Wash. Court of Appeals published opinion — D2 52293-4-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 52293-4-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2052293-4-II%20Published%20Opinion.pdf ↗

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Mackey alleged that on September 26, 2014, Krall, an assistant manager, verbally berated

and attacked her. Krall asked Mackey to explain a situation, but instead of listening she talked

over Mackey. Krall told Mackey she was “deflective, and confrontational and that’s why

management did not like [her].” Clerk’s Papers (CP) at 91. Mackey began to cry. She told

Krall that she felt she was “being attacked,” that because of her depression and PTSD she could

not think when she was attacked, and that Krall made her “skittish.” CP at 91, 102. Krall told

Mackey “we all have problems.” CP at 102.

On the morning of September 27, Mackey reported the incident with Krall to Robert

Tilton, the store manager. There is no evidence that she said that Krall had confronted her

because of her disabilities.

Asset Protection Investigation

On October 2, Sonny Lupica, the store’s operations manager, observed Mackey return to

the managers’ office with cash wrapped in a piece of paper. Mackey explained to Lupica that the

cash was a refund and that the refund had to be given to the customer this way to ensure the

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 52293-4-II

desired delivery date. Lupica later reviewed the transaction Mackey had referenced and

discovered that the order violated discount policies.

Lupica investigated further. His review of Mackey’s use of the volume bid system

showed that Mackey had submitted an extraordinarily high number of volume bids compared

with other appliances sales associates. Lupica then reviewed Mackey’s accepted bid orders and

found she had given $22,000 in additional discounts on these orders despite the fact they had