1211 portion th.. s.ys Applicanl" SUlement, Do , , I Pouo '.0 i I (I( III give you a wrong defiruuon, Ii'll Employment .. wllJ me.n. th., Ihe employer ('3J h;u che upuon or the opponunny to ccrtTlin.3rc 1.1 ;lIl empluyee (or ;any rc3!Son. for no rC:llion or:n I~ any tilne, Okay? Do you under>und wh., llu51 I~ dellned? fl1 A: Yes, 1'( a: Now thar I've defined It, are you I.mil",r wilh III ,har pnnclple? (101 A: Ye., 1"1 a: You.re famili:lr,And you undel'Slood - mike I'~ ,h." If.n employee h.d .n employmen' I'" contraCt with the comp.ny, then I". your '''' undersuntllng th.. th., principle may nOI (I~ .pply,15 th.. correcl? P'I A: Yes. (I~ a: And you undel~und from the 'ppllcatlon th.. 1"1 you filled OUI th.1 you IWI read inlo Ihe (I~ reCON th.. you did 00' h.ve .n employment (201 contracl with Merc.lt.Medco II you were hin:d. 112'1 you know, in December of 1988,15 th.. IZlI correcl? 12'1 A: Ye., 12'1 a: So you inlerviewed with John Payne [ believe 12~ you ,old me? 1'1 you see th.. In kind of the mlddle of the p.ge? I'll (,'s in bold, I"~. rypewrillen, It say. 1'1 Applicanl's SUlemenl, ~I A: Ye., I~ C: Do you .ee th..? 1'1 A: Yes, fl1 Q: The founh paragraph, can you read th.. ~I paragraph. ple..e, OUI loud? 1'1 A: Thl. 'ppllc:ttlon - 1'01 C: Nope, next one, 1"1 A: "The .pplicant undel'St:lnds Ih.. neither this I'~ documenl nor .ny o((er of employment from the 1131 employer constitutes an employment conU"J.cr ("I unless. .peclllc document '0 th.. efleCt i. I'~ execuled by the employe rand employee in I'~ writing," I'~ Q: So when you completed this .ppllc.tlon you 1"1 underslood. Ihen, ,h.. you did no, h.ve .n I'~ employmenl conrracl with Merck.Medco, Is that l20I correa? (2'1 A: That's corfCct. """ C: Miss Ruth, do you und<rsund what the lerm 12'1 employment at will mearui 12'( A: No, 12~ Q: Trwt me on this one, Your I:twyer c.n ohject Pogo 151 Pouo 152 Pogo 153 ('I A: Ye., 121 a: Do you recaU how long the interview I:tsted/ ~I A: 1 ~ minu,es, 1'1 a: Do you recaU whal he asked you in the [5) interview? 1'1 A: Where I h.d worked previous, what my fl1 qualifications were. wh.. the lob con.isted of, 1'( a: Wh.. job did he leU you he w.. inlerviewing i III you tor? 11O( A: They didn'l know bec.use they h.d nOI assigned ("( posltioll5 10 .ny p.rticular de.ign:lled penon, (1~ He h.d seven people .nd fill2Uy Ilhink on the 1"1 .econd day we .U gO! in a group .nd he said 1"1 you do thi> .nd that one will do that, So at I'~ that pain' in time they weren', sure where they 1"1 were going to pl:tce everybody, He jusI knew he II'~ needed seven people for his dep.nmeOl, 11"( a: And wh., was his dep.nmenl? I illl1l A: lnvcntory. 1I2O( a: Do you recall what you may have - .ny 12'1 quc~nion5 you may have a,Sked him in the mI imerview? 12'1 A: Prob.bly how moch doe. i, p.y, whal were Ihe 11'" hours, prob.bly what my pOSItion would be, what 1"51 I would he ..sll!l1ed to, and Ih.... prob.bly II, FWu, a McLucas Reponing (1100)233-9327 Min-V-ScriptA) (41) Page 150. Page 153 .. WInlfred P. IbJth v. Mctck,Med.co ax 5ervtccs of PA., LLC ,- - - -- - - WlnJlred F. Ruth May 19. 19911 PI'll '1$0 III """I polltlon)'Ou ..en: 10Ula 10 bold, Cu"",,1 III A: Vel, 111 a: When dJd you lelm whal your p05ltiun WI' KOlOK ~IIO bel III A: I'm nOI Iun: elllctly how many day. Ial.r, It'. III JlIIt thll pru;npdoDllltl.ned COmlnllUl and 171 be I<new I WII an expediter. so he PUI me In the 1'1 - I wenlUllo the olllce .nd he said y.1U wtll III do the ordering lor the medlcatiolU, II~ a: Old he .ver IIlve you. till.1 1"1 A: A Illle .....Illv.n Iller :u an Ulvenlory II~ .peclalilll, I'. a: Let me try and let this Itnjgllt. MIsI Ruth, I'" Mr, Payne laid you you would be doing ordering I'~ lor medlcation, Is that correct? I'~ A: Yes, I'~ a: Old be leU you any other ta.k. that you would 1"1 be performing:u pan of your Joh? I'~ A: No, 1"'1 a: Thlt ..... the only job duty you hadl 0'1 A: Yes, I2ll a: And al thaI poUlt he never gave you. Illle, Q:II Is thaI cO""ctl 12'1 A: No, he never gave me a Illle,They 5talted I2lI havllla- they were .uppo.ed 10 have job Page 151 i 11'1 a: Mlsa RUlh, you've jWI been hand.d whal ha. 1171 been nllrtled a. DepoSItion Exhlbll Il),And al , 1>1 Ihe lOp ollhl' pille II say, Ihal - II hallhe I" words Penonnel Tnn5;&CUun. 00 yuu sce th:n. "1 Mw Ruth' 111 A: Ve., 17I a: I "",urne Ihat the wnllOll on Ilus documeml. ,I' nOl your handwntlllM, 15 dUll C:l)rrrc:r? I"i A: Yes, 1'01 a: You ,.. under the box II "y' 'taIU' - I'm 1"1 sort')', Strike thaI, Under IUme II has your I'D Dime, Wlnifrcd F, RUlh," th.1 co""cll I'D A: Ve., 1"1 a: Is thaI your .ocial .ecunry numberl I'll A: Ve., I'll a: Under the column or the box thaI .ays statUS It I'D say" new hlrc, Do you Ice thall 1"1 A: Vel, 1'" a: And under Job Illle II uys invemory control ravI cieri<, There an: lome abbremuon., bUI do 1211 you .ee thaI a. weill II2l A: Ve., IZIl a: And effective date 1/12188, Do you .ee thatl 12'1 A: Yes, 1211 a: Is thaI the correct birth dale lor you, Pave' 59 1'1 performances. which was lII<e one Ul len years, III And then when union came Ul and th.n they had "I 10 brinalOmebody Ul the ofllce, In order 10 I" brina th.t person in they h.d to Illve W a I~ Illle, 10 they IlIve us a title, III a: And when were you siven a titlel 171 A: Probably maybe 1991 or 1990, 111 a: And thaI Illle you contend Is invemory cooaol 111 specialilltl I'~ A: Yes, I'" a: And what your testimony I.. Miss Ruth, I. pnor I'D to 1990 or 1991 you did nOI have a tille lor I'D your posltionl 1"1 A: Not that I can remember, II~ a: Prior to the lime you learned thaI you were 1'1) invenlory control speciali5t do you recall I'~ whelher you had received a ....ae Incn:.,.? 1'1) A: Ves,1 rec.iv.d . """ae increase ev.ry y..r, I'll a: Do you r.call whether you had b..n promol.d 1"'1 prior to leamina thaI you were Inventory 011 conlltll .peclallst? I2ll A: No, I7lI (Ruth D.posltlun F.xhibit Number 10 mark.d n'l for idenliflcation,) "11 BY MS, MARKS: Page' 11 1'1 February 23rd of 19411 171 A: Yes, 131 a: MLls Ruth. .0 as far a. this form r.necu, you I" wen: hired by the company a. a new employee 111 December 12th of 1988 as an inventory control III clerk, Do you aarce with thatl 17I A: Yes, III a: Do you have any r...on 10 doubl that this form (II is uue :md accur.nc? 1'01 A: No, 1"1 MS, MARKS: Let's lnark this as Exhibit II , I'~ (Ruth DeposxJtion Exhlhit Number II marked I'D for identJflcation,) 1"1 BY MS, MARKS: I'll a: MLl. Ruth, you've now been handed whal's been I'll marked as DepoSItion Exhibil Number II, This I'D Is also alarm Ihat has ,h. words Personnel I'" Transac,jon up on Ihe tOp, Do yuu ..e thaI I I'll A: V.., DOl Q: And, alliin, your n.m. I. In the box marked r:z1J name, COrTee!? 1"'1 A: V.!, 1('2'31 Q: And th:u 1$ your ~ociJI !iccunty number. 111" CO".CI' 11211 A: VC!, FWus '" McLucas Reponing (800)233-9327 MiA-U-ScrlptIIt (43) Paae 158 - Page 161 wlnllred F. Rum v. Mcrck,Medco ax Serrices of PA, LLC PliO. 1704 I 1'1 1990, Seplember 29th o( 1991l and the third onr III the d11le ha. nOI been copied, l5 ,h., correc.1 1>1 AI Yes, ~I 0: So Illooka Uke thal,'ou had theae dedut~lll", I~ from a. leaIt the week endinK May 26.h o( 1990 III IOmelime throullh Dr.cember h.o( 1990, l5 ,h., f7I correCtI III A: Ye., III 0: l5 the.. 50me lelISOn, MI5I Ru.h, why .Il 01 the "~ week. (or the dit(e..", pay periods belWeen M.y 1"1 26 and December ht a.. no. on tho.e pagesl Or I'll Ie. me uk the queation a bener way, '''1 You ju.n d1scu.ued tha. the.. a.. ceruln 1"1 Individual weeka o( paymenllha. a.. copied on I'~ tha. exhlbll, CorreCtI I'~ A: Yes, I'~ 0: Do you ba.e the other checks lor the weeks .hal I'~ would be In between the weeks tha. are copied 1"1 on thaI exhibltl 1201 A: I mighl, I'm nOllure:, I have a whole box 12'1 tuIl o( cbecka, II could be In there, 1221 0: Could you cheelt (or thaI. pleasel "" AI Yes, 12'1 0: weU. Mias Ruth. leI me try and gel this 12~ smlglll, We've esublbhed thaI you beome Paga 17S "1 lead Invenlory conlJ'Ol cieri< In April o( 1990, III Correcll 1>1 A: Yes, "1 01 You know that from a.lea.. May 26th o( 1990 III you we.. a W1Ion member, l5 tha. carre c.! I~ A: Yes, f7I 0: So your previa.... .estlmony where you said you III joined the union prior '0 becominlllead 111 Inven.ory conll'Ol persao may no. be correc., "~ Is tha. righ.? 1"1 A: I joined the union beta.. - I joined the union I'll probably betore .his. bUllalso continued .0 I'll be his lead In.en.ory conll'Ol cieri< alter 1 1"1 broke my W1Ion COnU2Ct, He still had me do II~ tha., He relled on me and he bad me do thar, fI~ So I did I. before and alter and tha.'s why II~ .hey wouldn'.llsten 10 me. because he broke my Ill' conl1':lct. 1"1 0: I understand thaI's your contenllon, Miss Ruth, 1201 bu. it you will look baelt on Deposition Exhibll 12'1 11, do you see the persaMel mnsaction lorm! 1221 A: Yrs, /201 0: Illndicales that your promotion '0 le.d 12'1 Inventory conll'Ol cieri< was ellec'lVe April 12~ 23rd o( 1990, Do you see tha.! - -. -- -Winifred 1'. Rulh May 19. 19911 - Page 1115 I fll A: Yes, rn 0: And wh.. you're .dling me I. you we.. a union . 111 ",emher I'nor (I) being promored? ,., A: All'Iln, I would have '0 check my ,"cords, 1 "I 0: So you don'. know a.lI", ume' , I'~ A: No, f7I 0: And Deposition Exhlbll Number 12, MI.. RUlh, : III ..l1eCtS thaI al leasl ol.he p. ycheck. .hat 111I a.. copied a. tha. lime, the 12.. werk thar you 1"1 know /rom .ha. exhibit" December 1510119911, Ilttl COrT'C'ct? 1'21 A: Yes, 1"1 0: Miss Ruth, maybe you need '0 go back, Why 1"1 don', you tell me when you joined the union, it II'~ you know, IfI~ A: I think I. was probably early pan o( 1990, fin 0: Mias Ruth, how did you come about joining the 1"1 unionl '''1 A: Union ..p..senutives came In.o the building 1201 and we had '0 vo.e on il. 12'1 01 I'm 5Orry, Miss Ruth, Ie. me back up (or a 1221 second, And you mlghl want 10 look .. I2'l Deposllion Exhibl. Nwnber 10, You can put 12'1 those checks down (or a minu.e, I2Il The personal mnsaction (ann thaI Paga 1 n III n:JleCtS you as a new hlte, do you see tha.? rn A: Yes, 1>1 0: And i. says your e((eclive dII.e is December ~I 12th, Do you see thaI! I~ AI Yes, III 0: Is tha. what you reoll as your lItSI dII.e o( f7I employment! III AI Yes, III 0: Miss Ruth, alter Mr, Payne called 10 o/(er YOIl (I~ a job or I should say alter he lold your 1"1 husband thaI you were hlted you said that you (121 ..poned 10 worl< the next dIIy, Is Ihat 11:1) correct? 1"1 A: 1 think, yes, fI~ 0: Be(ore yoo reponed '0 work a. Merck.Medco did 1"1 you ever receive any type o( lener indicating fI~ that the company had hired you' (III AI No, (1'1 MS, MARKS: Le.'~ ntIrk ,hi. 13, I'2Cl\ (Ruth Depo,"ion Exhibi. Number 13 marked '112'1 (or identification,) 1221 BY MS, MARKS: 1,.,.,1 0: Miss Ruth, I w;lnl you 10 uke a minute and look '1"1 at Exhibi. Number 13 it you don't mlnd, Do you 1[251 rccaU receiving this Icner, Mis~ Ruth? , . Filius a: McLucas Reponing (800)233-9327 Min.U.Script<!> (47) Page 174. Paae 117 ~ Wlnlfred F. Ruth May 19, 1998 Pig. 1 Got 1'1 A: Yea, 111 Q: Tholle wen: his exact wordal 1>1 A: Vea, ~I Q: And you 50id whyl III A: Yea, I ""'n.ed 10 know why he """med me 10 Illve 1'1 up union, 17I Q: Okay, And mal'a when he 50ld whall III A: Then: """a an opening ror - when wri Ann lert III there """. a po.ltion open ror dati entry and in l"lI order.o hire her and pay her more money.mey 1"1 bad to bring her in... corporale,.o mey need I'~ 10 make me corporale beause you worked in me I'll ottlce IOlJemer, 1"1 Q: And when you say corporale, do you mean 1"1 nonunlonl I'll A: Yes, 1"1 Q: Did he explain '0 you runner why me person I'll they were bringinlJ in ...... nOI 1J0inlll0 be in a 1111 union positionl l"lI A: Decawe mey wen: goin'J 10 pay her more man 12'1 whal union would have paid ber, lZ2I Q: And mal po.ition you beUeve is me po.ition lZJI that Darcy Messimer ultimately ame intO, L~ i2'1 that correctl lZII A: Ye., Pogo'95 I" Q: And that was a dlJrerem position man the one lZl you held, Is mat correctl 1>1 A: No. she came in ror Lori Ann and mal was me I" same po.ition, III Q: Sa your lestimony is Lori Ann held me same III poaition that you dldl 17I A: No, Lori AM was dati entry, Darcy came in 10 III replace Lori AM as dati entry, III Q: I understlnd mat, But you wen: never in me I'll dati entry position? 1"1 A: No, 1'21 Q: So the dati entry position ""'IS dltrerent man 1"1 your position, Correct? 1"1 A: Yes, I'll Q: And your position. at this time you don't know I'll whemer it """s invemory control clerk or lead I'~ inveOlory conuol clerk, Correctl 1"1 A: Corre<'1, I'll Q: But it """s one or mo.e ......o? "'" A: Yes, 12" Q: And did you have dilrerem responsibilities 1221 than me dati entry positionl 1221 A: Absolu.ely, yes, 12" Q: So Mr, Payne said - alter Mr, Payne explained IZIJ to you why he .....nled you 10 rellnqwsh your - - - '"W"Wilrc:<rT. Rut.. .. Merclt,Medco Il.X ServlCClI of PA. LLC Pig' 'Be 1'1 union membenhip what did you ,eU hUll! 111 A: I wid him yea, 1>1 Q: Wa. Ihallll 1'1 A: lmld him yes be,""..e 1 w., dediolled '0 Ihe 1111 compaoy, III Q: And when you reUnquuhed your urno" po...ion, I (11 Mi.. RUlh, you did nOI receive a ,al;lry i III increase, bn'.mat corre<'11 111I A: ThaI'. correct, 11'11 Q: Vour job duties dldn'l change In any ....y, dId 1"1 meyl 1''' A: No, I'll Q: No one pve you any money or anything like 1"1 mo. I I'" A: No, I'll Q: In (act, everything about your job ...... me same I'~ when you reUnqulsbed your union membership I'll except that you were no longer a union member, I'll Is mat correctl "'" A: Ye., 12" Q: Was anyone eise pre.em when you had this 1221 conversation with Mr, Payne? lZII A: t don't reaU, 12" Q: Do you reaU where you had the conversationl 1211 A: At my de.k, Pogo'97 I" Q: And alter you told Mr, Payne you would lZl rellnquloh your union membership, what happened I>l next? Did you have to do anything? Did he do 1'1 someminll? III A: He did something, went 10 hu,""n resource. I III guess, 17I Q: But you don't know what he did? 1'1 A: No, III Q: Mr, Payne didn't rorce you 10 gIVe up your I'll union membenhip. did he, Mis. Ruthl 1"1 A: No, I'~ Q: You volunt:lrlly agreed to re.ign, didn'l youl ,,,, A: Ye., 1"1 Q: And when I mean resign, 1 mean resign (rom me 1111 union. I'll A: Ye., ('~ Q: Alter you rellnqulohed your union membenhip 1"1 your hours didn't increase in the po.ition lba. I'll you held, Is lbat correct? "'" A: No, 12'1 Q: NO,mal'. not correct? lZ2I A: No, they didn't increase, lZ31 Q: Vour hours did not increase' 12'1 A: No, 12'1 Q: And your workload didn'. ,"crease, correctl Page 194. Page 197 (51) Mia,V.ScriptBI Filius.t: McLucas Reponlnll (800)1"-9317 ------- WlnUred f. Iluth v. Merc:k.Medea ax Servic:es of PA., LLC _ Iiii - - wlnUrcd F, Ruth May 19. 19911 - - - ... --~ "'."'- Pig. 200 1'1 A: My worldold lncre..ed conrumtly, 1'1 Q: WeU, It dJdn'tlnc......e.s a result of you not PI being I unit)n member. 1.s that c'orrect? 1'1 A: No, I~ Q: And II1l2Y h.ve ..ked you th... M..s Ruth, >0 111 bellr with me. pl...e, When you relinqUilhed 1'1 your union membenhlp, nothlng .b<lUt your 1'1 employment wilb Merck.Medcn or your lob or your '" payor your hours cb.nged, l5 thOl correct? I'~ A: Tha"o correct, I' 'I (Ruth Depo.ltion Exhlbll Number 1 S 11l2n:~d (I~ (or Identlllaation,) (I~ 1"1 Q: M..o Ruth, you've been h.nded whOl's been (I~ l1l2n:ed.o Depo'ltion ExhJbill S,And at the I'~ tOp of the P'lIe II..Y' PenoMel T"'ll52cuon, I'n l5 thOl correct? 1"1 A: Yeo, I'~ Q: S.me type of form thOl we've seen preVIously .s 120! exhlbi15, 15 thOl correctl ~II A: Yes, 1221 Q: On th.. fonn It bos your I1.1me, correct? IZIl A: Yes, 12'1 Q: Is thOl your social security number? "~ A: Yeo, Plgo '98 I 11'1 .ny re.son to beUeve th'llhe Decemher Hlh ! 111 WU: i..5 lncorrrct? i nI A: No, I 1'1 C: And this (onn retlC'cu your prevlUw u:~umony , 1'1 Wolt when you changed tn.lm :& unwn 10 a 1'1 nonunion employee your wa~C5 did nOllJ\cre:&sc, f71 Do you 'l!I'Ce WIth Ih'l, Mi.. RUlhl 1'1 A: V<s, '" Q: Mw Ruth, I beUeve Ih.1 e.rUer you le5tiJ\ed (I~ Ih.1 Joe hYinller w:.. involved In something Iltl h.Ying 10 do WIth your unlon conmCI, Do you 1111 remember making :l reference m that? (1)1 A: V<s, I'" Q: And whOl e""aly dJd Mr, hYing<< h.ve to do (I~ with your union sumsl I'~ A: I think he med to fighl il .nd ..y they (In couldn'l do th'l, I'~ Q: Who'o the "they"? I'~ A: M.l1.1gement, 1201 Q: And ..y they couldn't do wh'l? ~" A: )0." h.ve me drop OUI of the union without 1221 proper procedure, 12" Q: WeU. you volunurlly agreed to do It. didn't ~'I you. M..s Ruthl 7~ A: Ves, BY MS. MARKS: Pogo '99 (II Q: It Uns on the lint row under the column job 1'1 title, it ..yo le.d lnventory control c1en:, nI Do you see thOl' 1'1 A: Yes, I~ Q: The next column down under job title h.s I~ quotations thot, obviously.lndJelles you're f71 sl1ll. le.d lnvemory contrOl clerk, Is th;u III correctl '" A: Yes, 1'01 Q: And on the .econd row (or 'tatUS It ..yo "See 1"1 Below." Do you oee th.l? I'll A: Yeo, I'll Q: And below il ..ys, NOle: Employee ch.nging 1"1 (rom Blll'll:Ilnlng Unlllo Nonbalplnlng Unlt, and I'~ then In porenthe.e. it ..ys nonunion, close I'~ p.rentheses, employee, Disconunue union dues IIn deduction, Is th.1 correctl 1"1 A: Yes, II~ Q: And the effective doIle o( lbOl would be 1201 December 24th o( 1990, Do you 'l!I'Ce with th'l, ~'I Miss Ruthl U you look al the .econd row - I:t2I A: I oee thOl, yes, r>>I Q: Do you h.ve any reason 10 believe Ihal you '''I ch.nged from. b'rg;Iininll 001110 . ~II nonbargalnlng unJI - strike th'l, Do you have Pogo 201 I'l Q: How do you know Mr, hYinger beame lnvolved Ol (1J .UI i>1 A: Beeluse he w,u the unJon represenutive from my ~I dep.nment, III Q: Did he teU you thOl he did somethlng? I~ A: I think later on he ..id thOl he tried 10 SlOp f71 iI, I don'l think he ..id .nythlng thOl doIy, 1'1 but, you know, In our yeOfs of worklng logether IVI I'm oore the conven:ltion come up, 1101 Q: And did he leU you whyl 1"1 A: Beeluse it's not le...1. II~ Q: WeU. whOl's notleg:.ll.bout iI, Ml.. Ruthl 1"1 A: To bre:ak my union contrAct, 1"1 Q: WeU, Miss Ruth, we've .lre.dy esubUshed th.: II~ you voluntarily .greed to resign from Ihe II~ union, Correc:1 Iln A: Ves, 1111 Q: How Is th;u breaking your union coomet? II~ A: App.rently there's a procedure you h.ve 10 go 1:lOI Ihrough 10 do thaI, Vo" con'l just W21k up to I~II . perron .nd s'y, oh, I W2nl you out o( lbe lZlI unton lor out bcnctil. 11'231 Q: WeU, whOl Is thot procedure. ~Ii" Ruthl 11'1'1 A: I hove no ideo, :~'I Q: Old Mr, F.Vlnger ever ,eU you wh'lthe FllillS a: McLuc:a.. Rcportlnll (1100)233.9327 MJn,U.ScripttJl> (53) P:1JlC 198. Patc 201 - - WInifred F. Ru M8y 19, 1998 PIgI 202 1'1 proced= will I'l A: No, 1JI Q: And the only way you know th;.&1 Ihen: 13 ~1)n1t ~I proced= llke thal iA bec.we at whot Mr, /11 faYlllRer did leU youl III A: Yea, 1'1 C: And Whll he did leU you II thll there u lon'e III proced=1 III A: Yel, I'~ C: And you don'l ~DOW no other detaw' '''I A: No, I'~ C: No one haa ever told you there i> .ny luch '''I proced=. coma/ '''I A: No, "~ C: And no one torced you 10 relign trom the unJon, I'~ Is th.t correal I'~ A: Yel, 1"1 C: Anything ebe .boUI whll Mr, f.YIIlgr.r laid 10 ['~ you rell:lrdlng your union membership? I>lI A: No, ~'I C: And do you reaU when he laid you thiA' IllI A: No, He jWt laid he tooghtlor it, IllI Q: BUI It was nO! al the time that you - 1>'1 A: It was '1lhe time, It was II the WIle th.1 II rlII tr.Inspited, PIgI 203 ['I Q: Old you complain 10 Mr, f.Yinger? r~ A: No, PI Q: Beause you weren't unh.ppy WIth reslsning /rom ~I the union, were you. Miu Ruth? [~ A: 1"'''5 unh.pp)', but I did it tor the comp.n)', /11 Q: Why were you unh.ppy/ 1'1 A: BecaUSe I ....nted to continue to be . union ~I member tor prolection, III Q: Wh.1 type 01 prolecuon, MiAs Ruth? "~ A: Exactly whll jWt h.ppened lor my leraun.tion, ["I Al lco" I h.d protection, ['n Q: Wh.,ls the protection you bove' 1''1 A: You have a meeting. You have to leU them why ["r you're being tcnnin.:ncd, You have to go to "~ conterences, You hove to h.ve . "II repre<cntative, I h.d nothing .nd Ill:Ive .U I'~ th.1 up lor the comp.ny, "'I Q: BUI you did II voluntarily, MiAs Ruth, ,lIdn', 1111 you? 1"1 A: for the comp.ny, 0'1 C: But you did II voluntarily, didn't }OU' IllI A: Yes, 011 C: Mus Ruth, Mr, hYinger made these commen.. 10 I~'I you you bclic....c somewhere around the umc you o~ did resllUl/rom the unIOn, Is thll comct' ---..--- wlnl1red f, Ruth \', Merck-Medea RX ServlcCi of PA. LLC Peg. 20" 111'1 A: Yes, ,f11 Q: And other th:an mOIl he never .saId anythll1g cbe I I "I 10 ""lJU~ 1'1 A; Nt) I,~ C: Mlu Ruth, I. II your undent.:lndlnR II the ume I'" YO, u were lemun:lled trom Merc~,Medco .nd, I'l 'Pill, were talkillg ahouI ApnJ 18th at 1997, fill correCt,) /111 A: Yes, I'~ Q: Is II your understanlUng ot thot wne th.. you 1"1 were an employee II willi I'n MR, EMERY: Objealo th~ eXlent you're 11"1 ming tor, lell"l concloaion, but, WlnIUe, (U! answer It i15 best as you can, ,,~ BY MS, MARKS: "" Q: Do you undersund whot I mean by the questlon, ,,~ Mis. Ruthl [OIl A: Is your questlon ",..sl.ware thaI I was .n at ['~ wiU emplovee? l20I Q: Yes, ot the time you were lermln.1ted, 1201 A: No, 1221 C: You were nor .ware 01 thll? 1201 A: No, ~'I C: Even though, .nd let's loo~, Mlu Ruth,.t ~~ Exhibit 9, fxhlblt Number 13 .nd Exhibit Number , Pail" 205 1'1 14,You mlghl want 10 puU those out, I 1>1 Mi5s Ruth, you've te5tilled th.t in e..h PI at these three exhibi15, 9, 13 .nd 14 thaI I ~I there ",..s language III them indicating thll you , I~ did not hove .n employment contr.lCI with II' I" Merck-Medco .nd th.t the comp.ny could lire you I'l .. 115 discreuon, Is th.1 comcll ,1'1 A: Right. but I did nor ~now wh.t .n ot wiU /111 /inng iA, ['~ Q: WeU, ~IL" Ruth, let's loo~, then," Exhlbll ["I 14 .gain, th~ Key Employment Agreement, LeI'S 1111 turn (0 the second page. which you signed. [131 A: Yes, ""\ Q: You did undersund in Pot':lgnph 7 tho! your 1['" employment ouy be terminaled by the employer at 11111 IU discrcuon (or an~' re350n or no reason:u 11171 aU. Ls th.:1t correct? , 11"1 A: Yes, :[011 Q: Is there .n~ing th.1 ch.nged your beUe! from , 11'001 the time you lIgoed the Key Employmenl I~" Agreement until the d.,r. thot you were i 1221 lerminaled' ~[7JI A: No. :1'2'1 Q: So you suU undcr.slOod on the dol)' you were 1~'1 lemun:ued th.. the comp.ny could lire you lor Page 202 . Page 205 (54) Mia'U.Scrip~ fIlJu.~ & McLucas Reporting (800)233.9321 - .....----- wlDifred f. Ruth v, Mc:rck,Mc:dco ax Services of PA. LLC PlIg. :2015 i 1'1 Iny relllOn or (or no reallOn .. IU, 15 tl1.t I'll correctl ['I A, Ye., I" 0: MIu RUUl, when you relinqw..hed your union I~ membenhJp you did no. en.er in.o .ny rype o( III employment con<tlct witl1 Merck,Medco, 15 r~.t 17I correctl III A: Ye., tl1,"scorrect, III 0: Th.. .. correctl 1'01 A: Ye., 1"1 Q: And.. tl1e lime you relinquished your union "~ membenhJp you did not .Ign .ny rype of p.per 1"1 or COler into .oy .greemen. indlc:uing tl1.. tl1e 1"1 comp.ny no longer h.d tl1e right to fire you (151 whenever it \Winlcd.15 that correCt? I'll A: Th.... correct. it WoI. vern.1. I .Igned I'n nothing, 1"1 0: Wb.t Wll4 vern.l, your relinqul.hing of the 1'11I union membershipl I2<lI A: Ye., (2'1 0: Of your union membership you me.n? (221 A: Ye., (221 0: BUI even verbaUy no one ..ld .0 you when you (2'1 relinquisbed )'Our wdon membership. Wlnnle, or (2~ Mu. Ruth or wh.lever Ihey caUed you, no one Pogo 207 1'1 ..ld '0 you the compaDY can'. ftrc you now for i2I .ny re:uon tl1.1 il WoID..1 131 A: No, 1'1 0: I'm correa in th.1 .l2lementl I~ A: Ye.. you're correct, III 0: And .1 the ume you relinqul.hed your union 17I membership 00 one made you any rype o( promise 1'1 ot permaDenl employmenl witl1the company, Is III tl1.1 correctl 1'01 A: Ye., 1111 0: And there Wll4 never any rype of document or I'~ verbal agreemenl tl1.1 you entered in.o tl1at "~ ..ld you are no longer an employee al will,ls ('''I thu correct? I'~ A: Yes, I'll 0: And when I mean as a lime Irome, I'm sorry th.t (In I dldn'. make I. clearer. when you relinqui,hed 1"1 your union membership, I'll A: Yes, I2<lI 0: MIu Ruth, we've <Ii.cu...ed tl1.. you were a lead 1211 inventory contrOl clerk and you know at some (221 poinl you slepped down - sulke tl1.. question 12'\ You were a lead inventory conuel clerk (241 and :at some point in time you became an [21J inventory (000"01 spcci.atist.l.s th3t corr.:ct? - - - ~ --- ~ ....... Winifred F, Ruth May 19. 1998 Pogo 208 1'1 A: Yes, i2I 0: 00 you remember when yuu become IOvenlOry I'll (untll}1 'Spccl.Ollbt? i 1'1 A: Prob.hly .round the ume Ih.t they hrought III1 Darcy inlO Ihe depan",enr. They ch.nged the I "1 uLle when I gotve up umon, 17I 0: They chanlled whose mle' 1'1 A: My ti.le, III (Rutl1 Depo.ition Exhibit Number 16 marked 1'01 (or identillctioll,) 1111 BY MS, MARKS: I'n 0: Mia. Ruth. you've been h.nded wha". been 1"1 marked as Depo.iLlon Exhibit 1("Th.t's 1"1 another one of thesc Personnel Tr.uu~ction I'~ (anno, Is tl1at correctl 1"1 A: Yes, I'n 0: And it in<licue. under the ,econd row of the 1111 mIllS column Job Tille ChanKe, Do you see I'~ that? I2<lI A: Yes, (2'1 0: I'm sorry. I should b.c~ up, This documeDl hu IZlI your nome on it. correct? (201 A: Ye., (2'1 0: And mal's your soci:ll SeCwll)' numberl 121I A: Yes, Pogo 20e 1'1 r.l: I. indlcues that your job .iLle changed 10 i2I invenlory conuel speci:llisl, Do you see tl1all 131 A: Yes, I" 0: And the eftective date i. JanU3ry 9th at 1991. ~I Is thaI correctl III A: Yes, 17I 0: And iA thaI wh'l you reaU being around the ~I time tha. your tiLle changed to invemory III conuol speciali.11 1'01 A: Yes, 1"1 0: And your w.ge. did nOI incre.se al tl1al time. t'2J Corrrct? 1'3) A: Yes, II") Q: Yes, that's corrcct? I'~ A: ThaI's correct, 1111 0: And 11'. your testimony thaI your job (In responsibilltie. and your duties did no. chanle (1'1 at that limc elmcr. ls th.u correct? 1'01 A: Yes, 1(201 0: Which i. why tl1e 'taIU' jWt S;lysJobTllIe jl7'l Change, Correcll {:12J A: Yes, 112'1 0: Mis. Ruth, I believe Ih.1 you tenifled every !(241 year th;at you were worlCln& - .nrike thac. You i 17~ becme - strike Ih'I, Your job mle became Filius II Mcl.ucas Reponing (800)233-9327 Mln.U.Scriptt>> (55) Paae 206. Pap 209 ~ ..... ..-. W1D.IIred f. Ruth May 19. 1998 -- -- - - - - - 1IIuIr~ RutJ!""'\<, - Merck,Medco RX Services or PA. LLC - Plgo 23. III thai - IIQmethlnB aboul aU Ihe wanled 10 do III .... her Job and thalllnwnhlaled Sbeldon, II 1'1 ....n'l anythlnB about wbal bappeMd, Oh, alld ~I Ibe said I puabed her or I PUI my band on her I~ race, III Q: WeU. MIas Ruth. wben you put your hand in 17I fronl of your race 10 block younelf you did I~ loucb Mils Messimer? !II A: She was blocklnB my way ousht, I'~ Q: I undemand, BUI you loucbed ber. didn't you? 1"1 A: How II II nOI pos.slble? Yes, II~ Q: I undemand thai, Yes, you loucbed her? II~ A: Yes, I don'l remember 10ucblnB her, She said 1"1 llouched her, I'm nOI sayinB Ilouched her, I'~ No, I will nOI say thaI, 1111 Q: WeU. Miss Ruth, you've lestltled thai you put II~ your hand up 10 block your face, thai Miss II~ Mes.slmer, II's your leslimony. was cominB I'" 10wards you and you blocked yourself In whal !WI you described as self defense, CorreCt? ~tl A: Yes, i>2I Q: Your cubicle is nOI very big. Is It? i>2I A: No, ta<1 Q: So In order 10 block younelf from Miss 121I Mes.slmer.ll's moSl Ukely thaI you bad some III conact with her person. IIn'lll? 121 A: II II moSl Ukely, yes, III Q: Whal else did Maura Snow do thaI you beUeve ~I was done with complele indltference 10 your 111 rishU? III A: Dldn'l ask me If I needed 10 see a doclor, knew 17I I was Injured, Uke I said, never aUowed me 10 III speak. never approached me 10 ask me whal !II happened. I'~ Q: Anything else? 1"1 A: No, II~ Q: ThaI's aU thaI Miss Snow did thaI you conlend 1"1 was done with complete Indifference 10 your 1"1 rishu? 1111 A: Yes, 1111 Q: Anyone else thaI you beUeve aCted with I'~ complele indifference 10 your rishu? I'll A: No, 1111 Q: Miss Ruth.lf you can look al your complaint 1:10I apin and look on the same paBe on Paragnph ~II 38,You see we're now unoer the COunl thai i>2I sal" Ne&llgence, Do you see thai? 12'1 A: Yes, ~'I Q: Paragraph 38 says, Defendant knew, or ~II reasonably should have known, 01 MeSSImer's Plgl 235 Plgl 236 I'I pmpeMll)'lO aCt violently, On you see tha,l III A: Yes, 11>1 Q: TcU mc wh.t eVIdence you have 10 suppon 11111 1'1 claim, 111 A: Heractions, 1'1 Q: Okay, What actions? 17I A: Tantnlll1 filS, bawling aU the time, yeUing II 1'1 me. III Q: She yeUed II everyone, didn', she? I'~ A: Yes. ,he dld, 1"1 Q: Ok2y, Whal else? 1'21 A: Slamming doors. puahing chairs hard, 1"1 Q: You never saw her strike anyone. thoush. did 1"1 you? I'll A: No, I'll Q: You never saw her hil anyone? I'~ A: No, 1"1 Q: You never saw her point a weapon II anyone? I'll A: No, 1:10I Q: You nevcr heard her threalen anyone with ~'I physic I violence. did you? i>2I A: No, j201 Q: And who of defendanl or which defendanl ~'I employee knew or reasonably should have known ~II 01 her propensll)'lo act whal you describe as Page 231 1'1 violenrJy? 121 A: Would you repeal thaI? 1>1 Q: Sure, looking al Paragnph 38, il says. apln. ~I Defendanl knew or reasonably should have known III 01 Messimer's pmpensil)'lO act violently, III I'm asking you who or whal individUllI 17I knew or reasonably should have known this? III A: Evel)'one I USled, III Q: WeU. can you Ust them again. please? I d~n'l I'~ know who you're alklng about, 1"1 A: The securtl)' gUllrds were aU aware 0111, and I I 1'21 think there ....s at lea~' four of them. and have I 1"1 seen her in violenl actions, Cindy Godfrey, 1"1 Marie Zarcone, I'll Q: I'm sorry? 1"1 A: Marie Zarcone, Don BaUey,)oe Favlnger,)ohn I'n Payne, I can 'I think of any other ones, 1"1 Q: And your lestlmony is that aU of those I'll individWlIs that you jusl described had seen 1:10I her yeU. had seen her cry, had seen her push I'll chairs and/or slam doors, Is that correct? i>2I A: Yes, ,ml Q: So the lenn violently - when you use the lenn I~'I violently, Miss Ruth, tha'" whal you're ,1211 descnblng, lhe acuons that you just testifled Paae 234 . Page 237 (62) MJn-U,Script<!l fl1lus &: McLucas Reponlnll (800):133.93:17 ...... .... ..... - WInlfred F. Ruth M.,- 19. 1998 - - - - - - 1191\ufrm"P. Rutrr-v, - Mcrck,Medco RX Services of PA. LLC - III correctl IlIl A: No, '" Q: And you dldn'l complain to Mr, Ei:>.n, did youl I'l A: No, Illl Q: And you dldn'l complain 10 Maun Snow, did youl III A: Yes. l71 Q: When did you complain 10 Maun? I~ A: Wh.n I..~.d h.r to ~..p h.r aW2Y (rom m., III Q: And wh.n was thall 1"'1 A: That was probably foW' w..~s pfCVIOu.s, 1"1 Q: And Is thai afl.r you m.1 with Mi:>s Snow 1'11I relatiDg 10 the compul.r incid.DI thai you 1''1 I.SIitl.d 10 this mornlngl I'" A: V.s, II~ Q: And YOW' I.stimony 13 thaI you ask.d Mi:ls Snow 1111 10 k..p Mesaim.r aW2Y (rom youl I'~ A: V.s, I'll Q: Old you .labo12l. whal you meanl by thall I'll A: She said she und.mood, I2lII Q: Old you .v.r have 10 work dln:cIIy with Mi:ls 1'1'1 M.ssimer? lZ2l A: No - w.U, wh.n she was data .ntry, She lZII swilch.d job., Th.y look h.r job aW2Y (rom i2'I h.r, 121I Q: Okay, Wh.n W2S thai? Plgo 210 I 11'1 daUy ba.i:>, l> thai correct? 17I A: Thai'. COITeCt, I'll Q: And In the m..lIng thaI you and Mi:>. M..sun.r 1'1 had with Mr, Eb.n on Apritlh. tilth, the p.n (Ill of the mcelinll whrrc you rwo wen: meeting with 111 Mr, Ei:>.n, nOl whal happ.n.d afl.rwarcU, YaW' f7l lestimony i:> thai al some poinl Mi:>. M.ssim.r III b.cam. v.ry Up..1 and sun.d y.lling al Mr, ill El>.n, Is th"' COITeCt? 1'''1 A: v.., 1"1 Q: She \Won'l y.Wng al you al thai point, wa. 1':11 .h.? 1"1 A: No, .h. was y.Wng al Mr, Ei:>.n, 1"1 Q: And, In fact, she only cam. 10W".lrd. you In your I'll cublcl. aiI.r you mad. Ih. COnun.R1 oUlloud I'll thaI no wond.r .h. saw a psychlatrisl, Isn'l I'~ thaI correcl? 1101 A: V.., I hun h.r f.elings I gu..s, I'I) Q: So your comm.nu provok.d Miss M.ssim.r:o com. I2llI al you, Isn't thai com:Ct? 12'1 A: I can'l say whal provok.d h.r 10 com. all.r m., l221 Q: W"U,sh. cam. aiI.r you, and I'm using yoW' l221 wonls, ailer you said thai conuneRl out loud, 12'1 Correcll 121I A: V.s, Plgo 2.1 1'1 A: When she had h.r heart altlck, 1"1 Q: W.U. whal y.arl Can you give m. an I'll approximate year? ~I A: No, III Q: W.U, was 11- I~ A: When Usa Ru.sseU came UIIO the d.partm.nt she l71 look Darcy'. job, Th.y gave h.r Darcy's job, III Q: Do you know wh.n Usa cam. inl III A: I guesa aboul tour years previous, I'" Q: So som.where around 1993, let'. say? 1"1 A: Somewh.re, 1"'1 Q: That'. wh.n Darcy swilch.d job.? 1''1 A: Thai'. wh.n th.y .wilch.d h.r job, 1"1 Q: And whal did th.y .wilch h.r 101 I'll A: Ordering ofllc. supplies and .nv.lope. and I'" paper, I'~ Q: So at le:l5llrom approximately 1993 untillh. 1"1 time you were lerminaled you did nOI have 10 I'll work directly with M.ssimer, Is thai corr.cll I2<lI A: That'. correct, The years could be wrong, I'm 12tl not sute. lZ2l Q: Okay, but somewh.re in thal12ng.? lZII A: Yeah, 1'1'1 Q: In fact, aller thai poinlin time yoo didn't 1'111I reaUy have any contact wilh MLu M.ssun.r on a Pale 2'0. Page :n3 (66) Plgl 212 Pogo 213 1'1 Q: And onc. MI.. M..sim.r W2. standing blocking 17I the .nmnc. or the exlllO your cubicle you 1>1 don'l know who .i:Ie m,1Y have been in the room 1'1 and who .l>e may have wilD....d anything 111I happening b.tween you and Mi:I. Me.,imer, I. 111 thai correct? l71 A: NOI in the room, Ouulde of the room there W2. III a person saw the whol. thing, ill Q: WeU, you don'l know thai, do you? 1'''1 A: H.'s testifying 10 II, 1"1 Q: W.U, who 13 thai p.rson? 1':11 A: I'm not -I would have 10 speak with my I'~ lawyer, H. ~now. the p.rson, I don 'I, I don'l ['''I know his rume. 1'11I Q: lei me g.t this 'lJ':Iighl, You're leWng mc I'll th.re 13 an Individual thai i. going to IC.tiIy I'~ thaI hc saw the .ntire incid.nt b.tween you and I'"l Mi:ls Messim.r? 1"1 A: He did nOI .e. the .ntirc incldCRI, H. saw ('1\11 wh.re I had my hand up prot.cting my..1t 10 ,et 12'1 away (rom h.r, l221 Q: And your 1.5limony i. you don't know who this 1231 p.rson i., bUI YOW' lawyer docs? 11"1 A: He ~nows hL, rulm., I don't ~now his name, 11251 Q: Okay, Is th.re .orne r.a.on Ihat he hasn't bcen MiJI.U.Scriptlll FUlm '" McLucas Reporting (800)233,9317 ... '. - - - - - - - - - - - - - Employrr~nt Experience- Slarl WIlh your plesem or la.sl lob InduJe mililary servICe oLlSlgnmenll ~nJ volUllleer aCllvilles, You may exduJe olganizallon names whICh indICale lace, color, reli,~loll, genJer, nalional ongln, handICap or olher prCllecred \laIUS, 1 )Jle~ From mphJve~ To Work Performed /9s9 /9~ / uurly Surf.n.: oIr~/ ,dllry Final Superml)r Rr:uon for Lnvlns 2 Emplo~"bv Dares Em lovea From To uurly SrJrrtn.l; ..t/S.,.ry Final ) ,..... 3 Employer t\JJrtU Job Tiel. ,)l.Iptn"lllJf Rlt150n fur LrJ\',ng 4 Employ" Addrru job T..,. Supervlsur RtJlun r.jf LCJ\'lns ilres m loved From To Tll'lrphonc , , Work Performe: Huurl~ Rolfe. SaLan' Surtln,z !nil' Dues Em loycll From To T'lephone , I Work Performed Hourlv R.lCc/Salolry :klrtln final If you need addirional space, please conllnue on a separare sheer of paper, Special Skills and Qualifications Summarize special skills and qualific:mons ~"'~...~,c:..... 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" a ., " ...~. . .;,....:.r;'. . .r r I .. ,.. '..,' .' COMMENTS: "., .' . ,~ ._ ."., ..... '~""'!~:,,"~,,:, .. ;':;'..:.:: I', ........,'(.. .' .. I' ;.:1.:~.. - ,~ ' i ----A'" ./.\ I. DEPOSITION EXHIBIT if I t 1 "'1</"'; 0;,]/1 :;-1' .j , 'Ii. '" I I I , " , . ~ I~~ " MMOOL8 ~- \~ - .,...."'_ 4,U -------------- KEY EMPLOYEE AGREEMENT , K" Ill.. i DEPOSITION ; EXHIBIT ,""./ . "l- ",.", .$,)~ In consideration of my employment 10 perform services for Porex Technologies Corp" Medea Containment Services, Inc. or PAID Prescriptions. Inc" as the case may be, or any alflllale, subsidiary or associate company or any succes, sor in business of any ot the foregoing (herein aher collectively referred to as "Employer" ). and in conslderalion ot the wages and salary 10 be paid me and of Ihe position which I occupy and which brings me Into contact wilh the ac, Uvitles ot the Employer. and regardless ot the duration ot such employment, I agree to perform 10 the best of my ablli. ty all duties requirad of me from lime 10 lime by the Employer and I agree to comply with the condluons herein set forth, In addition 10 the foregoing. I specifically agree to the tollowlng: 1, PROPERTY RIGHTS. I agree thai all concepts. Ideas, designs. discoveries. inventions. improvements, ad. vances. methods. practices. techniques and developments and relationships with customers and prospective customers which I may conceive, make invent or suggest during my employment by the Employer relating generally to any mat. ter or thing. including computer programs. manuals and documentation. which may be connected in any way with the Employer's existing or contemplated products, services or business shall become Ihe absolute property at the Em. player, All such concepts. ideas. designs. discoveries. inventions. Improvements, advances. methods. practices. tech. niques and developments and relationships with customers and prospective customers shall automatically be deemed to become the property ot the Employer immediately as soon as made or conceived. I agree to assign the rights to such property upon request ot the Employer and such agreement shall survive the termination at my employment tor any reason, 2, DISCLOSURE. I agree promptly to disclose to my immediate supervisor all such concepts. Ideas, designs. "iscoveries. inventions, improvements, advances. methods, practices. techniques and developments and relationships Ith customers and prospective customers, 3. ACTIONS REQUIRED ON TERMINATION. Upon termination of my employment for any reason, I agree to return to the Employer all property of the EmploYllr of which I had custody and 10 deliver to my supervisor all notebooks. business card flies, customer or prospective lists, memos, diaries, computer printouts and other documentalion of any kind, as well as other data relating to the Employer's products. services or business, 4. COMPLIANCE NOT CONTINGENT UPON ADDITIONAL CONSIDERATION .1 have not been promised. and I shall not claim. any additional or special payment for such assignmenls and compliance wilh the other covenants and agreements herein contained, 5, COVENANT AGAINST DISCLOSURE. I understand that it may be desirable or necessary for the Employer to disclose to me information relating to Ihe technology, know,how, products, services, customers, prospective cus. tamers and business of the Employer and I therefore agree as follows: a, To accept and retain such data and information in confidence and, at all times during or atter the termination. tor any reason. of my employment, not to disclose or reveal such data or information to others and to refrain from using such data for purposes other than lhose authOrized by the Employer, b. Not to directly or indirectly publish, communicate, divulge, or describe to any unauthorized person nor use. patent or copyright any such data or information during the term at my employment or at any time subsequent there- to Without the prior written consent of the Employer, c. To turn over to the Employer all written or descriptive matter conta,ning any confidential or proprietary infor. mallon or data upon termination. for any reason, at rny employment, or sooner, at the reqlJest of the Employer. MMOO57 ...-------------- d, To keep the contractual relationship of Ihe Employer with its customers and others confidential unless autho- rized In writing by the Employer, I will not divulge to any olher person,firm or organization, the names, addresses or special requirements of Ihe Employer's customers or targeted potential customers with whom I became acquainted or with whom I dealt during the term of my employment. During the one (1) year penod Immediately loll OWing the ler- minatlon, for any reason, of my employment with the Employer I will not, on behalf of myself or any olher person, firm or organization, solicit, divert or Induce, or attempt to solicit, divert or Induce, any of Employer's customers or targeted potential customers upon whom I called or whom I solicited or with whom I became acquainted after commencement of my employment with Employer, 6, RESTRICTIONS ON COMPETITIVE EMPLOYMENT - During the term 01 my employment and for a penod of one (1) year atter termination, tor any reason, of my employment, absent the Employer's prior written approval, I will not (as principal. agent, employee, consultant or otherwise), directly or Indirectly, engage in Ihe United Slates of America, its territories and possessions, including Puerto Rico and in the Dominion of Canada (Ihe "Territory') in activities (similar to those in which I shall have engaged for the Employer during the one (1) year periOd prior to such termination) with, nor render services (similar to those which I shall have rendered for the Employer during such one (1) year period) to, any firm or business engaged or about to become engaged in Ihe Territory in the independent third party prescrip- tion drug claims business or marketing to funded medical benefit plans prescription drug benefits or any olher busi- ness in which the Employer or any aHlliate, subsidiary or associate company islhen engaged, In addition. I shall not have an equity Interest in any such firm olher than as a 1% or less shareholder of a public corporation, During my 'mployment and until one (1) year after termination, for any reason, of my employment, I will not, directly or Indirectly, Induce, or attempt to Induce any employees or agents or consultants of or to the Employer 10 do anything from which I am restricted b~' reason of this Agreement, nor shall I, directly or i'1directly, offer or aid others to offer employment to any employees, agents or consultants of the Employer, 7, EMPL.OYMENT STATUS -I understand that I am an employee at will and my employment may be termlnaled by the Employer at its discretion tor any reason or no reason at all. 8, ATTORNEYS FEES -In the event Employer is compelled to bring suit or instltule any other proceeding to en- torce any of Ihe provisions of this Agreement, I agree to pay the Employer reasonable altorney's fees, 9, SEVERABIL.ITY - Each paragraph and provision of the Agreement is severable from the contract and lf one provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full torce and effect, 10, ENTIRE AGREEMENT - This Agreement shall inure to the benefit of and be binding upon my heirs, execu- tors, administrators and assigns and the successors and assigns ot the Employer, 11, GOVERNING L.AW - This Agreement shall be construed in accordance with and governed tor all purposes by the laws ot the State ot Pennsylvania, LJd ~," o(/.';; fIT fA ,J , WITNESS /,4 /;1/r:r I I DATE /, ) _r '~"'ifo -1l::r 'I-( A--I :;&; EMPLOYEE MM0058 1 in the office. 2 Q So it wasn't specifically about the 3 interaction between Ms. Ruth and Ms. Messimer? 4 A Very -- a day -- I guess a day or 5 two before I -- we had talked about having 6 them -- the three of us get together and just 7 airing our differences and putting this, you 8 know, not airing differences, but sitting down 9 and getting some understanding of what we need to 10 do. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B you're Q When you say, "the three referring to you, Ms. Ruth -- of us, II A Myself. Q -- Ms. Messimer? A Yes. Q Yes? A Yell. Q And that meeting was with Miss Snow? A Yes. Q What did you discuss with Miss Snow at that meeting? A I don't recall exactly. Just I mean to do something to just get the air clear in the offiqe; anything to get our work done. Q What did you guys -- did you guy. ~----..._-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - - - -- - 44 identify a problem? A It was the and it was a very short with it for a very short the problem was the I remember dealing time. But it was the attitude in the office towards each other. It was a very to work in. it wasn't a really good atmosphere There was it was just a there was something, I guess, it was an interaction or whatever, and we needed I needed to clear it, clear the air because there was something there that we needed to just -- it was interfering with my performance. Q And this something that you're referring to, that is strictly between Ms. Ruth and Ms. Messimer? A Yes, it seemed to be. Q Did you di&cuss what the source of this problem was? A Not that I rememher. Q Was it your idea to meet with Miss Snow, or did she ask you to meet with her? A I think I wanted to meet with her. Q A When did this meeting occur? I don't remember. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 meeting? A I don't remember. Q Did you discuss it with her before you discussed it with Ms. Ruth? A I may have told Darcy I'm going to have a meeting and Winnie may not -- yeah, it's possible I told Darcy we were going to have a mseting before I told Winnie we are going to have a meeting. Q Did you discuss with Ms. Messimer why you were having the meeting? A Not that I remember. Q Did Ms. Messimer ask for a meeting? A Not that I remember. Q Did you have any knowledge at this point whether Ms. Messimer was upset over anything that Ms. Ruth had done? A I know she had been earlier she had been upset about incident described in the notes. Q Okay. Can you describe what this computer incid~nt was? upset over -- the computer A We order drugs from one of our 24 wholesalers. The order is placed the day, in the 25 afternoon or evening, and it is delivered the - ----- -.....---............- 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 next day. At the time, and it's it's a computer and then software program we load this order it's transmitted by a modum to our into wholesalers. my PC. The program, the application was on So when Winnie would want to enter the order, I would have to leave my desk. She would come over, use my PC, enter whatever and we would be done. And apparently, one day, I'm not sure I don't remember what day it was. Winnie went over to put the order in, the computer wasn't was shut off or wasn't in an application to get into it. incident that I about. wasn't set up for that application And so I think that's the think was what you were talking Q Who advised you of this incident? A Winnie told me that she could not put her order in, that the computer wasn't turned on. And I think Darcy had turned it off or hadn't left it that way. Q You didn't discuss that incident with Darcy? A Yeah. I discussed it with her. Q What did you talk to her about? ~__________~_'_J-' 56 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 Q In the third paragraph down, it states between 2:30 and 3:00 p.m. Sheldon was alone in the office with Darcy end Winnie. Correct? A Okay. Q Is that a true statement? A Yes. Q Describe to me what happened between :.1130 and 3,00. A At this point, we happened to be alone in the office. I told both of them I needed to talk to them. Winnie came out of her cubicle and was on -- here in the office. Darcy was here. I was -- we were together in a small group in the office. And at that point, I told them, and I don't know -- remember my exact words; but it was basically what I expected of them was professional behavior at all times from them and, you know, professional, businesslike behavior and attitudes toward getting their jobs done. Q I'm going to make it a little easier for you. I'm going to put before you a photograph, a copy of a photograph, marked as Exhibit 3. .... ... - - - -, - - - - - - - - - 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, where is Ms. Ruth's cubicle? A The back right. Q Can you put - - now, am I pointing to the correct cubicle? A Yes. Q Can you put - - using the red marker, can you just put a one right there? A (Witness complies.) Q So you told them that you wanted everyone to act professional. A Yes. Q What happened next? A Winnie said that she would -- she Correct? agrees to be professional, act professional and would start Monday morning. Q She said this to both of you? A Yes. Q What happened next? A Winnie -- and I'm not -- we're in a real tight time sequence. I'm not quite sure exactly, perfectly how this goes. Winnie said she would agr6e to act professionally starting on Monday because that is what I expected of her and I believe started back towards her cubicle. Darcy becam~ -- Darcy said to me - - -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 J. 22 23 24 25 - - -- ---.... - -- 60 that she wanted exactly what she But something to she didn't I'm not sure I don't know exact quotes. the effect that Winnie or that wasn't good enough. She wanted an apology from Winnie, I guess, for the computer incident. I'm not sure. I mean, I believe that'o what it was for. Q What occurred next? A Darcy got angry. And Winnie started to make some comments from her cubicle about Darcy that first I don't remember the exact comments, but they were fairly I don't know actually remember the exact comments. And then that just made Darcy get angrier. And then Winnie made a comment, a specific comment regarding Darcy being in psychotherapy and seeing a psychiatrist. Q Do you recall the specific wording of that comment? A No, not exactly. the exact comment. I know it But and-- not referenced a psychiatrist, and I think, I'm not sure the terms. exact Q Where was Winnie Ruth when this comment was made? -------- -~_....---' 64 1 2 3 4 5 6 7 8 9 10 11 12 J.3 14 15 16 17 18 19 20 21 22 23 24 25 Q And that is not shown on the photo? A No, it's not. Q To the best of your ability, can you put a 4, generally, where you would be if that photo was lllrger? A (Witness complies. ) Q I didn't mean to cut you off. What happened next? A All of a sudden, I realized that at they were yelling at each other or some verbal exchange, and I don't some very there was remember; Darcy was what the exchange was. I don't remember exactly And then all of a sudden, I realized they were hitting each other. Q How did you come to that realization? A I saw Darcy -- Darcy's body came or was pushed back or backed up; but I don't know what or how, and when it -- when that happened, realized they were -- something was going on between them that was physical. Q Did you see Winnie Ruth push Darcy? A No. Q Did you see her hit Darcy? A From this vantage point, no. I ------------- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - -- 65 Q At this point in time, was there anyone else in the office? A No. Q Did you ever see Ms. Ruth hit Ms. Messimer? A Ye s. Q Describe when that occurred? A When I realized that they were hitting each other or there was something going on, what I did is I went around I went to try and see what I could do to just stop it. Okay? Because of the space, my ability to get '- in-between them which would have been my first desire, I could not do that because between the cubicle on one side and the file cabinet on the other and then being half in and out, that waan't possible. And from the side I was originally on with the cubicle, I still could not get in between; so I came back behind Darcy, leaned as far over the f i 1 e cabinet as I could, and put my arm between them both to try and block them from having access to each othe~ at any point. Q little bit. Okay. I'll try to help you out a I'll put another photo before you. ....-...-------- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - -~ 67 A The omaller one. Those - - the filing cabinets on the left were there. The top one on th~ very left marked with the blue label on it may not have been, but that is on the other side of the room anyway. Q Now, the filing cabinets that we're talking about that you rt!lferred to in the cubicle A Is the short one. Q How about you circle that? A (Witness complies) Q Is the space between the filing cabinet that you just circled and the cubicle the same in the picture as it was on April 17 or 18? A I believe it is. MR. EMERY, Every time I say the 17th, just strike it and put the 18th in. THE WITNESS, I believe that is. Q Now, to the best of your ability, can you describe, again, using perhaps references to the photo, how you got in-between the two? A Well, I wasn't able to get in-between the two. I was able to come around, and being, I guess, against the taller file cabinet leaning over the top of that smaller file ...---,---------.-. 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 cabinet, I was able to get my arm in-between the two of thenll but, again, reaqhing around, leaning forward and reaching around Darcy. Q Was Ms. Ruth sitting or utanding? A Standing. Q And I assume Ms. Messimer was standing? A Yes. Q Where did Ms. Ruth strike M.. Messimer? A When I got around to that vantage point, they were both flailing at each other, just open-handed type flailing. Q Ms. Ruth was making bodily contact with Ms. Messimer? A Yes. Q Where on Ms. Messimer's body? A I only remember seeing them flailing. It was pretty much hands and arms blocked, hitting each other. Q Did you see whether Ms. Me.simer had 22 ahold of Ms. Ruth? 23 A No. 24 Q After this whole incident -- if we 25 could skip ahead just for a second. After thi. ..... - .... - - - - - - -- - - -- - 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whole incident, did you see any b~uises on Ms. Messimer? A Not that I remember. Q Did you see any bruises on Ms. Ruth? A I didn't see any bruises at that She did show me a bruise on her arm later. Q Later that day? A Yes. time. Q Now, stepping back I'm sorry? A When I came around behind them and I put my arm in-between them, they were both striking my arm. So my arm was getting hit from both sides. Q Were there any bruises on your arm? A No. Q At this specific point, where you are just describing where you are trying to get in-between the two, was there anyone else in the office at that time? A Not that I'm aware of. Q Did any time prior to this, did M.. Ruth ask you to contact security? A No, not that I remember. Q Did at any time, did you contact security? .........---------- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 --- 70 A No. Q Is there a reason why not? A Beforehand, there was - - you know, there was no reason to. After this happened. my first concern was to get them separated. When I finally got them to stop and separate, at that point, in my judgment, they weren't going to they weren't going to physically do anything to each other again. I felt confident at that point. And I, as soon as we go t to tha t point, immediately picked up the phone and called Maura Snow, as I thought it was our security department would not be able to do a whole lot. However, it was an v.ry important I: 15 issue to get HR involved immediately. And I, 16 again, in my judgment, I: felt confident that we 17 would -- there would be no additional physical 18 altercations. 19 Q This time period that you're 20 describing where you're trying to get between the 21 two women, were they saying anything to each 22 other? 23 A I don't recall if they were. 24 Q Were you saying anything to them? 25 A I was trying to get them to stop. ------ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - - - - - - - - - 73 Q I'm not asking for anything specific. A Five minutes? Ten minutes? I would not even guess. It's you know, it's one of those everything kind of collapses. It goes so fast. So you called Maura Snow? Yes. Q A Q What did you tell Miss Snow? A I called Maura. I said, and again, I don't remember exactly. I said, I don't remember exactly my words; but I said, I need you back in my office now. It was basically I picked up the phone and called her. She picked up the phone and I said, It's Sheldon, and I need you back in my office right now. I mean -- and there may have been if there was another comment in the middle, I don't even remember what it was. Q At this point in time, where are Ms. RQth and Ms. Messimer? A Winnie was in her cubicle. Darcy was standing right in front of it. Q Still standing? A I believe she was in front of -- she was in front of the file cabinet; but she was still right there. ........--------....----- 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Identification.) Q What does that window lead into? A Warehouse. Q And you said that Miss Snow came in the door by your desk. Is that the door that's depicted in this photograph? A Yes. Q And io that where you spoke to Miss Snow? A A little bit inside the office, but yeah, at that end. Q Does that picture show where you talked to Miss Snow, or is it outside the frame? A It was somewhere right in here. I don't remember exactly where, but it was at that end. Q On Exhibit 5, how about you just put a small X where you and Miss Snow first talked. A (Witness complies.) Q I think you already told me this, but can you tell me again what did you tell Ms. Snow when she got there? A Just that, basically, that Winnie and Darcy were hitting each other and, you know, had -- were having a fight. And I'm not sure of .....---------...-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 , . : 17 18 19 20 21 22 23 24 25 my exact words, but it waD they were hitting each other. I got the message across that they w~re hitting each other. Q At this point in time, are Ms. Ruth and Ms. Messimer still back here in Ms. Ruth cubicle? A Yes. Q Tell me what happ~ns next. We ll, I guess, what was Maura Snow's reaction? A She said, Fine. Okay, and went to work. And she basic her -- she -- at first -- her first action was to try and get Darcy to move away from where from the cubicle. And then the next thing she did was to question or ask questions to try and get a picture of what had happened. Q How did she try to get Darcy away from the cubicle? A She asked her to move away from the cubicle. Q What did Darcy say? A I don't remember exactly what she said. Q At this point, had anyone asked Ms. Ruth to apologize to Ms. Messimer? 78 - -- - - - - ------- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 80 A middle. Well, on that end1 but more in the Q Tell me what happened next. A Maura jus t proceeded to ask questions of Darcy and Winnie as to what happened. When one of them would answer, Maura would repeat the answer to make sure that and not necessarily repeat it verbatim. But it was more she might have changed scme of the wording a little but, but reJileated the answer that this is what you're telling me happened. And then she would ask that Darcy say -- Darcy acknowledge yes that is whst happened. Winnie would acknowledge that is what happened. I would acknowledge that is what happened. Or if wasn't right, go back and ask the question again to make sure that it was clear and everybody heard the events and what Maura repeated. There was an agreement as to what the events happened. Q To my understanding, you heard each question Miss Snow placed to the two individuals? A Yes. Q A Q You heard each response? Yes. To the best of your ability, don't ...-----..------- 1 2 3 .. 5 6 7 8 9 10 11 12 13 14 15 87 A I don't remember. Q And, again, I'm getting a little late along in time frame. Co you recall at this time whether Ms. Ruth asked for medical help? I don't remember. At this point, you're in the or Miss Snow's office? Okay. What occurred when you got in the A Q office A Q office? A We called -- we got on a conference call with Jack Shay, who is our corporate counsel and got Caron Hadge to come into the room to discuss what happened. Q Did Ms. Hadge come into the room 16 before you called counsel? 17 18 19 20 21 22 23 24 25 A I don't remember when she got there. I think she came in. I don't remember if she came in immediately and then we called counsel, or Maura was already calling counsel, and the Caron joined us. Q Before you contacted counsel, did you and Miss Snow have any discussions us to how you guys were going to handle this? A I don't think so. I think it was, ------- 88 ...... - .... - ~ - - 1 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Let's get Mr. Shay on the line and find out, you know, get an idea of what we need to do, what we have to do. Q Before you got Mr. Shay on the phone, did you attempt to inquire as to whether any other employees had seen what had ocourred between Ms. Ruth and Ms. Messimer? A I don't believe so. Q Did you personally ever ask any other employee of Merck whether they had seen what had occurred? A No. Q To the best of your knowledge, did Miss Snow ever ask any employee of Merck whether they saw what had occurred? A I have no idea. Q I'm going to give you the same sort of general warning here. Again, I'm sure your counsel will timely object if we get into it. I'm going to ask you some questions about what your understanding of the situation was and what you determined to do. I want to make sure that you do not provide any details of conversation. you had with counsel. MS. MARKS: I'm going to further - - - -- ...--...--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 :ll 22 23 24 25 - - - 96 paragraph says, We agree that to assault one another as the women had done was gross misconduct and that both would have their employment terminated. Now, realizing that this is Miss Snow's statelllent, is the "we" referred to in there referring to you? A Yes. Q So you agree that it was gross misconduct? A Yes. Q To the best of your ability in your position as a Merck employee, can you give me some idea of what gross misconduct means? A I guess a breach of proper behavior, etiquette and duties. I mean just completely and totally breaking the ruleo, be it, you know, normal rules the company has and then, you know, in it's basically, rules of behavior and conduct that the company has and tries to maintain. Q Were there any emplcyee or not employ~e, but any herCK manual or handbook that you guys referred to in determining whether this was gross misconduct? A I don't know. .... .... .... ..... - - - - Ruth v Merck-Medco IU Services Multi-Pago '" Pa~e 42 I I ~olng to ancmptlo have some mcctlng belw.:cn Ms. 2 Ruth and Ms. MeSSimer'? 3 ^ Yes. I don' I know when. 4 Q Did you keep any nOles from thuI i 4 5 meeting'? 0 A Which meellng'! 0 7 Q 1be mectln~ betw4'Cn you and Mr. 1 8 Elsen'? 8 9 " No ~ 10 Q Are you sure of thut'! 10 II A 1 don't recall keeping nOles from II 12 jusI talking with Sheldon. 12 13 Q Do you recall how long thaI 13 14 diSCUSSIOn with Mr. Elson took'! 14 I~ A No. We spoke a nwnber of limes 15 16 aboul vmollS concerns -- and I'm answering 10 16 17 generalities. I know I had conversations with 11 18 Sheldon about hiS concerns in the warehollse. ( 18 19 can't pick out one of those meetings as standin~ I~ 20 OUI above the others. =0 21 Q Now, Ihe specific day here was Apllt 21 ~2 18, 1997.. 21 23 A Yes. 23 24 Q My understanding was that you gel a 14 2~ call from Sheldon Eisen saying that there has 21 ----- - - Mauna Snow 5/20/98 Pa~e ~~ ^ Yes Q What's the flrstllllng you did" " I walked In. I saw Sheldon In the middle of the room, Darcy standing In the comer tllat served as an entrance 10 Wnlllle's cubicle, and Winnie SIlting al her desk. Q I'm gOing to pllt some docwnents before you. We'll mark Ihese next three In succesSion. Fan them out so Leigh and I can make sure we gellhe exact exhibit numbers. Mil EMERY For the record. Exhibits ~, 5, and 6 are tltree photographs of the Inventory control office of Merck-Medco. (Snow ExhIbit No.4, Photo, marked for Identification.) (Snow Exhibit No.5, PhOIO, marked for Identification.) (Snow Exhibit No.6, Photo. marked for Identification.) Q And did I describe that nghl'? (s this what's considered the inventory cQntrol office'? A Yes. Q And just for the purpose of this deposition, we'll use that term of whether iI'S Page 43 I been this incident down at his office. COlTect'? 2 ,\ Sheldon called me and said, Come to 3 my office right away. I didn't know why. 4 Q Do you know when he called you? I A It would have been between 2:30 and 6 3:00. I think that's what I wrote in my notes. 7 Q And I think you briefly said what he 8 said 10 you. Do you recall specifically what he 9 said? 10 A When he called me? II Q Yes. 12 A No. 13 Q Was there any other diSCUSSion. or 14 was It essentially, Com~ down, hang up? 15 ^ Yes. 16 Q How long does it lake for you to get 17 from your office to his office'? 18 A A minute or two. 19 Q Now, I want you 10 go through and 20 I'm gOing through his .. it might be painfully 21 slow. And I mil/,ht be repetitive. I warn you 22 now. But I want 10 go tltrou~h as speCifically as 2J you C1n rceall exactly what occurred. 24 ^ Okay. 21 Q Now, you get clown 10 Ihe office. Leary Reporting (717) 233-2660 Page 45 cOlTect or not. 2 Now, revieWing Exhibits 4, 5, and 6, 3 are Ihose accurate depiclions of how the 4 inventory control office looked on April of 1997'1 I ^ I think so. 6 Q And you said you carne and walked in 1 the door? 8 A Yes. 9 Q If you look at ExhibIt 4, it 10 Indicates that.. shows a door In the background. II "Yes. 12 Q Is Ihat the door you walked into'? 13 "I believe It IS, yes. The door by 14 the window althe entrance to the drug warehouse. 15 Q There IS another door to the office? 16 ^ Yes. 17 Q Now, you satd you walked in. 18 ^ I did. 19 Q And Mr. Eisen was in the middle of lO the office'.' 21 ^ I think so. 2: Q I have a MagiC Marker here. Using II any of these photos, whichever bcst can describe l4 where hc IS, can you put an X where Mr. Eisen was II when you walked In" Page 42 . Page 45 ...---- - -- RUlh y Merck-Medco Rx Services Pa~e 46 I ^ (Witness compiles.) 1 RI~htthcre, I think. 3 Q For lhe record, that X was placed on 4 Exhibit 5. I And USIn~ any of these photos, can o you put a I where Ms. Messimer was slandln~ when 7 you walked in'! K A (Wirness complies.) 'I Q And USIn~ any of these phOlOS, can 10 you put a 2 where Ms. Ruth was sllllng when you II walked in'! Il A She was behind thiS panUlon. 13 Should 1 put a 2 above It" 14 Q Please. I S A With an arrow down'! 16 Q Yes. And just for the record. both 17 the I and 2 were also placed on what IS Exhibit 18 5. 19 lO 21 22 23 l4 lS When you walked in, could you see Ms. Ruth sitting'! A I don't recall. When 1 immediately walked in, could I see her Sitting? 1 don't recall what I saw her doing when I immediately walked in. Q Okay. Page 47 I A She was -- Darcy was standing here. 1 Yeah. I think she was sitting. 3 Q I'm not trying to put too fine of a 4 point here, but you could see into the cubicle S when you first walked in? 6 A I recall that I did. 7 Q So we're at the point where you 8 first walked in. 9 ^ Okay. 10 Q What happened next? II ^ I saw that Darcy was standing at the Il entrance 10 Winnie's cubicle, and 1 asked her 13 what she was doing there or why she was standing 14 there. She said. Because. 1 S Q Now prior to this. did you talk to 16 Mr. Eisen at all? 17 ^ I don't recall. 18 Q So we're at the pOint where you say 19 to Ms. Messimer, Why are you standing there? She 20 says. Because. 21 ^ Yes. 12 Q What happens nex t? l3 ^ 1 asked everyone to tell me what was l4 going on, each individual person tell me what had lS been happcnln~. Darcy told mc what had bLocn Leary Reporting (717) 233-2660 ------ - - Multi-Page "" Maura Snow S/20/98 Page 4K I happellln~ Wlnllle told me what had been l happening. Sheldon lold me what had been 3 happen Ing. 4 <) Lei's slep back a little bll. I ^ Okay. n <) I understand that' s ~enerally what 7 happened. H ^ Yes. ~ Q Now, let's ~o specltkally. You 10 asked Darcy what happened. II ^ Yes. t: Q What did she say? 13 ^ 1 don'l recall. II Q When you asked her what happened, IS clid Ms. Messimer give her side of the story 16 first, and then you asked Ms. Ruth and Mr. Eisen 17 in succession; or did you go point by point with I Keach .. all three of them? 19 ^ 1 let each one give an entire 20 recitation of their side of the story rather than 21 ~o pOint by point. 1 don't recall what order 2l they went Ill. II Q 1 think I already asked you this. l4 but I told you it was going to be repetitive and lS slow. Page 49 I ^ Okay. 1 Q Do you recall any specifie details 3 that Ms. Messimer gave you? 4 ^ No. I Q And the same question, as I 6 understand you don't know what order you asked 7 them. But you did ask Ms. Ruth what happened? 8 ^ Yes, I did. 9 Q Do you recall any specific details 10 that she gave you? II ^ She showed me her arm which had Il bruises. 13 Q Do you recall what arm" 14 ^ No IS Q Bruises can mean a 101. Can you 16 son of describe what the bruises looked like? 17 ^ Some purple marks on her ann about 18 the Size of a nickel. I ~ Q Do you recall how many marks? lO ^ 1 wrote three In the document. but II my recall IS just lhat there were nickel.sized 12 marks. It lIlust have been three. II Q Do you recall any other statements l4 lhat Ms. Ruth madc" And I want to limit; right II now we arc mil asking whal .. let me finish. Page 46 - Page 49 - ------- Multi-Page '''' - - Maura Snow 5/20/9K -- - - - Ruth v Merek-Medto IU Servites Page 50 Page 5~ I You're sllll asking the delails of the Incident. I seeumy'l l Do you recall any specifiC : ^ I don't lhlnk so. , l statements about that that Ms. Ruth gave? l lj I don't want 10 Jump ahead, but was . ^ No. < there ever a pOint In lime when you called 5 Q Do you recall whether she said thai 5 secumy" , ~ she wa.s aCllng In self defense" 6 ^ When I did the lenmnallon of Ms. 7 ^ No. 7 Ruth. And that was a formality. I 8 Q Do you recall whether she a:iked for 8 Q We're In the office. And we son of I 9 you to get security? 9 marked where everyone WJ.S. During the lime that i II) " No. 10 you were haVing Ihese diSCUSSions wllh DilJ'cy, I II lj Do you recall whether she asked for II Winnte, and Sheldon .. Il you to get medical help for her? Il A Yes. Il A No, she did not. Il Q .. were they all generally 111 the I. Q Do you recall, generally, I mean WIlS 1< so.me area that we've marked? 15 her I' ace flushed red? 15 A As I recall, tlv:y didn't move. 16 A I don't recall. 16 Q So the enllre time that YOll had this 17 Q Was Ms. Ruth crying? 17 discussion with the threl:. Ms. Messimer was 18 ^ Not that I recall. 18 always standing in front of Ms. Ruth's cubicle'? 19 Q And again, I'm just talking about 19 A I think so. :w this point when you're asking for what details. lO Q You didn't J.sk her to move away? 21 A Yes. II A I don't recall. 22 Q How about Ms. Messimer? Was her II Q You didn't feel that she was still a 23 face flush'? Was she red? II threat to Ms. Ruth? 24 A Not that I recall. l< A No. 25 Q When she told -- when Ms. MeS>iUner l5 Q Do you have any idea .. we're still Page 51 Page 53 I told you what happened, how would you describe I down here. We're still talking about the 2 her tone of voice? l mcidenl. 3 A I don't recall. 1 After you get the story from all . Q Was it loud? Angry' < w,'C of them, what did you do ne~t? 5 A Not that I recall. 5 A I gave the story back to them. I 6 Q Was she crying, Ms. Messimer'? 6 described it as I understood il. And I asked 7 A Not that I recall. 7 them all. Do I have this right'? Is this what 8 Q Now, you talked to Ms. Messimer and 8 happened' 9 Ms. Ruth. and you also talked to Mr. Eisen. 9 Q Do you recall any of the specifics 10 ^ Yes. to of what you told these three people? II Q Do you recall any specifics of what II A Only what I've wrlllen. 12 Mr. Eisen told you? Il Q When you say what you've written, Il A No. Il you're refemng to, agam. this statement? I. Q Did you see any marks or bruises on H ,\ Yes. 15 Mr. Elsen? 15 Q Well, we'll get to it. lt's 16 A No. 16 caplloned Temllnallon of Winnie Ruth. 17 Q Did you ask any of those three 17 A Yes. 18 whether there is anyone else present In the 18 Q But without referring to what you've 19 office when this occurred' 19 wrmen. cun you recall althis time any lO A I don't know if 1 asked or nol. lO specifics of the story that you gave back to II Q Old you a.sk any other employee of II these three people'? II Merck other than these three, of course, whether II ,\ Not off tIv: top of my head. II they saw this incidcnt'? II CJ And did you ask each of them whether l' ^ Not that I recall. H they agreed wlIh your version of the story? l5 Q At th,s pomt, had anyone called l5 A I asked If II was correct, if It ~ , , Leary Reporting (717) 233-2660 Page SO . Page S3 - - -...------- Multi-Page '" Ruth v Merck-Medco Rll Services I ^ Yes. 2 Q Now, do you recall telltng 1\" RUlh ) whether she should stay, go" ^ No. Q Wa.s Ms. Ruth upsel al IhlS POtn!'.' ^ I don' I recall. Q At thiS point In lime, wa.s there ij anyone else in the oUke? ~ ^ I don't think so. 10 Q Understanding thut you don't work In II that office, but we're about 2:30, 3:00. 12 Correct? 13 A Yes. 14 Q Would it be typical that the other 15 employees in that office would not be around at 16 this time'! 17 A I don't know what is typical for I H that office. 19 Q Okay. So the nexI slep is we're up 20 in Ms. Hadge's office. 21 A Yes. 22 Q Now, again, you've indicaled that 23 you contacled your attorney? H A Yes. 25 Q Any conversalions with your attorney 4 ~ 6 - , I you were involved in, I don't want you to get 2 into. Okay'! J A Okay, 4 Q Prior to you coming to Caron's 5 office, what do you say 10 them" 6 ^ I don't recall my exact words. 7 Q Generally, what did you wscuss with 8 her? 9 A We said that there had been a 10 physical and verbal altercation between Darcy and II Winnie. 12 Q Okay. 13 A And that we needed to call DaVid 14 tvllller. the attorney, 15 Q Prior to you calling Mr, Miller, was 16 there any other discussio" in that office? 17 A (don't recall. 18 Q At that point In time. had .. well, 19 let me step back. 20 Do you have the authority to fire 21 employees? 22 ^ No. 23 Q Who had that authority? H ^ Ms, Hadge, 25 Q Prior 10 you conlacllng your Leary Reporting (717) 233-2660 _. - ,., ~j" -- - - Page 58 Mautll Snow S120/9H Page 60 . i anorney, was ll1<:re any dlscu.SS1on as 10 whether 2 Ms. RUlh or Ms. MesOlmer were gOing 10 be fired" J ^ I don't recall. , Q \\'hen you and Mr Elsen are walking l up 10 /\Is. Hadge's office, wa.s there any fl discu~:;lUns amongst thl: two of you as to what 7 step was gOing 10 he lakcn'.' ij ^ I don'l recall. ~ Q How long were you In Ms, Hadge's III office bcfore you contacted your .norncy" Ii ^ It would ha\'e been almost 12 immediately, i1 Q And did you contact Mr, Miller" 14 ^ Yes. Il Q Wa.s Mr, Miller .. and I know I asked 10 this, I think your nOles from Exhlbil 7 indicate 17 that the anorney was a gentleman by the name of 18 Jack Shay, 19 ^ Oh, I'm sorry. Mr. Miller is 20 someone I'm meellng with this afternoon, 21 Q Fair enough, So JUSt to backtrack. 22 When you 'laid you called your attorney n 2J A Jack Shay. Yes. ('m sorry. When I l4 see David, I'm sure I'll call him Jack now, 25 Q You can blame it on me. Page 59 Page 61 I A There we go. 2 Q Where's Mr. Shay's offir.e at'! J A New Jersey. 4 Q Is that corporate headquaners? l ^ Yes. 6 Q He's tn-house counsel'! 7 A Yes, ij Q In your pcrsonal belief, and again, 9 I don't want you to get into anything that you 1 I) discussed wilh your anorney or any insuuctions II you received from your attorney. 12 In your personal belief, was this !} Incident.. and I'm using inCident very broadly, 14 so if you want me to be any more specific, please 15 let me know. But when I say, "incident," I'm 16 ba.~ieally referring 10 what we've talked about 17 the last few minutes about what you basically put 18 down III your nOles. the incident between Ms. Ruth 19 and Ms. Messimer. 20 ThiS incident, in your personal 21 opinion, did Ihal COnStllute gross misconduct? 22 ^ A phySical altercation between two 23 employees conslllUles gross misconduct. 24 Q Now, In your personal opinion, did 2l you believe Ihat thiS InCHlent required that Ms. Page 58 - Page 61 - ----- ,-. - Ruth v Merek-Medeo Rx Services Page 62 Ruth be fired. 2 "Yes. 3 Q Do you recall .. I a,"ume you're a on.. maybe I'm makmg an assumpllon. Were you \ on speaker phone with your allomey'! 6 A Yes. 7 Q TillS confcrence call betwccn, 1 " assume, you, Mr. EISen, Ms. Hadge, and Ihe ~ attorney'! It) A Yes. II Q Was there anyone else Ir, the oftke 12 at this lime'! 13 A No. la Q Do you recall how long that I ~ conference call took? 16 A No. 17 Q We've talked about gross misconduct 18 and I think you menlloned a little bit. What WIIS I~ the actual gross misconduct? 1 know we've talked ~o about it pretty broadly here. But can you 21 specifically describe for me what your 22 understanding of the acts tha: were gross 23 misconduct? 24 A When Darcy was blocking the entrance ~.l to Winnie's cubicle and putting her face very - - -- - -- - Multi-Pagc '" Maura Snow 5/20/98 Page 64 I ^ Ye.'. 2 I) II/link we discussed you' It: not 100 ) sure when U1UI was a ^ Right. \ <.) Dllrlng Ihat m.'Cllng, was It ever o explamed 10 any of those employees whal gross 7 mISconduCt wu.f' " ^ Notthall recall. 9 l) Were they ever wllmed Ihal llny III conduct, that the clmduct, tile dlsagrccmenL', I II guess, thaI were gomg on belw.'Cn those two could 12 raise 10 a firing offense? 13 ^ Not that I recall. la <.) Do you recall, 10 the best of your 1\ knowledge, whether there had ever been a m.'Ctmg 16 of Ms. Ruth and Ms. Messimer WIth any otltcr 17 supervisor or management position employee of 18 Merck where that would have been discussed? I~ ^ 1 don't know. III Q Generally, would II have been .. II would thaI have ever gone up before Ms. Hadge, or II were you really the step that would have to lake l3 place first? l4 A Whal's the question? l~ Q When there IS an employee Page 63 I close to Winnie to state angrily, I will not lake 2 this kind of abuse from you anymore, Winnie 3 pushed Darcy away. That, agam. the physical a portion of what was already, I believe, II heated ~ verbal altercation, which I didn't see, which 6 they de.5eribed to me. 7 As it was described 10 me, Darcy 8 came closer to Winnie. Winnte push her away. 9 Darcy hit. Darcy, I guess. grabbed Winnie's arm 10 to push it away. Winnie hit at Darcy's ann. II That was what I constituted as the misconduct. 12 Q In your personal belief. is it your 13 personal brief that Ms. Messimer and Ms. Ruth 14 were equally guilty of gross misconduct'! I~ A Yes. 16 Q And the same level of gross 17 misconduct? 18 A Yes. 19 Q Is is there a company handbook, 20 brochure. or any wntten documentallon that 21 defines gross misconduct'! U A No. 23 Q 51epping back some, you had H indicatcd that there had bcen a meellng wl1h LIsa 2~ Russell, Darcy, Wmnle and you Leary Reporting (717) 233-2660 Page 6S I disagreement.. 2 ^ Yes. 3 Q" and I guess, can you agree that a there were some disagreements between Ms. Ruth \ and Ms. I'vkssimer? 6 ^ Yes. 7 Q And I'm not talking just on April 8 18. I'm talk 109 about before that. 9 A Yes, to Q Generally, when those things would II occur. would that be something you would get 12 mvolved in, or would that go up to Ms, Hadge? 13 ^ I didn't get involved with them that la much, with Darcy and Winnie, 1\ Q I understand that you weren't 16 mvolved with them that much, and I'm using this 11 rcally just as an example. I" ,I Yes. 19 Q But In an mStance where there would 20 be some disagreemcnts between employees who are II not gcltmg along for some reu.~on .. II A Yes. l3 Q" would Ihat be gcnerally your 14 dUlles to handlc or M.'. Hallgc's? Il\ A Yo, That would bc my duty. Pagc 62 . Page 65 -....--..--------- Ruth v Mr.rck-Mcdco Rx Services Q That's alii was trying to gel al. ^ Okay. 3 Q Now, we're In Ms. Hadge's oftke. 4 And the detenmnallon IS mude at that pOlnlthat l Ms. Ruth should be temllnated'! ^ ^ Yes. 7 Q And again, I don'l want you 10 get s inlo what was lold you by your anomey, bUI wus 9 that Ms. Hodge' .I decIsIon or was she adVised of 10 that'! II ,\ I don't recall, Q Old Mol, Hadge .. to Ihe best of your 13 knowledge, did Ms, Hadge agr<'e 10 lermlnale Mol, 14 Ruth'! IS A Yes, 16 Q And obviously, then she agreed to 17 terminate Ms, Messimer'! 18 ^ Yes, 19 Q Okay, So now we're In that office, 20 What happens ne.!'! 21 A We called on Winnie, She was still 22 in the building to let her know her employmenl 23 had been terminated, Sheldon and I spoke with 24 her in my office with Chief of Secumy, Dick 2l Bonneville, That is required procedure, 2 12 Page 67 I generally, if someone' .I being terminated and 2 needs to clean out their desk or accompanied by 3 security to do so, a Q Now, let's just step back a little 5 bit and maybe go in a little more specifics, 6 Is Ms. Ruth still in the inventory 7 control office at this point'! 8 A I believe she was, 9 Q And you said you called her to 10 terminate her, Did you terminate her over the II phone or you told her to come up to the office? 12 ^ No. I told her to come to my 13 office, 14 Q Vou spoke to her'! 15 A I don't recall. It might have been 16 Sheldon. 17 Q Do you recall whether she came up by I s herself! Did security bnng her up') 19 A (don't recall. 20 Q When Ms. Ruth gets there, is Mr, 21 Bonneville already there'! 22 ^ We were 0.11 presenl for the 23 determlnallon. 1 don't recall the specifics of 2J who alllved whcn. We were all In my office; 25 myself. Sheldon, and Dick BonneVille, Wlnn,e Kuth leary Rcporti ng (717) 233-2660 - - Multi-Page '" MlIUrll Snow 5/20/911 Page 6H Page 61> I, ! ~ I J I; were all there. I don't recall the order In wllleh wc arrived. Cj Now, I Just want to make sure of thiS. Whcn you sa,d we were all there fur the de:ennlnallon, yeu' re refemng to -- ^ ^ For Ihe tenmnallon. 7 Q Tenmnallon. Okay. Okay. Ms. Ruth s gets Into the office. What happens ne.!'! 9 .\ I e'plalned 10 her that the behaVIOr 10 she had engaged In was completely unacceptable; II was a lermlnable offense and that her employment 12 had been terminated. I gave her 0. bnef overall 13 of COI3I\,\ lights and e.plalned that there would be 14 a package we send out and that would be commg IS via mall wllh her last check and any vacauon she 16 WllS owed, and that Dick Bonneville would 17 accompany her 10 clean out her desk, 18 Q Now, do you recall specifically whal 19 you told her as 10 why she was terminated? 20 ^ ThaI the phYSical and verbal 21 altercallon consmuted a gross misconduct, 0. 22 termmable offense, 23 Q And that's" again, I'm trying to 24 get specifically n ^ No, that's not specific, I don't 2~ Page 69 I know. I don't know the specific words I used, I Q Do you recall what Ms, Ruth's 3 response was'! 4 ^ No. 5 Q Do you recall her telling you that 6 she was aCllng in self-defense? 7 ^ I don't recall the specifics of what 8 anyone said, 9 Q Do you recall her attempting to 10 e.plain at all what happened" II ^ I don't recall. 12 Q Did you ask her again what had 13 happened'? 14 ^ J don't recall. IS Q Did you ask her if she was injured? 16 ^ I don't thlOk so. 17 Q Old you ask her if she needed 18 medical help'? 19 ^ I don't recall. 20 Q Do you recall her asklOg you to call 21 an ambulance') 22 ^ No. 23 Cj Do you recall what her emotional 14 stale was 01 thIS tllne'> Was she cry,"g'! II ^ No, I don'tth,"k so. I do not Page 66 . Page 69 .. ------ - - ------- . -. r.nnirullion of Winnnle Ruth and DllI'q' M."im.r April IS, 1997 The foUowina flcts were relaled 10 m. by Dan:y Messim.r, Winnie Ruth,and Sh.ldon Ei..n u w. were 'oaether in their otllce th.. Iftemoon. M Ilealned each fact, I repcaled II blck 10 the paniclpanlS In the coDvenlllon to verify thll fbas a corrccllccOWII of who I h4d lnlUplred. AU panlclplll1lS Igreed thaI my Iccounl of the sllUlllon _, faclU4J. Earlier this mornina Sheldun E..en cri.d 10 s<:hedule I mCCllng In which DllI'q' and Winnie could talk OUI the dlll'erences they w.re having with each olber whJch w.re Qusina diJrupllon for lbe enllre !nv.nlory depanmenL DllI'q' agreed 10 ao 10 the mee'ing. Wh.n Winnie learned lballbe m.eting would Involve d..cussing dlffereoces wilb Darcy, she r.ftued to an.nd. She told Sbeldon thaI .h. f.1t .he should have been informed what the mccting would be about be fore she was uked 10 anend It. BetWeen 2:30 and 3:00 PM, Sh.ldoo wu Ilooe In the offic. wilb Darcy and Winnie. He look th. oppol'lWllty 10 lell them that regardless of wltelber or oot th.y wanted to attend I m.etlng h wu his expeClation u a manager lbatlb.y behave couneously and professionally toward one anolber. Winnie said thaI she would do.o starting Mooday. Darcy began explaloing loudly, wilb slammlog of various Items and other ph>"ical demonslnllion of anger, thaI she could no' behave civilly loward Winnie unlil she had an lpololD' from Wlnni.. She fell thaI Winnl. had been rude 10 h.r on lIWly occasions, bUI her plrtlcular concern "' the time involved a compul.r which Is shared by the enllre otllce. This comput.r had been left on a scr..n from which Winnie did nOlknow how to ace." lbe scr..n she n..ded to ord.r lbe shipment of imponant ov.rnight items. M I result, the Ilems w.re nOI .hipp.d. Darcy fell thaI Winnie had been v.ry rude In the way she explaln.d 10 Darcy thaI she (Darcy) had left the screen in I manner thaI Winnie eould nOlace.". M Darcy explained to Sh.ldon lbal she wanled lbi. apology .h. said many hunM lblngs aboul Wlnnl. loudly and well within Winni.'s hearingaiven the eonfll1.d .pace in lbe office. Wlnnla lben proc..ded 10 hurl insults II Darcy. The mo.talUlng insult involv.d derisiveness around the flct lbal Dan:y.. panlelpllinaln psycholoai..1 th.rapy. Darcy fehlbal this anacked h.r moral charact.r. In response 10 Winnie's insullS, Dan:y mov.d 10 wh.r. Winnie was .ining. Darcy blocked lbe enlnllce 10 Winnie's cubical and began to 1.11 Winnie loudly lbal she would nOllak.lbal kind of insult from h.r. Darcy put her flce very close 10 Winnia and was very UP'.I as she said these lbings. Winnie said thlt she relt v.ry frighten.d and pushed Darcy', face a~y. Darcy grabbed Winnie's arm, 1cavlns Wee bruisa marks. The two eonllnu.d 10 nail II .ach olber until Sheldon put his arm between them. They continued to nail Sheldon's arm. When lbey finally stopped, Darcy poshioned henelfin lbe .nll)' way to Winnie's area and refus.d '0 move. When h. was cenaln lb.t the two were done trying 10 harm each olber, Sheldon phon.d m. and asked m. 10 join th.m. I uk.d Darcy why she was slanding in Ihe enll)' way. She said. ..Bec.us.... I ask.d lbe group 10 expl.in to me whal hid been aoina on. The ICCOunt as r.lat.d abov. is whir lbey lold m.. Each had an opportUniry 10 spuk and I ,"ch.d these faclS back to them. Th.y agre.d th.tl had . facNal rendilion of the .v.nt. Darcy th.n said lbat she h.d '0 I.av.lo pick up a child and she loll. Sheldon and I left Winnie al h.r desk and called a m.eting wilh VPGM, Caron Hadg. and I.ga' counsel (by phonal, Jack Shea. I rel.ted tha abov. f.ell. We agr.ed thaI '0 assaull one anoth.r a:llhe wom.n had done was aro" misconduct and th.1 bOlh would have th.ir employmenllennlnaled. ~l EXHIBIT Snow 1 / -1 146 bh? -------------- 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employee? A There was no union in the building at the time. Q Was she asked to be become an inventory specialist, or was she told she was going to become an inventory specialist? A I don't recall. Q Do you recall was it your decision to make her an inventory specialist? MS. JETER: Objection. Asked and answered. You can answer if you do know. A I don't recall whether I asked her or she asked me, but it was not working well. And the lead status was terminated. Q I guess what I'm actually trying to ask, You had the authority to make that switch? A Yes. Q Do you recall ever discussing it with any of your supervisors? A My boss, yes. Q What did you discuss with him at that time? A I told him that I am -- what I intended to do and asked him if he had a problem. He s a.i d no, and wed i d it. ., , I " I I II " I, , " , ',' , \. ',I , " I' "; " I I I I, JI, " , p "0 I 9,,' ..0 -j'Jt:' "" :[1 " Ih-'!1 ~-'J ,'I'I~ .>; i~:' '13~ f''' tn ! '..lc. ~ . " , J. " :..~ ~}~ '-. i~') ,. 'I', ;':J W >)~0 : '.J .J.. ~ I, ." '(11 I' " " " " ..--- - ~':"~-"~"';'''~~''';'-'''':-J..,-r , , , .1' " , , I' ," ., , ' (} \'J~) , .-, :! - ~~, II "'"Ii.. ., -I> , " " , , l' ' ." I .~;I , ,I Ii.'! ~ :,' ". " II , '""J j,:1 1.- ~ " ' J lo.;": 1\,' ',I " I ,.. I., r:- . ~I~ ',' , .. ,.' :) ,I , '. " r..:: .'.1 -, " ..' , , " " , , I; ~ p ~, ~ )., (,~ ,~ ~ ,,'J " " , il'.i (j ~, ("l (" 1'" '\'1 r~\ ;"; '; .0:-,. ) r.... '," '4'3 liF 0 , " - ~/ ; " .... '1,lll~ ~-,: , " ' 1(') .'t"! ,.1+ , ~.,'~ "3. ~ ~~"~ :) ( - :;-;inl .. ~~ I Hi' :~J -~ ," 'q ,':.... d, , @ ~ t ,11 . " ,I I I, " " , I ,,,., ~ D 0..) , ~. '~ ,'J ;3:,;; " 'J , , ':~j I .- I ~. t ' ::,'..1_'1 ,'5 ~) """) ~.. \.. ''''IJ I., ..~ I' J(.) ..ll:( ~.i ~""jrn 'I .. "~I , '" h. " ;<.J '11 (J;) -<, , , " I , I' . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION .LAW : NO. 97.5479 Civil : JURY TRIAL DEMANDED WINIFRED F. RUTH, Plaintiff MERCK-MEDCO RX SERVICES OF PENNSYLVANIA, L,L.C., Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, Merck-Medco RX Services of Pennsylvania, L.L.C., Intend to serve a sUbpoena Identical to the one that Is attached to this notice upon the Upper Allen Township Police Department. You have twenty (20) days from the date listed below In which to flIe of record and serve upon the undersigned an objection to the subpoena. If no objection Is made, the subpoena may be served, DATE:(J~cl~ /fge J~!:~~e Sup. Ct. I.D. #07171 Michael D. Pipa, Esquire Sup. Ct. I.D. #53624 Mette Evans & Woodside 3401 North Front Street P,O. Box 5950 Harrisburg. PA 17110-0950 (717) 232-5000 and Joel H. Kaplan, Esquire Stephanie P. Marks. Esquire Seyfarth, Shaw, Fairweather & Geraldson 55 East Monroe Street _ Suite 4200 Chicago, IL 60603 (312) 346 - 8000 Attorneys for Defendants, Merck-Medco RX Services of Pennsylvania, L,L,C. " r , , , , " , " " " " " , , " 'I ';J , , , 0 "r)' (') ~I~ 'U II '. ~~ " "I' ~ ~, I i !Ii 'I~~l Il~: ~' '. , - In , :JC") "l ,..:; , ,L.) 'I" " I','. .: ..\j 'i':' :') ,,-"" I_J(I~ j;1 ",.n ~L ./: ~;) " o' , ~1 ....l 'r" ", .0 ,:!~ " " , " I, g ", l~l) ", . 1 i'; t" -! am" r~'. d rl~ ,,) '~iX: N "lIt, n ~.' w. i,!.) 1'!~ !<,' t,.. '"T' ",1 ~~~ :j,: ), ~ " ~ '. W ,-5[1 .. 'r; ~ CJ) :q -.. , . " ., v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5479 WINIFRED F, RUTH, Plaintiff MERCK-MEDeo RX SERVICES OF PENNSYLVANIA, L.L.C., Defendant : JURY TRIAL DEMANDED MOTION TO CONDUCT DISCOVERY ON PUNITIVE DAMAGES PURSUANT TO Pa. R. Civ. P. 4003.7 AND NOW comes the Plaintiff, by and through her attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Motion to Conduct Discovery on Punitive Damages Pursuant to Pa. R. Civ. P. 4003.7, as follows: 1, Plaintiff instituted this suit on October 6, 1997. 2. Factual discovery has been conducted from such date, is now complete, and has been complete for several months. 3. Plaintiff has alleged causes of action for Wrongful Termination and Negligence, arising from Defendant's termination of Plaintiff's employment as well as negligence in falling to provide a safe workplace and protect Plaintiff from the physical assault of another employee. 4. Plaintiff has alleged, under both causes of action, that Defendant acted In a willful, wanton and outrageous manner and with complete indifference to the rights of others. (See Paragraphs 35 and 41 of the Complaint) .... 6. Plaintiff desires to conduct discovery on the Issue of punitive damages pursuant to Pa. R. Clv. P. 4003.7. Particularly. Plaintiff wishes to conduct discovery regarding the wealth of the Defendant. and Defendant's yearly net and gross Income. 6. Plaintiff desires to conduct such discovery Immediately by a Request for Production of Documents. requesting Defendant's state and federal tax returns for the last 5 years, as well as written Interrogatories regarding Defendant's yearly net and gross Income for the last 5 years. 7, Plaintiff would agree to not disseminate any Information to third parties, excluding experts retained to review such Information and/or to testify at trial. 8. Defendant has refused Plaintiff's request to voluntarily conduct discovery on punitive damages. Plaintiff had originally agreed to withhold conducting such discovery on the basis that Defendant would file a summary judgment motion, allegedly addressing such Issue. by May 15, 1999. (See Exhibit "A", attached hereto) 9. Defendant has failed to file such motion, and therefore Plaintiff wishes to conclude all pertinent discovery and thereby list this matter for trial. 2 , , , , ' " " " " I' 1-.1 , " " 'i' , , , , q ~ () ~!tt .... ';f1 >1'7(.:' I:"'l .oj 'I ' -"'I 1;''.";.1.-'' 'j LI"'iJ. I ""J ~r .- ,1(1) ~ '1" " :\\ " ... " -. . , .~;. (" :1 " ()il l': N , ,. ,"" ::'1 :.:> ~(:J en ~..., -. ..... " ;>!/ " , , tinancial infomlation. Thus, Plainti fi's motiOllto compel should be denied. See Killg v. Logl/e, l) D. & C. 3d 137, 139-40 (Philadelphia I InS) (in order to prevent abuses, tinancial infomlation is not discovcrable unless "plaintiff has shown prima facie proof of the right to recovcr punitive damages,"). 5, Defendant admits that Plaintiffdcsires to conduct discovery on the issue of punitive damages. Howevcr, as set forth above in Paragraph 4, this Court should deny Plaintiffs I'equestto do so. Furthennore, insofar as a motion for summary judgment is pending, it would be premature for the Court to order discovery on the issue of punitive damages at this time, 6, Defendant admits that Plaintiff seeks discovery as specificd in Paragraph 6 of its motion, However. Defendant denics that Plaintiff is entitled to conduct such discovery. 7. Admilled. 8. Admilled. By way of further answer, Defendant states that itliled its motion for summary judgment on May 25, 1999. Defendant had originally planned to tile its motion for summary judgment on May IS, 1999; howcver, due to schcduling conflicts, it was unable to do . so until May 25, 1999, Defendant contacted Plaintiff on or about May 19, 1999, to inform Plaintiffofthis short delay. Apparcntly, however, Plaintiff had already tiled her motion to conduct discovery on punitive damages. 9. Admilled. See a/so Defendant's Response to Paragraph 8. WHEREFORE, for all of thc foregoing reasons, Defendant respectfully requests that this Court deny Plaintiffs Motion to Conduct Punitivc Damages Discovery. 3 " , , ,Ii ,'; I', '" " " , " " () ;' Ii. ~ ,\.1(\'. 1';;\_;; .....i 1', " t',-, ;..~ ~.:J :., 1,1 "I~I, ..j (-r ).~ t' , .y '::';,) '- , , , , , . I'" le-rT) t-:; ,lor ,il L) 1:'-; , I .IJ \ '-1 , , ,1\ ~I) , ) .. ! ," :.II .- r', " WINIFRED F, RUTH, ) ) ) ) ) ) ) ) ) ) CIVIL ACTION-LA W JURY DEMANDED Plaintilr, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs, MERCK.MEDCO RX SERVICES OF PENNSYLVANIA, L.L.C., No. <)7-5479 Civil Defendunl. DEFENDANT'S MOTION !'OR SUMMARY JUDGMENT PURSUANT TO I'll. R. C. P. 1035 Defendant, Merck-Medco Rx Senices ofPennsylvunia. L.L.C'. ("Merck-Medco" or the "Company"), by its allomeys and pursuunt to Pa. R. C'. P. 1035. moves this Court for entry of summary judgmenl. In support of its mOlion, Defendant stales as follows: 1. On October 2, 1997, Plaintiff Winifred Ruth ("Plaintifr') filed this wrongful discharge action against Merek-Medco, a mail service phannacy, because she was disappointed that Merck-Medco lenninated her employment following a physical altercation she had with her co-worker Darcy Messimer ("Messimer") on April 18. 1997. Although Merek-Medco also tenninated Messimer's employment for this very same reason. Plaintiffnonctheless alleges that her own tennination was unfair. 2. Plaintiff alleges three claims for relief, all arising from the tennination of her employment on April 18, 1997: (1) breach of an implied employment contract, (2) breach of the covenant of good failh and fair dealing, and (3) negligence. All of these claims fail as a mailer of law because the undisputed facts show that Plaintiff was an at-will employee who could be tenninated at any time for any reason, or for no reason at all, and whose tennination cannot be the basis for any right to relief. 3, Plaintifrs claim for breach of an implied employment contract should be I ' 7, Finally, Plaintifi's requcst for punitive damages should be dismissed lIS a mailer of law because Plaintiff hIlS failcd to come forth with any facts showing that Merek-Medco acted In a willlul, wanton, and/or outrageous maller, 8, The pleadings Wid dlscovcry in this malter are closed, 9, Pa, R,C,P, 1035 provides that after the pleadings ore closed and at such time as not to delay trial, a party may movc for summary judgmcnt based upon pleadings, affidavits. requests for admissions, and other malters of record IISking that judgment be entered In its favor because there exists no genuine issue of material fact and the moving party is entitled to judgment as a malter oflaw, 3 " . . ! . , , " , ' ,'i " , , . n t/:) I') . <:~ ~'J , "i;r'. -". ,I ,. :~_'J '. r'lc', -, < '" ~"~'il ',,) , f:J.~i . I (J1 . I ..j- , ,~ , c~~ ( " -t, ., 'ilr :J: '. ."j ::=; -..1 , "-'1 II ,. ~hl~ . ':':' , , , . "';,:1 ;'! '';J' ...., '1.1 ,- "" .~ ,...; il , , ' WINIFRED F. RUTH, Plaintif f v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q 1." 'I 7'1 C..v<-t "Cu..- 'MERCK-MEDCO RX SERVICES OF PENNSYLVANIA, L.L.C., Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes plaintiff. Winifred F. Ruth. by and through her attorneys, the Offices of Fenstermacher and Associates, and files this Complaint as follows: 1. plaintiff, Winifred F. Ruth is an adult individual with an address of 31 Honeysuckle Drive, Mechanicsburg, pennsylvania, 17055. 2. Defendant Merck-Medco Rx Services ofJ?ennsylvania, L.L.C. is a Pennsylvania corporation with an address for conducting business at 5073 Ritter Road, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff began her employment with Defendant in or about 1988. 4. Within approximately one year of commencing employment Plaintiff become a union member with Oil. Chemical and Atomic Workers International Union, Loc"l 8 -234 and Oil, Chemical and Atomic Workers International Union AFL-CIO. (the "Union"). 5. The Union is and has been the collective bargaining unit for unionized employees of Defendant. 6. In or about 1990 a management official of Defendant requested Plaintiff to relinquish her union status. The purported reason for such request was this relinquishment of 17. Later that day, Plaintiff was called to the office of Maura Snow, Human Resources Manager, and was fired. 18. At no time was plaintiff ever allowed to tell anyone from Defendant her version of what occurred, in particular, that she was acting in self-defense. 19. It is believed and therefore averred that no employee or supervisor of Defendant wi tnessed the specifj.c physical incident between Messimer and Plaintiff. 20. Plaintiff was advised that she was being fired due to a physical altercation with a co-worker, and such altercation constituted "gross misconduct". 21. At no time during her employment with Defendant was Plaintiff provided with an oral or written explanation of what constitutes "gross misconduct". 22. plaintiff filed for unemployment compensation, which was approved. Defendant did not contest this filing. nor appeal approval of the filing. 23. Upon information and belief Messimer was charged by the Lower Allen Police Department with harassment. Upon 'information and belief Messimer plead guilty to such charge. 24. At no time during the course of her employment with Defendant had Plaintiff ever received a negative evaluation. warning or other form of notice that her job performance was anything less than satisfactory. -----j> , COUNT I WRONGFUL DISCHARGm 25. Paragraphs 1 through 24 are incorporated 'fully herein by reference. 26. It is believed and therefore averred that under the current and effective union contract no employee may be fired without just cause. 27. It is believed and therefore averred that the Union contract establishes a grievance and arbitration procedure for union employees who have been discharged. 28. It is believed and therefore averred that the Union contract requires that a union representative be present during the discharge of any union employees. 29. By relinquishing her Union membership, Plaintiff incurred the detriment of the loss of protection afforded to union employees. 30. By relinquishing her Union membership to allow Defendant to hire an additional employee, Plaintiff provided consideration to Defendant, provided a substantial benefit to Defendant, and incurred a substantial detriment of which she was not required to provide. 31. Due to the above, plaintiff was not an employee at-will. 32. Plaintiffs discharge without just cause is a breach of contract. 33. Plaintiffs discharge was a breach of the covenant of good faith and fair dealing. 34. Due to Defendant's actions, Plaintiff has suffered damages in the nature of loss of income and loss in value of benefits. 35. Defendant's actions were willful, wanton and outrageous under the circumstances and done with complete indifference to the rights of Plaintiff. WHEREFORE, Plaintiff Winifred F. Ruth respectfully requests this Honorable Court enter judgment for plaintiff and against Defendant in an amount greater than Twenty Five Thousand ($25,000.00) Dollars, plus punitive damages and all other relief deemed fair and just. COUNT II. NEGLIGmNCE 36. Paragraphs 1 through 35 are incorporated fully herein by reference. 37. Defendant has a duty to provide and maintain a safe work environment and protection of it's employees. 38. Defendant Imew, or. reasonably should have known, of Messimer's propensity to act violently. 39. Despite such knowledge, Defendant failed to take steps to protect other employees from Messimer. I'~ {~, I, Winifred Ruth, do hereby swear to and affirm the following: 1. I commenced employment with Merck-Medco RX Services of Pennsylvania, L.L.C. ("Merck") In 1988. 2. At the time I started my employment with Merck, no union represented Merck employees. 3. In or about 1969, the 011, Chemical and Atomic Workers International Union, AFL-CIO (the "Union") unionized the Merck employees. At that time, I became a member of the Union. 4. In or about 1990, I was requested by John Payne, my supervisor at Merck, to relinquish my union status. The reason I was told this was necessary so as to allow Merck to add another non-union employee to my division, that employee being Darcy Messimer. 5. I consonted to this request, based on my belief that Merck would continue to provide all of the same benefits and protections I enjoyed as a union member. Such benefils would have Included certain protections from termination of employment without just cause, as well as defined procedures should Merck wish to discharge an employee. Those protections and procedures are set forth In the relevant portions of the Union Agreements In place from March 5, 1994 to March 4,2000, attached hereto. 6. I receivod no benefit or odditional consideration from Merck for this change to a non-union employee. 7. I worked in the same division as Messimer for approximately seven years. "'--'1, i'...... 8. During that time, Messimer was extremely combative with not only me, but also other members of the staff and supervisors. 9. I repeatedly voiced my concerns regarding the Inability of Messimer to work In a professional manner to Merck's management, Including Maura Snow, the human resources manager. I further voiced my concerns to management that I felt threatened by Messimer. 10. In the week of April 14, 1997, Messimer became extremely upset with me due to her belief that I had turned off her computer. 11. On Friday, April 18, 1997, my supervisor, Sheldon Elsen, asked me to attend a meeting with Messimer. At such meeting, Elsen asked me If I could work professionally alongside Messimer, to which I responded "Yes". Elsen asked the same question of Messimer, to which she responded "No". Messimer then began to get extremely irate and addressed Eisen, with a loud tone of voice. 12. I went to my cubicle and sat down. Messimer then ran toward my cubicle, stood at its entryway, and refused to move. I remained seated and extended my arms to protect myself from Messimer as I felt threatened by her. Messimer then violently grabbed my arms, which caused injury and bruising. I again asked for security to be called, but Elsen did not do so. 13. Finally, Eisen placed himself between Messimer and myself and pulled Messimer away from me. 2 .-.. 14. Maura Snow then ceme to our work area to Inquire as to what had ocuurred. I advised Snow that I was physically attacked and acted solely In self- defense. 15. Later that day, I was taken by the head of security to the office of Maura Snow. At this time, I was terminated. I attempted to explain to Snow what had occurred, but was not provided an opportunity to speak. I was then escorted out of the building by the head of security. 16. I reported the assault to the Upper Allen Police Department. Messimer was charged with harassment. I was not charged with any offense. , " 3 \ 1. t Ilttifl{ t i II ~ i It g' t ~ 1 1 i ! t i ~ i ; l 8 [ ~ 1 ~ l It I t ~I'dp I I l 111 · · ~1'\.~~ It ~ I It . e ~ s'l ~ ~ lLhHI ~ t i ! l l ! i 1 t 1 i t I J It ~ t ~ ~ ' I P " II , ~~9,1 9, ~. l II I ~ ~ ~ I'! . ! ,. ..--....-..-...---' \ \ I a. ~ \ ~ t i . ft I. 'i ~ U~ ! ~ I . 1 t: ~ l 1 a. 1- [. ~ ~ ~ \ I ~ 1 i ciil \ l ~ III It ~ t . It A !. \ I In i ~ 8. III \ ! f. ~' tit 5. I t ll' I , . 5. . 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' ll~ t1f{a . 1P.'P~s,Hf J Ii ,I. h fit! iJJIdt~ PH I) P I] Jd!al }~U tr ~! ill prU h il{~. il If t f Jhl'~' lJ ~ Jf Jli l~[J { tiff h Ii! · fir ltp I. ~ f fJI~fr ih~lJf~ If It r.f. d li.~IPI JSJPJlf t1 Jrl~J q d(iS,n, Q'ifll.l IJ'llJr. 11' f,f HII'fl' .dr1uf 'ffJq . -~ '.( lH JS,Jl" Il_~ ~ 11 'lA! fg,1l- 13 'I!n Pf hP.;>1 ! "S' i 'i ofS,' of i, 1 f It il, f t1'I Iflt'IJ1r IIil, hda IiI ~ I fr.c;J~ ~ It ~I ,! ~ t tot dl I IJi ll~il, l!liJ hi lil,fr Irl. Hf lid I.fJI~' ffr iJS I fl i ~ t}'t Pi!i !Jl Ifl lfltl fl! an 1 2 3 4 5 6 7 8 9 10 oomplaint? A Yes. Q What did Don Bailey say about Ms. Ruth? A They had the same oomplaints that they had about Ms. Messimer. She was bossy and brusk. Q What did Ms. Messimer oomplain to you about Ms. Ruth? A That she was, you know, overbearing, 11 bossy, trying to -- same type of thing. \, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 \ Q In your position, would you do performanoe reviews of Ms. Ruth? A Yes, I do. Q How many did you do? A Well, all that were done until I left, exoept for the period -- exoept for a small period. Q Generally, how would you review Ms. Ruth as an employee? A She was a good employee. Q How about Ms. Messimer? A The same. Q What was Ms. Ruth's position when she w.orked under you? 1 2 3 I 4 S 6 7 8 9 10 11 12 t 13 14 15 16 17 18 19 20 21 22 23 24 ,~ 25 lS o Is that considered a demotion? A No. o Why was she taken out of the supervisory position? A The supervisory capabilities weren't as smooth as we had hoped. o Had she asked you to take her out of that position? A I don't recall. o Then, I think I used two terms for that, supervisory or management. I think you would agree that it is a supervis~ry position? A Yes. o Is it considered a management position? A No. o Do you recall the dates that she became a lead inventory control? A No, sir, I don't. o How about when she went into the other inventory specialist position? A No, I don't. o When she first started working under you, was she a union member? A No, sir. ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 \, ',- 17 employee? A There was no union in the building at the time. Q Was she asked to be become an inventory specialist, or was she told she was going to become an inventory specialist? A I don't recall. Q Do you recall was it your decision to make her an inventory specialist? MS. JETER I Obj ec tion. Asked and answered. You can answer if you do know. A I don't recall whether I asked her or she asked me, but it was not working well. And the lead status was terminated. Q I guess what I'm actually trying to ask, You had the authority to make that switch? A Yes. Q Do you recall ever discussing it with any of your supervisors? A My boss, yes. Q What did you discuss with him at that time? A I told him that I am -- what I intended to do and asked him if he had a problem. He sa.id no, and we did it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 Q Did you have any discussions with Ms. Ruth of what the effect would be of her not having union status anymore? A No. Q Did she ever ask you? A No. g Did you ever discuss this switch with the union shop steward? A No. Q You never had any discussions with Joe Favinger about this? A No. g Joe Favinger never raised a ooncern to you that it was improper to take someone's union status from them? A I don't recall. Q Was Ms. Messimer union? A No. g Did you have to fill out any documents or paperwork when she switched positions to inventory speoialist? A I didn't. Q When this oocurred, do you recall whether Ms. Ruth signed any documents? A I don't know. 1 2 3 4 5 6 7 8 9 10 11 12 ( 13 'l. 14 15 16 17 18 19 20 21 22 23 24 25 I -', 22 filed a lawauit againat Merck-Medco? A Jack Shay told me that two wa.ka ago. Q Other than that, you never heard it from other employeea? A No. MR. EMERYI That's all the qu.ations I have. MS. JETER 1 I just have one question. BXAMINATION BY MS. JBTBRI Q Do you recall Ms. Ruth ever complaining about the change to nonunion statua? A No. I don't recall. MS. JETBRI That's all I have. MR. EMBRYI That's it. Thank you. (Deposition adjourned at 12140 p.m.) I have read the transcript of my deposition and it is true and accurate, except for any corrections noted on the attached errata sheet. ~ _ '1 \ :1-1. , "It '1_.~ D.te ~~ p~ine ~ ~-. MlDeO CONTAINMINT IIAVICII,lne" AND lTIllJIlllllAAIII private data NON-EXEMPT EMPLOYEE PERFORMANCE APPRAISAL 7/26/91 D.I, Prlll*'" . 3+ ,.rtOftNMle II...... N....., II- I' NAME: Winnifred Ruth _ DEPARTMENT: Inventory DEPT. NO: IIH303 POSITION TITLE: Inventory Control Specialist REVIEW PERIOD FROM:7/26/90 TO: 7/26/91 DESCRIBE BRIEFLY THE SPECIFIC WORK THIS EMPLOYEE PERFORMS: Determines material requirements. procure. meteria1, expedite. material, 'ACTOII IJlClI'TlONAI. WRY 0000 0000 Rl!OUlAIa UNACCI"MU IIIPAOYIMINT _ITY ._.,.,m. accuracy. Wort I, lup.nor, Ou.llty S.U.tI.. and mly o-oIy- "'" Quality 100 poor 10 ,.tt.'" Accuracy IhorOuonnt.. and or wcm con.llllnU., high occ--'on.lty ,.cHd meet 1Undard1. In I" wtthoullm"'ldiat. Economy of mallnal. nellMll. and rreql,ttnUy ..ceed, requlrenMnl.. RequWelImpn:MImelIC. ImplOWrMnl. loonomy of U"'I~illht' ,tandlrdl, own Ind olne,., Ntll"," Thoroughnne effective".,. QUANTITY Elltrtmetv hlO'" ,pod Output v.ty nigh and S,UltI.. and m.)' a.........,_ Output too k\adlqUI" 10 Producllwe output .nd volume 01 oulput. lrequ,nIlY'llc.td'jotl occ:u'on,lty ..eNd -- ,.lI'n In ~ w1lhoul S~ 1M con."tlnc)' requlremenll. requlr.menta. AeQulrM ~tI. ImfMdll'l .mprovemenl. 01 OUlpul RILIAIIILlTY E."lmet)' relllbll In 'rlqul'Uty IIlCted' 1'v1>lcally_, Too unrtfllbfe to retain 'OIkwrlln'lrucllon, III "'lPIClI. notmll ~b rtqulrlfftlnu. AequirM ~~nM. In IOl> -'_'Inl_. Judglmlnl tmprcwement. DI'INDAIILITY PunClu.llty Ind "I~dll\C1 S.f.ty"..1 la'remet)' dlplnd.b.. In I" relPHt.. 'requenll)' IIlCMd' A'Qul.rly mMII .nd mly norm.1 ~b Nqulrlrnenll. OCClltonatty ..CMd lI.ndardl. a........., doe, "'" .....~ RoquiIft~. Too unMpenOlbMi to ,..l.Iln In lob wtthout Immtdl'll ImprlWMMnl. I"ICTIYINIU IN Obl.ln, "igh". rupeet AbllUy ,uPl'lor 10 Mlln..inl."ecll.... MllrMa'nt wortc.lng RI'llion, fOO Inltree"'" D.ALINO WITH .nd cooperltlOn from norm.l tab requirement. wort"no rel.tlonlhlp. relallonlhlpe, 10 rlll'n InlOb wUhoul "0'\.1 olhl". Goe. oul or wly 10 ,nd 'I cooper.II..... AeqUlrIl ImPfOYlmenl. Immedllllllmprovemenl. Illt.nIIOwt'lIC" CooPI,ltt .mploy" cooper"" MM0041 wllh. Ind ,""utnc.. peopIt MlI"t conl.ctl KNOWLIDOI 0' E.c'lItnlllnowl~ of "'rlorm, .11 or 'hi dull.. Llmlled to 'Imp'1I1 Till JO. III dull.. Of 1..lonmenll; or 11I1onm~lI: hI' dUlle,; 1\1. no knowledge Tecl'lnlClI lnowttdgt 0' . hll IIlCIC)IIonllly gOOd good knowttd;1 ot 0' r,llled work. job Ind rel'l,d worll: wOrtling Ilnowlld;e of '11""'..orll, "Irlllllll)' r,ltlld work OYIRAl.L IYAl.UATION "'rlormlnc. con'illeAtly Perform.nct con'tllllnlly Performanc. usually dot, Per1Qrmtnc, II below 0' OlR'ORIlANCI 'Ir 'lilted. 'IlDlCtltlonl '.CNd'I.peclll1on, not mHt IXPICUIIIon, II'Id In, minimum ICCI,IIIHe Ind lob requlr.m,nt. minimum ,equlrlments lor 1111.' lhe fOb lAd rlQUlrll imprOYlmenl. .IR,OIIlfANCI I S-J.. , 4 I "..TINO MUM.,,, C01348 (2/841 Ptitullk1ln.I" .. .- .-- ...~.- .~_._. ,.- . FACTOR RATINGS - Summarize th nona lor ..ch laclor rating by compar. .Jerformance 10 "tabUahad atandardo. Whal accompUahmanla or abUIU.. wara ahown by Iha employ.. during tha review parlod? What are.. nead Improvament? 1, QUALlTYOFWORK-Untiring end essertive in meinteining stock belences,eKpeditir. delivery, end eetisfying emergent requirements, Digs into root csuses of BiiAeeie9dPf8~l!mar8ae~!OO~~8c~~!HgdR~etMge~~~Rlt~5P~RhO~Y9s~e phermscy. Hes r 2 QUANTITY OF WORK- Hekee deily use of eveilllble tools to pursue 8IIch Hem'e . belence on hend end outstending procurements, ^9greuive eotion hes further reduced splits percentege from ,5% in FV92 to .4% in FV93, Untirin9 efforts heve ellowed her to be positive fsctor on CAT, 3, RELIABILlTY- Does whet she edvertises , Accepts end resolves ection items from meny sources including locel end corporete. 4. DEPENDABILITY- Dedicetion to top level performence r8lldily evident in deily processes. Tekes time to think, coordinete with ell involved. Arrives et excellent judgment base prior to meking timely decisions. II EFFECTIVENES. IN DEALING WITH PEOPLE _ Hes workad hard in this Brae to be e taem , plsyer. Hss become intimstely familisr with all deparment procedures. Continues to act in department msnager's abser ~V'e~eieli~~lant judgmant, priority setting and sbility to communicate dasirel I,OVERALLKNOWLEDGEOFJOS- Has developed reputation of top performer in inventory mattars including sourcing material, sssuring timely dalivery, offerin9 to aseist corp, HO buyars, Thoroughly researches her position prior to ection. GENERAL COMMENTS CONCERNING THE EMPLOYEE'S PERFORMANCE OF HIS/HER DUTIEI - EKtramllly pleasad to hava. Dedication is immediately and continuoualy evidant. t'!OMRLETED IY DATE APPROVED IY DATE D I' D"'T~ ~ - ":1..\")" ~h-..-- .,I''tI.",I..r..-AJ.hJl... fill"\:!' What Plan.~ agreamant. were reached with the employee for performance In IIl.!..!9lure? '~ EMPLOYEE REVIEW OF THE PERFORMANCE APPRAISAL: I have reviewed thla apprallll and discussed Ihe conlenls with my aupervlaor. My algnature mlln. that I have been advised of my performance and does not nec9Sssrlty Imply Ihatl agree wllh Ihe appraleal or the con lent.. I have noted any commenls regarding the appralsel below. MMOO38 tA..Lt~ ,,~ ~ /____ / ::r-~ 9-3- 93 EmpIOYH" Slgnatur. Oatl: 1/ . MIDCO CONTAlNMINT aIAVICEa, Ino., AND IlWllUalllOlARIU "'-..-' ,'" . prlvete data .. NON-EXEMPT EMPLOYEE PERFORMANCE APPRAISAL July 26. 1992 0... Pttpa," 3 "'''Of'1lKlMt ....,ne Ny"" 1\"1 NAME: Winnie Ruth DEPARTMENT: Invent, C~ntroeEPT. NO: POSITION TITLE: Inventory Control Spec, REVIEW PERIOD FROM: Y26/9ITO: 7/26/92 DESCRIBE BRIEFLY THE SPECIFIC WORK THIS EMPLOYEE PERFORMS: Procures and expedite a material to aati.fy uraent requirementl; maintains 1iailon with Corporate HQ to inaure aufficient atock levela of drugl are maintained, Acting Department Hanager il hil ablence. '''CTOII IXCIPT10NAL VIRY GOOD GOOD REQUIRES UNACClPTAlII.I IMPROVEMENT UUALITY Elllre,M MCurlCy, Wort. 1llUlMNor, Ou.llIy Slll,I... and may Oont<lliy_"'" Quality too poor to ,.1111'1 A"ur.~ IhorouGh,..... and of wol1l conlllltnlly hlgn occulonllly '"CMO -- In lob wllhoullmmldlltl lconomy of mll,rilla nt.tn.... 1M "IqUfnlly 'lleNdI requlrtmentt. RtquW..lmprtwmtnl. IMptOYtmt'\I, Economy of time ("11IM' ,lAndard.. own and otheR) NNI,.II ThOrough"... -, ...., XI -, -, l"ecUv..,... OIIANTITY b'"...1y hlgh ._ OUlput very nlOn and S'UIIIII and may Oonorolly ",.. Output '00 1.._.. .. PrOducUve output Ind votume of output 'requently ..eMdt job occ..lontUy Illceed ,oqulromtnlL ,.~n In tob wlthoul Speed and conll.llllney requirement., '~ulllmfnll, Roqulro. ir1lj>nMmonl Immedllt. tmprovremtnl. 01 oulput -, n XI -, -, RILI"IILITY E.,,..mtly ,*lab.. III 'r.quently fleNdI Can b. rei.., on to l'jpicaIlylOll_, Too unreliablt 10 ,elliln FOItow, 1"11''1,1101'1 ,11 rllPfCtl. normal tob requlremtnli. m"llnd may ...~ Roqulroo~, In job wUhou' Imrntdl.l1t JudVlmenl requlllmenli lmproyemtnL ocelllonllfy. -, fx1 -, -, -, DIPiNDAlILITY IJltr.mtly dependlblt In Frlquently fleNdI Regullrly mett. Ind may Oonorolly _ not Too und,,*,dIbM to "'nclulllty Ind 'fl"'lpeell. nonn,llob requl",mtntl. ocelllonllly..eNd -~ retain In ~ wllhOut .nlndlnce lIandlrdl, RoquIroo ir1lj>nMmonl ImlNdlal' ImplOVetNnL Slltly habUI I IXJ I -, -, l"ICTIYlN..IIN Obl,'nl hIVh.., rnjMCt Ability luparklr 10 "'llnl,ln. .Htcllvt Malntalnlwortllng Rtl'llOna too ..,.,fec:llve DIALINO WITH .nd eoopertUon Irom norm,llOb ,.quir.m,ntl working rtllllonl,,11)1 rellllonanlpt. to rlt,ln In lOb wllhout '10"'1 olntrl. Ootl oul 01 .ay '0 and 'I cooperatjvI. ~rtI~. unmtdillt Improvemenl. laltnllo which cooptr.'t. emplOy" cooPt'"'' MMOO39 .U". and lftllutnc.. PlOP" Mil'" contacl1 -, .., Ix1 -, .NOWLlDOI D' E.cllllnt knowltdoe of Plrior"'l III 01 tht dutlt' Perlorm' III 011"1 dull.. PerfOrm' dull.. or Limited to 11~"1 THI JOI III dull.. or IIl1gnmlnll; ..,igned; ".., very or ...~gnmlnl'; "" UOlQnm.nIO ~ dUll..; nil no Ilnowtedgt TtchnlClllu'IOwltdglol nil I.Clf)lIonally good good worttlng knowlldgl good knowlldOI of bttaw 1tIndIrd: hu IOmI 01 ,1I111d worll. lOb Ind ....1.led wort!, wO",lng knOWledg. 01 01 ral.led work IItllld work k~cI_od""', verlllility "III.dwClrt!. Aoqulro.llYtpnMmonl, -, -, Xl n h OVIRALL IVALUATION Ptriormlncl conlllllllnllV Ptrform.nct con.llllnlly PtrlormlnCI conl.tttnlly Ptrlormancl ulUdy dOM Pw,formtnc. 'I "tow O"IR'ORMANCI fir lIIac..d. Up.CI,lIon.. ,Iceed. .ap.CI.llon. m..l, IllptcllllOnl .nd not tnNI pptClttlont .nd ,,,. minimum le...bIe Ind 101) r'Qulram.nll lOb raquillmln" M.y mlntmum requirlmtr\1I1of I.vel, ,xcf.d 'apeCllllon, lhl job Ind rtqUi,,, Irom tlm. 10 11m. ImprOYtmtne . h -, Xl .., .., 'lfIl'O"ltANCI , 2 3 4 I "AliNa HUMI," ...-... .. . 'ACTOR RATINas - Sumn,.r , he rellonl lor each 'Ictor rallng by Cd .rlng performance to ellabllahed Itandards. Whar accomplllhmentl or ablllllel were Ihu'Wn by the employee during the review period? What areal need Improvement? 1. QUALITY OF WORK - Thorough end complete in dealing with a myriad of products, . 2. QUANTITY OF WORK - A1waYI findl a way to get it all done :to RELlABILITY- Alka the right questions and snsures rasponsive action and follow-up to ensure timely execution on part of Corporate HQ and supplies. Exce llent effectivene.. . 4. DEPENDABILlTY- Always on the job and on time, 1 can depend on her to be here. Kember of safety committee with lots of ideas, IS, EFFECTIVENEBS IN DEALING WITH PEOPLE - Has improved since lest evaluation. Givea thought to their concerns when tasking them. e. OVERALL KNOWLEDGE OF JOB - Extremely knowledgeable in her area. Learning more of overall department functions. Would like her to know details of other functions to aid in interp~rsonal circumstances. GENERAL COMMENTS CONCERNING THE EMPLOYEE'S PERFORMANCE OF HIS/HER DUTIES _ An excellent employee who gives her best every day. A valuable company aaaociate. .. M TED BY DATE APPROVED BY DATE EDBY DATI! ~- ? 3...\1fl. g. "^ L f/?/p L. I u ~l (\ :J- L,I. What planS'llnd agreements were reached with the empl~yae lor perlormence In thtHOture? , EMPLOYEE REVIEW OF THE PERFORMANCE APPRAISAL: I have reviewed this appraisal and dlscuesed the contenll with my aupervlaor. My signature means thetl have been advised 01 my perlormance and doea not necessarily Imply that I agree with the appraisal or the contentl. I have noted any comments regarding the appraisal below. MM0040 6J .;ft. /J-~ ~ 7-~ 0...,7- 3 Ci - Cf 0< ."'ploy.... Slgnalu,. .J.--. A ~ -L'A/ V"7..J'( _<"./ MIDCll CllNTAINMINT UAVlCIS, Ina" AllIllnw luaalDlAAllI . ~ prlvete dete NON-EXEMPT EMPLOYEE PERFORMANCE APPRAISAL 6/30/93 Oa.. """H 2 ......O"".~ "lUne H.......' 11,1. NAME: Winnie Ruth POSITION TITLE: Inventory Control Specie list REVIEW PERIOD FROM: 7 /92 DESCRIBE BRIEFLY THE SPECIFIC WORK THIS EMPLOYEE PERFORMS: procures meteriel, expedites meteriel, DEPARTMENT:Invento rv DEPT. NO: 11H303 TO: 7/93 Determines materiel reouireman PACTOII DClmONA&. VIRY 0000 GooO A1!GUIRES UNACClI'TMU IMPAOVIMENT QUALITY ..11"1"" ICcurley. WorlII, IUPIno,. QUlllty s.u.r~ and may Oono<ally _ not Quallt)' 100 poor 10 rlta'n Accuracy U'\oroughnell and ot wort!. con".'entl)' high occulon.lly..eNd m... _ In JOb wUhoUllmrntdllta lconomy of ""I,n,I, nellnMl. Ind "~u.nlly ...e..d. requlra",.,,'.. Requltet~lC. Impro",,,,,"1. lcono",)' of Ume (h"'''', .ta~'d.. own and Olherl. NIII,.... Thoroughnell h Xl 11 h ..., INKtlvene.. ClUANYlTY Illrlmely hlG" IpHd Oulput vary hig" and SllII"'. Ind may OOflOf&llym_ Output too inadtquII. to PrOducll.... output and ~ume af outpul. "Iqulntl)' ..CHdljob Gee.,lonlll)' ..CMd -- rltajn In )ob wUhOul Speed Ind conll.llney requirementt requirement. Rltqulrlllmpl11ltm.nt Immedl.I.lmprovem,nt. 0' outPUI . -, Xl ..., -, -, RIUA.IUTY e;.tr.rnety rell.bl, In 'reqUtnlly..ctedt e.n be rthld on 10 1'1PicaItv'*- Too unrell.bl. 10 r.taln 'oUow.ln.I,UCllont all rttptell. norm.llob requlrtmtnl.. mHI .nd mey '.ceed Requna~lt. In jail .......,Im.....I... JUdg,m'"1 requl,.mlllll Improvement. Gec'llonllt)' ...., Xl -, ..., ..., DI~INDA.ILITY ExI'lmely d.pend.bI, In Fr.quently I..eetcll Rlgul.,ly m"lt Ind mly Generllly doll not Too undlptnd.ble to PunClullIty .nd III rtepet."tI, notmll tob requlrem.nlt DeClalon.lt)' ,.cNd "'"'~.., ratall'll" JOb wllhoul 'lI,ndln~ Itlndardl. Requnt Irnpto.telMfIl. Immedllt. ImprOY'tmlnL S"lty "'ablll -1 !xl -, h -, I"ICTIVINI.. IN Oblalnl hlg",..1 r.specl Ability lup'rlor 10 M'lnl'.n. '"ICllv. M__ln~ "'1'"01'11100 In.ffectlve DULINO WITH .nd coope,lllon from normlllob r.qulr.mlnlt WOriti"; '1lltlonll'llDI ....Uanolllpo. 10111111'1 In job wlIhoul ~IO~LI olMrI. Gotl OUI 0' wly 10 .nd II coopertllv.. AfIQUlrtllrnptOo'lMltnl. Imm.dlal. ,mprov.m,nt bl.nlto which COOQI,1l1 employ" cooper.... wUh. Ind IntluencII -, MMOO37 "ODle h.'"" canllell !xl ..., n KNOWLlOOIO' E"CIU,nl inowlldg. 01 "',Io,ml 'II 0' Ihl dul... ~norm. III Ollh. dull.. Perform. dullft or L,ImnIMS 10 I'mpllll THIJO. .11 dull.. or'"lgnm.nt'; '"Igned. hll . very or ""gnml"ll; hit '''Ignmenll gtn.ratly dull": hat no inowlldge TIChnlc:.1 inowltdg' 01 hit ..Cepllon.Uy gOOd gOOd wo,king inowlldg. good knowlldg. 0' below Ilandlrd: hu IOmt 01 relllled *orll. jab .rod rel.l.d worlt. wortllng Itnowlldg. of 01 tll.lld worlt rellledwon. k__oIlOlollld_. ve,,,IIII'y rel,l.d won. Aequlr.. ImptOlllmenl. --, txl 11 h h OVIRALL IVALUATION "'norm.ne. conlltlenlly "rlo'm'n~. contlllently Pt,torm.nce conllel.nlly Pwtormanc. u,u,"y dot. P.rlo,m.nc. I. bllow 0' ~IR'OR"ANCI fir ..Ceedl ..pecIlUon. I"CHdll..pecllhon. meell ,.p.Cllllo". Ind not mHl '.peet.tlon. Ind Ih. minimum Icalpllbl. .nd lob tlQUltlmenlt lOb tlqulrtm,nl. M.V minimum requlrem.nts !of level. ..c..d I..peclllionl Ih, JOb Ind "qUire, Irom lime 10 l.me, improwmenl "1 IY1 h n 'I ~II"'O"IIANCI , 2 1 . . "ATINO NUMUIA C01348 (2/84) PY'"led in V,S A 1...-. ;-"'- r. 'ACTOR RATINGS - Summ.rlze Ih~ ,eason. for e.ch r.ctor r.llng by comp.r",g performence 10 e.l.bU.hed .t.ndlrds. Wh., .ccompUlhmenls or .bUllles were shown by the employee during the revlllw period? Whetereas need Improvement? 1. QUALITY OF WORK - Easily m.intains control of prescriptiona requiring medic.tions. Hae excellent r.pport with Corporate and vendor personnel in both procurement and expediting .ctivitias, En.uree only that material absolutely nece.sary to continue uninterrupted produ~ 2, QUANTITY OF WORK - Rememben all the I detaile required to en.ure fasteet fulfillment of material requirementl. Finishe. today. work today, en.uring minimum turnaround for orders. Con.tantly in motion, 3. RELIABILITY - Judgement has led to selection as acting Inventory Manager in hi. ab.ence. Think. situations through before acting to ensure accuracy. Coordinates action. with those who need to know. 4. DIlPl!NDABILlTY - Mined one day of work thi. year. Alway. punctual. Vocal and concerned member of safety committee, 5, E'FECTIYENES! IN DEA~NG WITttPEOPLE - Openly and hone.tly communicates with fellow department emp oyees, ut can e brusque in interpersonal manneri.m., A positive influence in the department, ., OVERALL KNOWLEDGE OF JOB - Familiar with entire scope of material movement in pharmacy. Detailed and exact knowledge of department operations, GENERAL COMMENT8 CONCERNING THE EMPLOYEE'S PERFORMANCE OF HI8/HER DUTIES _ An extremely dedicated and valuable employee who is at work with no nonsense approach anytime she i. in the building. A superb contributor to the company team. _~ET~DBY DATE APPROVED BY DATE . ,anVWD BY ,blq\ 'Z~- ~ ;;ft.(. f'l , "'Jf0 I" I 7 /11. f, Wh., pla~ Ind agreoments were reached wllh lhll employee for performance In the future? EMPLOYEE REVIEW OF THE PERFORMANCE APPRAISAL: I have reviewed !hls apprellal and discussed the contenls with my aupervlsor. My Ilgnature means that I have been advised of my performance Ind does not necessarily Imply lhatl agree with lhe appraisal or the contentl. I have noted any comments regarding the appraisal below. MM0042 Employ..'. OlgNlIU'. G.) A /';,_~./ ./J./ 9=- Lf. ~~ ,L~ 01": g..S- 'l/ '""', I, Joseph Favinger, do hereby swear and IIffinn the following: I. I W11 currently entl)loyed by Mcrck Medco Rx Scrvlces ("Merck") and havc been employed there since 1989. 2. In 1991, and continuing to today, I have becn a shop steward for Oil, Chemical and Atomic Workers International Union, Local 8-989 (the "Union"). 3. Winifred Ruth was a mcmber of the Union from approximately, 1989 to t991. 4. In 1991, in my position as shop steward, I was advised that the management of Merck wanted the position of Data Entry to become a non-union position. S. At the time, the position of Data Entry was union. 6. I discussed this with Mike Dusch.::sne and John Paine, two management employees of Merck, and voiced my opposition to this change in status. 7. I was told by Mike Duschesne that this change in job status was not open for discussion. 8, My understanding of why the position was changed from union to non-union status was to accommodate Darcy Messimer. John Paine wished for Darcy Messimer to work as a Data Entry individual in his Inventory Control Department. Messimer initially balked at this position because the union status capped the position's salary. In order to alleviate Messimer's concem, the position was made non-union. This change in status then also applied to Winifred Ruth. 9. In my posilionus shop stewurd I discussed with }ohnl'ulne, on numerous occasions, employees' concerns und compluints regurding Durcy Messimer, including concerns over Messimcr's belligerent ullitude und emuic behavior. 10. On numerous oeeusions I witnessed Ms. Messimer becoming out of control, partieulurly when John Paine would addrcss with Ms. Messimer her lI11itude or rclulionshlp with other employees. Ms. Messimer would yell Wid screum, storm out of the oflke, slam doors and throw paperwork across the ol1ice. II. On certain occasions I witnessed Ms. Messimer confront other employees by yelling at them while standing, literally, face-to-face with the other individual. Management employees, including John Paine and Sheldon Eisen, were present or made aware of these incidents. 12. During the week of April 14, 1997, 1 became aware that Messimer was angry with Ruth. 13. On the morning of Friday, April 18, 1997,1 was in the area of the Merck facilities drug wurehouse. From this urea, it is possible to see into the ol1ice shared by, among others, myself, Sheldon Eisen, Messimer and Ruth. At this time, t saw and heard, Messimer screaming at Ruth, who was seated in her cubicle in the rear of that office. 14. I walked into the office and was told, in a loud voice, by Messimer that she, Eisen and Ruth were having a meeting and I should "get the hell out of there." I was then told by Eisen to leave the office. IS. Later that day, 1 was approached by Eisen lInd Eisen apologized for making me leave the office earlier that day. Eisen then advised that I would have to be out of the office later that day, as he was going to attempt another meeting between himself, Ruth and Messimer. I AFFIDAVIT I, Brian Yarger, do hereby .wear and affirm to the following: 1. I was employed by Merck-Medco from August, 1996, to August 1998, in the position of Security Officer. 2. During my time dS a Security Officer, I became aware of an employee by the name of Darcy Messimer. 3. On several occasions, I witnessed Darcy Messimer engageQ in screaming arguments with other employees, 4. At such times, Ms, Messimer would get extremely upset and raise her voice towards other employees, 5. On several other occasions, I also witnessed Darcy Messimer become extremely upset and become in a state I would describe as looking like a nervous breakdown, 6, On one such occasion, I found Ms, Messimer between boxes, located in the non-drug warehouse, crying, At su~h time, Sheldon Eisen and Maura Snow came out and had to talk her into returning to work, 7, On another occasion, I witnessed Ms, Messimer leave the building and walk around the grounds of the building in what appeared to be an effort to calm down from a highly agitated state. 8. On April 18, 1997, I was working my regular shift at Merck-Medco. 9. Approximately mid-afternoon, I and Thomas DeChamplain, another Security Officer, were walking past the non-drug warehouse. Such warehouse is located adjacent to the security office. lQ, At that time, I hear.d a loud argument coming from the office next to the non-drug warehouse in which Ms, Ruth and Ms. Messimer worked. ll, Due to hearing the loud argument, both myself and Mr. DeChamplain entered into that area from the non-drug warehouse, 12. As a Security Officer, I believed it was my duty and part of my job performance to ensure that such arguments did not occur or escalate. 13, At this time, both myself and Mr. DeChamplain were advised by Sheldon Eisen that this matter did not concern us and we should leave the area, I voiced my concern to Mr, Eisen that arguments between employees of this nature did concern security and if he believed it did not, to take that matter up with my supervisor. 2 l4. Mr. DeChamplain left the area and continued conducting rounds. I remained in the non-drug warehouse, which provided a view into the office area where Messimer, Ruth and Eisen were, l5. rrom this vantage point, despite the doors being closed, I could still hear Ms, Messimer yelling at Ms, Ruth. This loud yelling continued for some four or five minutes. l6. I then saw Ms. Messimer run toward the cubicle of Ms, Ruth. Ms. Ruth at that point had been sitting on a chair inside her cubicle. 17, I viewed Ms, Messimer swinging her arms towards Ms. Ruth as she ran towards her. l8, rrom my vantage point, it appeared that all of Ms. Ruth's actions were conducted in self-defense of the attack of Ms, Messimer. 19. Upon seeing this physical attack, I entered into the office area, By the time I reached the cubicle, Ms. Messimer and Ms, Ruth had been separated by Sheldon Eisen, 20, Later that day, I spoke with Ms. Ruth. Ms. Ruth advised me that she had asked Sheldon Eisen to call security prior to her being attacked by Ms, Messimer, but Mr. Eisen refused that request, 3 -, ~. . '-, 21. Typically, an incident report would be,produced as a result of such an incident as I described. However, I did not see an incident report, nor am I aware of one ever being completed by any securjty personnel, 22. I advised my supervisor, Richard Bonneville, of what had occurred, Mr. Bonneville is the head of security of this Merck-Medco plant, Particularly, I advised Mr, Bonneville that all of Ms. Ruth' 5 actions were in the nature of sel f -defense. I further advised Mr, Bonneville that Sheldon Eisen had instructed security to leave the area prior to the physical attack on Ms. Ruth. It is my recollection that I advised Mr, Bonneville of what I had heard and seen, and my belief regarding the impropriety of Mr. Eisen's actions, on the date of this incident, April la, 1997, 23, It is my belief that Ms, Ruth's actions were reasonable and necessary to protect herself from the physical attack of Ms. Messimer, 24. I have reviewed a document which appears to be a summary of my discussions with Officer McLaughlin of the Upper Allen Township Police Department, 25, Officer McLaughlin's summary is incorrect in two respects, First, in that summary, it states that Messimer 4 walked over to Ruth's desk. That is incorrect. On the co~trarYI Ms. Messimer ran towards Ms. Ruth's desk with her arms flailing. Second, the summary indicates that I was unaware that Ms. Ruth was at her desk until after the incident. That is incorrect. On the contrary, when I first entered the office due to hearing Ms. Messimer yelling, at that time I saw Ms. Ruth sitting at her desk. Further, when I went back out to the non- drug warehouse, I could see Ms, Ruth at her deskl and I was aware that she was at her desk when Ms. Messimer began running towards her. I swear and affirm that the above is true and correct to the best of my recollection and understanding. .,~ !~ ~ Bptln '{ ger Sworn to and subscribed before me this ~ day of March, 1999. ,f'7"' 11. ~J I,.~!~~ 5 .'.., ..--. AFFIDAVIT I, Robert F. Probst, do hereby swear and affirm to the following: l. I was employed as a Security Guard by Merck-Medco from November 20, 1995, to January 6, 1999. 2, During my course of employment, I became familiar with another employee by the name of Darcy Mess~mer, I would describe Ms, Messimer as a loose cannon who had erratic mood owings, On various occasions, I witnessed Ms, Messimer yelling at other employees, 3. On one occasion, I found Ms, Messimer hiding between boxes in the non-drug warehouse, crying, Apparently Ms, Messimer was upset over an issue of payment by Merck-Medco for time off she had taken, Maura Snow and Sheldon Eisen had to come out to the non-drug warehouse to speak with Ms, Messimer and get her to come back to work, 4, I am aware that Sheldon Eisen was fired by Merck-Medco due to a shortage of drugs which he was responsible to maintain. I was advised by my supervisor, Dick Bonneville, that ME, Eisen was aware of this discrepancy and was given at least a month to rectify the situation prior to being terminated, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 0 And that is not shown on the photo? A No, it's not. 0 To the best of your ability, can :tou put a 4, generally, where you would be if that photo was larger? A (Wi.tness complies.) 0 I didn't mean to cut you of f. What: happened next? A All of a Budden, I realized that at some very they were yelling at each other or there was some verbal exchange, and I don't rememberl Darcy was I don't remember exactly what the exchange was. And then all of a Budden, r realized they were hitting each other. o How did you come to that realization? A I saw Darcy -- Darcy's body came or was pushed baok or backed UPI but I don't know what or how, and when it -- when that happened, I realized they were something was going on between them that was physical. o Did you see Winnie Ruth push Darcy? A No, o Did you see her hit Darcy? A From this vantage point, no. I--, -. I, " \ , , , 1 " , :. I I ,. I, ,I " ,,' I, " " "r , -, DISPATCH INCIDENT: 19970401076 UAL PAGE: 1 CALL TYPE: HARASSMENT LOCATION GRID CCL UCR IPG DISPO PRI --------------------------------------------.--------------------------------- 05073 RITTER RD 0000 269 0000 09 o Al.ARM CTAK DPAT VEH-REGISTRAT MAKE DATE RECV qISP ARRV CLR TOTT REP ------------------------------------------------------------------------------ N JMB2 19970421 1025 1025 1025 1100 0035 R UNIT BADG OFFICER 2301 2308 MCLAUGHLIN ------------------------------------------------------------------------------ NAMES: RUTH MESSIMER MICHAEL WINIFRED DARCEY S 19970422 1025 1025 1100 (C) (S) 000 766 6600 000 000 0000 COMMENTS: RUTH AND MESSIMER WERE EMPLOYED AT NATIONAL RX ON FRIDAY 4/21 WHEN THEY BECAME INVOLVED IN A CONFRON1ATION WHICH RESULTED IN THEIR DISMISSALS RUTH NOW WISHES TO PURSUE CHARGES AGAINST MESSIMER. RUTH DID POSSESS SIGNS OF ASSAULT, SEE UIR WINIFRED RUTH, 31 HONEYSUCKLE OR, MBG 766-6600 DARCEY MESSIMER, 18 MESSICK OR, MIDDLETOWN, PA W/F/30'S , , : Ii I,. l> ~ . d,' 'r--1 ~ I. ,I " , , I I I I ) ~ " I' , . " " " 'I" 1 ,. , . , I " , , " , I' 'J, . I .' ': I NOTlcr 0' OfTElIMlHATlDH I. lilt U'V IQ file 11'I App.a' from lhll Oe,ermln.lIon II: JUN 05, 1997 COMMONWEALTH OF PENNSYLVANIA OEPARTMENT OF LABOR AND INDUSTRY PENNSYLVANIA JOB CENTER RIGHT OF APPEAL II Ytu 41U1tll \IrIlh "UI "'t.rmIRllion. you rney .,... If 'lOll Wlltl tt III. ., appell, vou mull 1110 " .n If ~"Dn Iht ilt. shown "owe. See ..I.w 'ot 1PP.1t tnlUW;Uonl r HERCJ(-HEDCO RX IlERVICES OF 1'1. 5073 RITTER ROAD HECH~ICSBURG, PA, (EKPLOYER)WINIFRED F. RUTH (CLAIKANT) 31 HONEYSUCKLE DRIVE HECIIANICSDURG, PA, 17055 17055 L 'ItGINOS 0' 'ACT: The cl.,..nt ~.. eMPloYld by Mirek-Medea R. SerVIC.. 0' Pa frON t2-'2-'8 through 4-'1-11 .. an 'nv.ntor~ .~~,.1 tat. The .~lov.r Ita'.. thlt thl cl.I~.nt w.. d'IChargld bleau.. ahe got Into. phYltCI' fight with another IMPloV", The cla,.."t I,at.. that ahl WI' ,arMlnatld on 4-11-87 .'tar another IMploV" attackld her Ind lhe put out her hand. In .,"-dII'ln.. and touched thl '''Ploy... SIne. the cla,..nt WI' dtlchlrgld. thl .~'ov.r ha. the burd.n 0' ..tabltlhlng that the d',charge w.. tor ulll'ul al.conduct In connection with her work. aa'.d on .11 av.llable I"'or.atton. It I. concluded that the clatNant w.. dt.charged 'or r...on. whtch ara not conalarld wllltul .Iaconduct tn co"noctlon with her work beeau.. the enploy.r hat not provtdad any tlr.t hand Intor8atlon concarntng t~ tight. The clal..nt Itat.. aha only rat.ad her handl In ..I,-al'ln,.. Ther.tore. tn accord.~e with provl.lon. 0' the PA UC LAW. bene'tt. are approved under Sactlon 0402(1), DETERMINATION: Tha 'ollowlng dat.r.tnatlon w.. .ad. tn accordance with the 'allowing .actlon. 0' the Penneylvanla UneMPloYNen~ Co.c.n..tton Law. APPROVED 0021.' CW[ 87/04/26 87/06/17 PAY AMT WWI< 362- STATUS APPROVED APPROVEO CW[ PAY AMT 87/06/03 362' STA7US APPROVEO CWE PAY AMT 87/06/10 3112' STATUS APPROVED -The above a.ount patd doa. not Include dependant. allowanc.. JC REPRESENTATIVE: S IKlTTS ISH,' CLAIIIANT IDlPLDYIR APPIALIMTRUCTIDHS - Under IlCt.Oft 1011t' of Ih, LI*. Ihll Del'fmln.llon b'IOM" fln.1 unll" you fill M .".11 wl~.y. Irom 1M HI' 11'111 DtI.fMI".I.Oft wn ""II.d Of d,Un,,' 10 you. If yov "111M IhI. Ih" o.Itfmln,Uon I. IMon.". you h.v. lhe f1,... 10 fII. In ...1 on Of b.to,. 11'1. '"dlln.. Which 111M 1," d., 10 ."..1 ."own .0'1' on Ihl. Dlllfml".IIOII. 'You ....y tllo your .....1 In ,."on II Iny '.M.ylv"'l. Job Cenl., 0' by mall. . II yow ~.. It 'lid .n "flon. II mull b. hand....liv.,.6 NI"g bUll"'" hOUfI On Of b,'an 11'1. I... ".y 10 ...,..1 'JhOWfl Ibovo on I"it DeI."lIln,lIon, . It your .....1 II 'II... by m'lI. " mulll InchHte your n.m.. 10cI" IICUfily numb." . IPlCIlIC It.lemenl Ih.1 you WMI la 11I0 .... ....., hom 11\11 DtI"",.ft'lIon. tnd I'" ',"onl to, you, tpptI.,. The 'HO.I MUll b. "dr...U 10 yOUl' 'IMtyl...lnl. Job en". I!JI "1..".",6 on Of b.,or. Ih. I... ',y I. .pp,.1 thawn .bo.... an 1"11 o.II"min.llon, CLAIMANT'S SSN APPLICATION DATE TYP[ DATE JC CLAIM MAILED NUMBER 181-32-2613 97-()4-20 UC 97-05-21 0302 CARLISLE JOB CENTER 1 ALEXANDRA COURT CARLISLE PA 17013-7667 IPOS) UC-44(0) REV 8-8t D3282_...___ _n_ .h " " 'I " , " , I ,I " ,,,": " '.' ('" (;~ " .S ~ f:; '") .- II:j~1; -',:"::1 ,..-',:.. 'l. ~ \:2 J .~:_.;, ":0 10.. ":Y >(oJ " 1"_" ,-., ~ " , f;-: I,' u,:;,; l:+~", C) "," WINIFRED RUTH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5479 CIVIL V. MERCK-MEDCO Dl!fendant . : CIVIL ACTION BEFORE HOFFER. P.J.. HESS. AND GU~ OPINION HOFFER. P.J,; At Issue In this civil case Is a motion for summary Judgment made by the defendant, Merck-Medco. Defendant Merck-Medco Rx Services of Pennsylvania, LLC, Is a Pennsylvania Corporation. (Complaint para. 2). Plaintiff Winifred Ruth began her employment with defendant In 1988. (Complaint para. 3). Plaintiff became a union member of both the local chapter and the AFL-CIO chapter of the 011, Chemical and Atomic Workers International Union. (Complaint para. 4). The union Is the collective bargaining unit for unionized employees of defendant. Union members are provided protection from termination without Just cause, the right to union representation at the time of termination, and an appeal process to overturn an unfair termination. (Complaint paras. 26-28). In 1990, Plaintiffs supervisor, John Paine, requested plaintiff to relinquish her union status (Ruth affidavit, para. 4, Favinger affidavit). Plaintiff contends that the reason given for the request was to allow defendant to add another non- union employee to her division. (Ruth affidavit, paraA, Favinger affidavit). Plaintiff alleges that she was not provided any consideration to relinquish her union status. (Ruth affidavit, para. 6). Plaintiff alleges that she continued to be provided the exact same benefits, Including salary, sick leave, and vacation days, as union employees were provided under their collective bargaining agreement. (Ex. 6, Ruth supplemental affidavit). Plaintiff worked with another employee, Darcy Messimer, In the same division. (Ruth affidavit, para. 7). According to plaintiff, the defendant was aware that Messimer had a tendency to be confrontational with other employees, exhibiting behavior such as screaming at coworkers, throwing Items, and acting irrationally. (Complaint para. 10). On April 18, 1997, plaintiff was approached by her Immediate supervisor, Sheldon Elsen, and was Instructed to attend a meeting with Messimer. (Complaint para.9). Plalnllff alleges that Messimer became abusive towards Ruth in the meeting. (Complaint para. 11). Plaintiff returned to her cubicle and sat down at her desk. (Complaint para. 12). Plaintiff alleges that Messimer then came towards plaintiff and blocked the entrance to her cubicle, telling plaintiff that she would not move. (Complaint para. 13). Plaintiff alleges that as Messimer continued to verbally assault plaintiff, she moved toward plaintiff. (Complaint para. 14). Plaintiff alleges that she extended her right arm in self-defense when Messimer violently grabbed plaintiffs right arm, causing Injury to plaintiff. 2 (Complaint para. 15). Plaintiff further alleges that Elsen, her supervisor, was In the room during the altercation and that she had asked him to call security, but he did not. (Complaint para. 16). Later that day, plaintiff was called to the office of Maura Snow, Human Resources Manager, and was fired. (Complaint, para, 17). Plaintiff was advised that she was being fired due to a physical altercation with a co-worker, and such altercation constituted "gross misconduct." (Complaint para. 20). Subsequently, Messimer was charged by the Upper Allen Police Department with, and pled guilty to, harassment. (Complaint, para. 23). Plaintiff now brings two counts against defendant; a count of wrongful discharge, and a count of negligence for failure to provide and maintain a safe work environment. Dlscusslo..!! Pennsylvania Rule of Civil Procedure 1035.2 provides as follows: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment In whole or In part as a matter of law (1) whenever there is no genuine Issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) If, after the completion of discovery relevant to the motion, Including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. 3 "[T]he mission of the summary judgment procedure Is to pierce the pleadings and to assess the proof In order to see whether there Is a genuine need for a triaL" Ertel v. Patriot-News Co., 544 Pa, 93,100,674 A.2d 1038, 1042 (1996). Addlllonally, the record must be examined In the light most favorable to the non-moving party, and all doubts as to the existence of a genuine Issue of material fact must be resolved against the moving party. Ertel v, Patriot News, 544 Pa. 93, 93-94, 674 A.2d 1038, 1041 (1996). The Pennsylvania Supreme Court has held that a non-moving party must adduce sufficient evidence on an Issue essenllal to his case and on which he bears the burden of proof such that a jury could return a verdict in his favor. Ertel v. Patriot-News Company, 544 Pa. 93, 93-94, 674 A.2d 1038, 1042 (1996). Failure to adduce this evidence establishes that there Is no genuine Issue of material fact and the moving party Is entitled to judgment as a matter of law. Plaintiff's first claim is that defendant wrongfully discharged her. Plaintiff alleges that she had been a union member until 1990, at which time her manager, Favinger, was directed by his superlor(s) to change plainllff's union status to make room for another employee. Plaintiff acquiesced to this request, allegedly not real;zlng that she was relinquishing her union status, which afforded her a certain level of job protection. The essence of plaintiff's wrongful discharge claim Is that she Incurred the detriment of the loss of protection afforded to union employees, making room for defendant to hire another employee, and thereby 4 provided a substantial benefit to defendant. Plaintiff alleges that as a result of this an'angement, she was not an at-will employee. Plaintiff claims loss of Income and loss In value of benefits. Defendant counters that plaintiff was an at-will employee when she was fired. Defendant claims that there Is no genuine Issue of material fact as to whether plaintiff was an at-will employee. However, plaintiff has averred that she did not consider herself an at-will employee at the time she was fired. (Ruth depo., 204-205). Pennsylvania law presumes that all employment Is at-will, and therefore, an employee may be discharged for any reason or no reason. Luteran v. Loral Fairchild Corp., 455 Pa.Super. 364, 370, 688 A.2d 211, 214. Except In rare Instances. discharge will not be reviewed In a Judicial forum. Id. The burden of overcoming the presumpllon and proving that one Is not employed at-will rests squarely with the employee. Id. In order to rebut the presumption of at-will employment, a party must establish one of the following: (1) an agreement for a definite duration; (2) an agreement specifying that the employee will be discharged for Just ceuse only; (3) sufficient additional consideration; or (4) an applicable recognized public polley exception. Id. An employee may overcome the presumption of at-will employment by affording his employer a "substantial benefit" other than the services which the employee Is hired to perform, or by undergoing a substantial hardship other than the services which he is hired to perform. Lutersn, 455 Pa.Super. at 374, 688 5 A.2d at 216. Evidence that the employee "gave up" something tends to show that additional consideration was given. Id. at 217. When additional consideration Is present, courts Infer that the parties Intended that the contract not be terminable at will. Darlington v. General Electric, 350 Pa.Super. 183, 199, 504 A.2d 306, 314 (1986). Or, If the parties did not actually so Intend, then fairness requires that the employer, who has been given the additional consideration, cannot terminate the employment without just cause. Id, at 314- 315. Plaintiff contends that she has provided a substantial benefl~ to her employer that constitutes sufficient additional consideration to overcome the at- will presumption. Specifically, plaintiff avers that in acquiescing to her employer's revocation of her union status, thereby allegedly allowing the employer to hire an additional employee, she gave up a benefit and subsequently underwent hardship. The question before us Is whether the plaintiff has provided "evidence of facts essential to the cause of action or defense which In a jury trial would require the Issues to be submitted to a jury." In other words, has plaintiff provided any evidence of whether permitting her employer to revoke her union status Is a substantial benefit that may overcome the presumption of at-will employment? Upon examination of the record, we find that plaintiff has provlcled such evidence. Plaintiff has testified that she was a member of the Union. (Ruth affidavit, para. 3). Plaintiff has also testified that union members are provided 6 protection from termination without just cause, the right to union representation at the time of termination, and an appeal process to overturn an unfair termination. (Plaintiffs Exhibit 2, portions of Collective Bargaining Agreements). Plaintiff has also offered evidence that defendant requested that she relinquish her union status so that defendant could hire an additional employee. (Ruth affidavit, para. 4). Based upon the record, we find that the evidence presented by plaintiff requires the Issue of whether plaintiff gave additional consideration to her employer to be submitted to a jury. Keeping In mind that "it Is a question of fact whether, In a given case, an employee has given additional consideration sufficient to rebut the at-will presumption," Scullion v. EMECO Industries, Inc., 398 Pa. Super. 294, 298, 580 A.2d 1356, 1358 (1990), app. denied, 527 Pa. 625, 592 A.2d 45 (1991), this court Is not In a position to grant summary judgment on the factual Issue of whether plaintiff gave her employer a substantial benefit sufficient to overcome the at-will presumpllon. As the court In Scullion aptly stated, "the quesllon of the Intent of contracting parties Is generally a jury question." Id. Plaintiffs second claim is that defendant was negligent in failing to provide and maintain a safe work environment. Plaintiff charges that defendant knew, or reasonably should have known, of Messimer's propensity to act violently, and should have taken steps to protect employees from Messimer. Plaintiff alleges that due to defendant's failure to take such steps, plaintiff suffered physical 7 Injuries at the hands of Messimer, as well as damages Incurred as a result of plaintiff's discharge. Where a plaintiff can prove that the employer knew, or In the exercise of ordinary cere, should have known of the necessity for exercising control of the employee, an employer may be held liable. See Hutchison v. Luddy, 1999 WL 1062862, at *5 (Pa. Nov. 24, 1999). To prevail on her negligence claim, plaintiff must establish that: (1) Messimer had a propensity for violent behavior; (2) defendant knew or should have known of Messimer's propensity to behave violently; and (3) defendant did nothing to prevent plaintiff from suffering harm as a result of this propensity. Costa v. Roxborough Memorial Hospital, 708 A.2d 490, 496 (Pa. Super. Ct. 1998); Heller v. Patwll Homes, Inc., 713 A.2d 105, 107-08 (Pa. Super. Ct. 1998); Dempsey v. Walso Bureau, Inc., 431 Pa. 562, 246 A.2d 418 (1968). However, we find that plaintiff can establish none of these elements. In the case of Dempsey v. Walso Bureau, Inc., 431 Pa. 562, 246 A.2d 418 (1968), the plaintiff claimed that he was severely Injured by one of the employer's security guards and that the company should have known of the security guard's propensity for violence because the employee had been seen pushing drunken persons out of a bus terminal, banging his night stick on walls and doors of the terminal, grabbing and pushing terminal employees In "horseplay," jabbing a porter in the back with his night stick, striking the feet of persons sleeping In the terminal, and pushing persons out of the terminal by 8 pushing them In the back with his slick. Dempsey, 246 A.2d at 422-23. Despite this evidence, the Pennsylvania Supreme Court affirmed the dismissal of the plaintiffs complaint and entered judgment In favor of his employer. The court hold that "while [the employee's] conduct was Inexcusable and his tactics toward ... his fellow employees left much to be desired, such conduct did not show a propensity ... which was vicious or dangerous and which Indicated that he Intended to inflict Injury upon others." Id., at 423. Plaintiff has not produced any evidence that Messimer had a propensity for violent behavior. Although plaintiff claims that Messimer exhibited "erratic and confrontational" behavior, plaintiff has adduced no evidence of physical violence against others by Messimer prior to the April 18, 1997, Incident. Plaintiff alleges that Messimer "was known to engage co-workers by getting directly face-to-face with them while yelling," and that defendant knew of this tendency. Plaintiff also claims that defendant fall6d to protect her when Eisen ordered the security offlcars to leave the area. However, the behavior exhibited by Messimer does not rise to the level of conduct that would put defendant on notice that Messimer had the propensity to cause physical harm to other employees. Only I" cases where the employer knew, or should have known, that the employee had a propensity for the behavior In question may the employer be held liable. Hutchison v. Luddy, 1999 WL 1062862, at *5 (Pa. Nov. 24, 1999). Additionally, the fact that defendant immediately terminated both Messimer and plaintiff for engaging In a physical altercation at work tends to prove that 9 . . , , " ;"1' " ~ , . I. "I H .' ~~ Cl I.) ., ,-7": ,. " '. ;;,;1:1 ., ;r':1;: .." , ., (J'JI" I::J P- " ~b 2:: '" .d.; (..~ ";"J 'o1"J(:/ t? , I '\I'I'l ;>>. I C; 'I ~ e.,,) ~. '.1/ 0/0- -<; ;,1 ,"" U,l''''" " , ., i' '. - ---~~-..-."..,;.~ . . I