Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf

time card to read that he had only worked 8 hours. Martinez also threatened to change Alonso

from a 4 -day, 10 -hour work week, to a 5 -day, 8 -hour work week.

Eventually, Martinez reassigned Alonso from AQCB back to the central office.

According to Alonso, Martinez also forced him to trade his " nice" work van for " an old junky

van" and required Alonso to return his cellular telephone and computer. Suppl. CP at 234, 235.

Alonso stated that Martinez did not select him for " lucrative ` per diem' jobs" 7 and barred him

from earning overtime. Suppl. CP at 235. As Buechel characterized it, " After Ben started

looking at Joseph [ Alonso,] negative things began to happen to Joseph." CP at 145. For

example, one day, when Alonso was away from his desk, either Tuttle or Zuniga spread hand

sanitizing liquid over Alonso' s desk telephone, to the point that it was dripping.
At other times,

Zuniga glued a computer mouse to the mouse pad at Alonso' s work station; and someone applied

a greasy substance to Alonso' s mouse. Alonso also once found a wet puddle in his work chair.

6 Other employees, including Martinez, Laurie Gonce, Jonathan King, Tuttle, Zuniga, Matthew
Dillon, and Shawn Breer, all continued to use their Qwest- issued cellular telephones.

7 Alonso characterized " per diem jobs" as out -of t-own projects that have potential to yield higher
earnings. According to Alonso, Thomas, Tuttle, and others " worked several weeks and even
several months per year" in those jobs. Suppl. CP at 238. Martinez denied Alonso' s claim,
saying that he had never denied Alonso a per diem job.

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No. 43703 -1 - II

II. PROCEDURE

Alonso filed a complaint against Qwest under the Washington Law Against