1
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE NORTHERN DISTRICT OF OHIO
3
EASTERN DIVISION
4
5
- - GAYLE WORMALD,
6
7
Plaintiff,
vs.
OVERHEAD DOOR CORP.,
9
Defendant.
11
)
) CASE NO.
8
10
)
5:21-cv-00585
) JUDGE JOHN R. ADAMS
)
- - -
Deposition of JAMES LEROY DOLAN III, a Witness
12
herein, called by the Plaintiff for Examination
13
pursuant to the Federal Rules of Civil Procedure,
14
taken before me, the undersigned, Carina C.
15
Meszaros, a Registered Merit Reporter and Notary
16
Public in and for the State of Ohio, at the offices
17
of Court Reporters, Inc., 221 Springside Drive,
18
Akron, Ohio, on Friday, the 17th day of December,
19
2021, commencing at 10:33 a.m.
20
- - -
21
22
23
24
25
2
1
APPEARANCES:
2
3
On Behalf of the Plaintiff:
4
5
LAW OFFICES OF F. BENJAMIN RIEK III
BY:
F. Benjamin Riek III, Attorney at Law
6
Suite 808
7
21 Furnace Street
8
Akron, Ohio
9
(330) 410-2518
10
44308-1964
fbenjaminr@msn.com
11
12
13
14
On Behalf of the Defendant:
JACKSON LEWIS P.C.
BY: Rob Shank, Attorney at Law
15
Suite 2600
16
201 East 5th Street
17
Cincinnati, Ohio
45202
18
(513) 706-6573
19
robert.shank@jacksonlewis.com
20
21
ALSO PRESENT:
22
Ms. Gayle Wormald
23
Ms. Anne Wallick
24
- - -
25
3
1
I N D E X
2
3
EXAMINATION (BY MR. RIEK) ...................... 4
4
EXAMINATION (BY MR. SHANK) ..................... 98
5
RE-EXAMINATION (BY MR. RIEK) ................... 153
6
7
DEFENTANT'S
8
Exhibit 14 .................................... 106
9
10
11
12
- - -
13
14
15
16
17
18
19
20
21
22
23
24
25
4
1
JAMES LEROY DOLAN III,
2
of lawful age, a Witness herein, having been
3
first duly sworn, as hereinafter certified, deposed
4
and said as follows:
5
6
EXAMINATION
BY MR. RIEK:
7
Q.
Good morning, Mr. Dolan.
8
A.
Good morning.
9
Q.
My name is Ben Riek and I'm an attorney
10
here in Akron.
11
pending in the U.S. District Court for the Northern
12
District of Ohio here in Akron.
13
I represent Ms. Wormald in a matter
We are here today to take your deposition in
14
this matter at my request.
If you recall, I served
15
last Thursday a subpoena on you at your place of
16
employment.
17
Before I get into the substance of the
18
questioning, a few ground rules I go over with the
19
witness prior to testifying.
20
question yes or no, please state audibly "yes" or
21
"no" rather than shaking or nodding your head or
22
saying things like "mm-hmm" or "uh-uh."
23
important the court reporter to your right
24
accurately transcribes the answers to my questions.
25
If you're answering a
It's
Second, if you don't understand my question or
5
1
a part of my question, please let me know.
I'll try
2
to clarify the question, rephrase it or ask a
3
different question altogether, but I need to know up
4
front if you do not understand what I have asked of
5
you.
6
A.
I understand.
7
Q.
Third, this is probably the most
8
difficult rule.
If you can hold off answering a
9
question until I finish speaking, and I'll do my
10
best to hold off the next question until you finish
11
speaking.
12
only take down one person speaking at a time as
13
opposed to normal conversation.
14
This is because the court reporter can
Next, we've marked some exhibits.
I'm sure
15
we'll be referring to those exhibits during your
16
examination.
17
answering the question, please be sure to reference
18
the exhibit number.
19
document, there will be a tag that has a number on
20
it, if it has more than one page, the page you're
21
referencing it will make your testimony easier to
22
understand at a later date.
23
If you are referencing that exhibit in
On the first page of the
Next, if you believe that there is a document
24
that would help you answer a question, please let me
25
know.
We've exchanged a lot of paper in this case,
6
1
I'll be glad to find it and let you take a look at
2
it.
Are those all agreeable with you, sir?
3
A.
Yes.
4
Q.
Tell me your full name, please.
5
A.
James Leroy Dolan III.
6
Q.
What is your date of birth?
7
A.
December 11, 1976.
8
Q.
Your residential address?
9
A.
3286 Waterford Avenue Northwest.
10
Q.
Is that Canton or North Canton?
11
A.
Canton, Ohio.
12
Q.
Your ZIP there?
13
A.
44708.
14
Q.
Have you ever given your deposition
15
before?
16
A.
No.
17
Q.
Have you ever testified in court before?
18
A.
No.
19
Q.
Have you looked at any documents or
20
information to prepare for your testimony today?
21
A.
No.
22
Q.
Have you spoken to anyone about your
23
testimony?
24
A.
My spouse.
25
Q.
Your wife?
7
1
A.
My wife.
2
Q.
And I assume someone at your place of
3
4
5
employment.
A.
I told them I had an off-site
appointment.
6
Q.
I see.
7
What is your educational background?
8
A.
What are you looking for?
9
Q.
Did you graduate high school?
10
A.
I graduated high school.
I have an
11
undergraduate in business administration, I have a
12
master's degree in business administration.
13
14
15
Q.
Where did you get your bachelor's
degree?
A.
Kent State University.
16
Q.
Main campus?
17
A.
Yes.
18
Q.
What year was that?
19
A.
My bachelor's degree is from Malone
20
College, I finished at Malone College, and my
21
master's is from Malone University.
22
three classes at Malone.
I finished
23
Q.
When did you get your MBA?
24
A.
2010.
25
Q.
You bachelor's degree?
8
1
A.
My daughter was born 2005.
2
timeframe roughly.
3
exact date.
I'm sorry.
2005 to 2006
I don't recall the
4
Q.
That's fine.
5
Where are you currently employed?
6
A.
American Utility Processing.
7
Q.
What do you do there?
8
A.
I'm the vice president of operations.
9
Q.
What do you do in that role?
10
A.
I operate the business on the operations
11
side.
I'm responsible for sales, engineering, all
12
the plant operations, all personnel.
13
Q.
Who do you report to?
14
A.
I report to the owner.
15
Q.
Who is that, sir?
16
A.
His name is George Shaffer,
17
S-h-a-f-f-e-r.
18
Q.
19
He is in Louisiana.
Do you have any equity ownership of this
business?
20
A.
Not at this time.
21
Q.
Is that something that might be
22
available to you in the future?
23
A.
It might be.
24
Q.
When did you go to American Utility
25
Processing?
9
1
A.
I think it was April, May.
2
Q.
This year?
3
A.
Yes.
4
Q.
Have you had any other titles at
5
American Utility besides VP of operations?
6
A.
Yes, I started off as plant manager.
7
Q.
When were you promoted?
8
A.
About a month ago.
9
Q.
Where did you work prior to American
10
11
12
Utility Processing?
A.
Overhead Door Corporation, Wayne Dalton
division.
13
Q.
When were you hired at Overhead Door?
14
A.
I was there just over two years.
15
I was
termed in February.
16
Q.
This year?
17
A.
'20.
18
Q.
February '20?
19
A.
'21.
20
started.
21
Q.
Were you working at the -- which plant?
22
A.
I was responsible for the Dalton and
23
24
25
Sorry, it would have been 2019 I
Dundee facilities.
Q.
Travel?
Is Dundee sometimes referred to as
10
1
A.
Travel, yes.
2
Q.
When you were hired at Overhead, were
3
Dundee is the town.
you hired as a plant manager at Dalton?
4
A.
I was.
5
Q.
Did that change at all at any time?
6
A.
No.
7
Q.
So you had the position up to your
8
termination?
9
A.
Yes, sir.
10
Q.
Who terminated you?
11
A.
My direct report Brad Knable,
12
13
14
K-n-a-b-l-e, and Thomas Waite.
Q.
Mr. Waite is a regional HR
representative?
15
A.
He is regional HR, yeah.
16
Q.
Mr. Knable, what's his title?
17
A.
He was regional direct of operations.
18
Q.
Why were you terminated?
19
A.
Mutual separation.
20
Q.
Mutual separation?
21
A.
Yeah.
22
Q.
What was mutual about it?
23
A.
Mutual separation.
24
Q
I understand, but what does that mean?
25
A.
We both agreed.
They were there to
11
1
terminate me, and I had been looking for other
2
employment.
3
4
Q.
At the time you were terminated, had you
found other employment?
5
A.
No.
6
Q.
So you were off work for roughly two
7
months?
8
A.
Little over, yeah, closer to three.
9
Q.
Did Mr. Waite or Mr. Knable give you any
10
reason why they were going to terminate you?
11
A.
Not at that meeting.
12
Q.
Prior to that time?
13
A.
No.
14
Q.
So if I understand correctly, it just
15
came in out of the blue and said, "We're going to
16
terminate you"?
17
A.
We're getting into an area I'm not
18
familiar with.
I have a severance agreement that I
19
stated I would not disclose any of this.
20
sure if I'm violating that.
21
22
23
24
25
Q.
That doesn't matter.
I'm not
You're under oath
in a deposition, you have to answer the questions.
A.
Even though it was a severance agreement
with the company?
MR. SHANK:Well, I'll state for
12
1
the record I have not seen, nor am familiar with the
2
severance agreement.
3
confidentiality provision in there or not.
I don't know if there's a
4
THE WITNESS:There is.
5
MR. RIEKThat doesn't matter
6
when you are in a deposition.
7
you have to answer my questions.
8
9
MR. SHANK:I think he is
answering your questions, Ben.
10
MR. RIEKPardon?
11
MR. SHANK:I think he is
12
answering your question.
You're under oath,
13
MR. RIEKI understand that.
14
Yeah, I understand that, but has to continue to do
15
to so.
16
MR. SHANK:Understood, but the
17
question that I'm raising and I don't know the
18
answer to it is if there's a confidentiality
19
provision in his separation agreement, then there
20
may be some implications of that confidentiality
21
provision.
22
agreement, so I can't speak to what it says in
23
there.
24
25
Again, I haven't seen the separation
MR. RIEK:Let's go off the
record a moment.
13
1
MR. SHANK:Yeah, sure.
2
(Thereupon, a discussion was held off
3
the record.)
4
BY MR. RIEK:
5
Q.
Prior to Overhead, where did you work?
6
A.
Transco Railway Products.
7
Q.
Where is that located?
8
A.
Newton Falls, Ohio.
9
Q.
What did you do there?
10
A.
I was a plant manager starting and then
11
12
13
I was promoted to the division manager.
Q.
How long did you work for Transco
Railway Products?
14
A.
I was there a little over three years.
15
Q.
That's roughly 2015 to 2018?
16
A.
Yes.
17
Q.
How many people worked at Transco?
18
A.
I started with 111, and as we went
19
through and the company went up for sale we were
20
down to I think 20.
21
22
Q.
What happened during that time such a
significant decrease in employment?
23
A.
Just the market, it's a railroad.
24
Q.
Is Transco a railroad or they just sale
25
railroad products?
14
1
A.
It's a railroad market.
We operate in a
2
railroad market.
3
4
Q.
How long did it take to go from 110, 111
down to 20?
5
A.
The time I was there, three years.
6
Q.
Was the company sold?
7
A.
Yes.
8
Q.
Is it still in business?
9
A.
I believe so; I don't know.
10
I don't
work there anymore.
11
Q.
Prior to Transco, where did you work,
13
A.
Cambria.
14
Q.
I'm sorry?
15
A.
Cambria, C-a-m-b-r-i-a.
16
Q.
Is that a corporation, LLC?
17
A.
Yes, it's headquartered out of
12
18
sir?
Minnesota.
19
Q.
Where did you work for them?
20
A.
Kent, Ohio.
21
Q.
What type of facility do they have
23
A.
It's was quartz fabrication.
24
Q.
Quartz fabrication?
25
A.
(Witness nodding head up and down.)
22
there?
15
1
Q.
How long were you there to?
2
A.
Little over three years.
3
Q.
What was your position?
4
A.
Plant manager.
5
Q.
Did that stay throughout?
6
A.
I was the plant manager only.
7
Q.
How many employees were there?
8
A.
Approximately 60.
9
Q.
Did that vary?
10
A.
It did.
11
Q.
Ever get down below 50?
12
A.
Not that I recall.
13
Q.
Prior to Cambria?
14
A.
I was a machinist, miscellaneous jobs
15
16
17
through college.
Q.
Did you attend any trade school, any
education to be a machinist?
18
A.
Over in Butler, Pennsylvania.
19
Q.
What was that, sir?
20
A.
It was just out of high school, just
21
training.
22
23
Q.
There was a trade program at the high
school?
24
A.
It was an institute.
25
Q.
Do you recall the name of it?
16
1
A.
No, I do not.
2
Q.
How did you find out about the job at
3
Overhead Door?
4
A.
I was hunting and I made -- I found out
5
that Transco was going up for sale, I made my
6
LinkedIn profile public, and I was contacted two
7
days later by a recruiter at Overhead Door.
8
Q.
Do you recall who that recruiter was?
9
A.
Not off the top of my head.
10
Hold on.
I remember he was originally from Virginia and
11
he moved to Texas.
12
sorry.
I don't recall his name.
13
Q.
Who interviewed you at Overhead?
14
A.
Multiple interviews.
15
I'm
The recruiter, Tom
Waite, Brad Knable and Scott -- I'm sorry.
I was in
16
a motorcycle accident, so my memory -- I have blocks
17
here and there.
18
19
Scott is still with the company.
Brad's boss.
20
21
Q.
He was
I don't remember his last name.
When did you have your motorcycle
accident?
22
A.
2001.
23
Q.
Were you diagnosed with having a
24
I had severe head trauma.
traumatic brain injury?
25
A.
It wasn't diagnosed, it was -- I was
17
1
released from the intensive care, so it's
2
documented.
I still have a lot of pain.
3
Q.
I'm sorry?
4
A.
I still have a lot of pain.
5
affected my memory over the years.
6
fine.
7
8
9
10
Q.
But it's
Short term is
When you say "short term," is that,
what, within six months or three months?
A.
Yeah.
detailed notes.
I'm fine.
I have to take
11
Q.
Are you still in pain?
12
A.
Every day.
13
Q.
Do you take any medication for your
15
A.
Just ibuprofen.
16
Q.
No other medications?
17
A.
No.
18
Q.
How was the position described to you at
14
19
pain?
Dalton?
20
A.
21
manager.
22
Q.
What was that?
23
A.
I don't have the job description in
24
25
Per the job description of a plant
front of me.
Q.
You don't recall?
18
1
A.
Typical plant manager responsibilities,
2
operating the business, P&L responsibility,
3
basically day-to-day business operations.
4
Q.
How had that plant been performing prior
5
to your arrival?
6
A.
According to the feedback during the
7
interview, not well.
8
desperate revamping, very outdated models, high
9
turnover.
10
Q.
How many employees roughly were at
A.
It varied.
Trail?
13
14
Trail was identified as stable, in need
of some investment, but overall good core workforce.
11
12
It was in need of some
30.
I think when I left around
I want to say maybe 12 to 15 at the low end.
15
Q.
Dalton is your Florida plant?
16
A.
Dalton is my Florida plant.
17
Q.
How many workers there?
18
A.
Over a hundred -- just over a hundred.
19
Q.
What part of the business was Dalton
20
involved in?
21
A.
Roll-up doors, roll-up commercial doors.
22
Q.
As opposed to residential, the
23
commercial side?
24
A.
Yes.
25
Q.
Do you know who was the previous plant
19
1
manager?
2
A.
Don Diglaw.
3
Q.
Do you know what happened to him?
4
A.
He is still there, I believe.
5
moved him around.
6
Q.
7
what position?
8
A.
9
They
So they moved him from plant manager to
He sat at Trail and he just basically
ran deliveries.
I just had to keep him.
The
10
company wasn't able to terminate him, that was what
11
was supposed to happen, instead he was moved to
12
Trail.
13
Q.
Why couldn't he be terminated?
14
A.
I can't answer that.
15
Door question.
16
Q.
17
18
When did you actually assume the plant
manager responsibilities?
A.
Approximately 30 to 60 days after my
19
start date.
20
percent sure.
21
22
23
24
That's an Overhead
Q.
That's an approximation, not a hundred
What title did you hold at the start
before Diglaw left?
MR. SHANK:Objection, asked and
answered.
I may make some objections when he's
25
asking questions and he may do that when I'm asking
20
1
questions.
Unless somebody says otherwise, you can
2
answer the question, just an objection for the
3
record.
4
THE WITNESS:Understood.
5
MR. RIEKDepositions are taken
6
subject to objections as the rule states.
7
MR. SHANK:Go ahead.
If I
8
interrupt you like that and make an objection, you
9
can still answer the question.
10
11
THE WITNESS:Okay.
Thank you.
12
BY MR. RIEK:
13
Q.
14
Understood.
You were what -- what were you titled as
the manager?
15
A.
No, they created one for me.
16
Q.
What was that?
17
A.
Manufacturing engineering something.
18
"Something" isn't the actual title, it's another
19
word.
20
21
Q.
You held that for a short period of time
before Mr. Diglaw was moved to Trail?
22
A.
Yes.
23
Q.
Who reported to you when you were the
24
plant manager?
25
A.
Everyone except for customer service
21
1
and -- we had some visitors that were in the plant,
2
it was a pricing team, a national accounts division,
3
customer service, and we had a Ryder representative
4
that handled logistics, completely separate company
5
that was also in the facility, those did not report
6
to me.
7
Q.
Truck rental company?
8
A.
They did all of our trucking, but he sat
9
10
in -- he managed it at our location but he was not
an Overhead Door employee.
11
Q.
Okay.
12
A.
And human resources did not report to
13
me.
14
15
16
17
18
19
Q.
When you arrived at the plant, who was
the HR manager?
A.
The position was open and Tom Waite was
covering it.
Q.
Mr. Waite is based in Lewistown,
Pennsylvania?
20
A.
Yes.
21
Q.
How often would he be at the plant?
22
A.
It varied.
Sometimes we would see him
23
three times a month, other times we might not see
24
him -- we might see him one time a month.
25
Q.
Do you know the position was announced
22
1
as being open?
2
A.
Repeat that.
3
Q.
The HR manager, do you know who was
4
being recruited for at the time?
5
A.
I do not know.
6
Q.
Did you interview anyone for the HR
7
manager position?
8
9
10
A.
interview.
No, I did not.
I did sit in Gayle's
I didn't ask any questions but I was
sitting in.
11
Q.
Who conducted that interview?
12
A.
Tom Waite.
13
Q.
Was Gayle a current employee at the
15
A.
With Overhead Door?
16
Q.
Yes.
17
A.
Yes.
18
Q.
Where was she located?
19
A.
Mount Hope.
20
Q.
What was she doing at Mount Hope?
21
A.
Don't know, I wasn't there.
22
Q.
Did she ever explain her
14
23
time?
responsibilities during the meeting you sat in on?
24
A.
I don't recall the interview.
25
Q.
Do you recall what Mr. Waite asked of
23
1
2
her?
A.
I didn't.
3
Q.
4
did not?
5
A.
I don't, no.
6
Q.
Did Mr. Waite make the decision to place
7
8
9
10
11
12
13
What did Tom ask her?
You did or you
Gayle at Dalton?
MR. SHANK:Objection to form and
foundation.
MR. RIEK:Let me finish the
question.
MR. SHANK:Sorry, sorry.
I
thought you were done.
14
BY MR. RIEK:
15
Q.
Do you have knowledge did Mr. Waite make
16
the decision to place Gayle in the position of HR
17
manager?
18
A.
I do not know who made that decision.
19
Q.
Who did Mr. Waite report to?
20
A.
I don't know.
It changed because there
21
was a chief that was hired, but I don't know if he
22
went -- I don't know.
23
24
25
Q.
Was Jodi Hayes involved, was she there
at the time?
A.
She would have been in the channel
24
1
somewhere.
2
Q.
Do you recall when Gayle started as
4
A.
No.
5
Q.
-- manager?
6
What was your understanding of her
3
7
HR --
responsibilities?
8
9
A.
That she would support the Dalton and
Trail facilities in the HR function.
10
Q.
What did that involve?
11
A.
Again, my staffing was a big one that we
12
worked on and then all the benefits administration.
13
Q.
Anything else?
14
A.
There's a lot.
15
broad.
I mean, HR is pretty
There's a lot.
16
Q.
Was she the only HR person at the plant?
17
A.
Other than Tom, yes.
18
Q.
When Tom would come in?
19
A.
Tom would come in to support.
20
Q.
Would it be accurate to say that
21
recruiting was one of her major responsibilities?
22
A.
I think it was the number one, yes.
23
Q.
Do you know if she had been responsible
24
for recruiting at Mount Hope?
25
A.
I believe that was her primary function
25
1
at Mount Hope.
2
position.
That's why Tom liked her for the
3
Q.
Was she recruiting for hourly workers?
4
A.
Yes.
5
Q.
Any salary?
6
A.
I think so.
7
sure.
8
9
I'm not a hundred percent
I would assume so.
Q.
Did you reorganize or change the various
managers that reported to you at Dalton?
10
A.
Change in what way?
11
Q.
Well, transfer, remove, reassign.
12
A.
Reassigned, I don't believe I removed
14
Q.
Who was reassigned?
15
A.
I had shuffled around the supervisors --
13
16
any.
the floor supervisor responsibilities and the
17
18
19
production manager responsibilities.
Q.
Were you given any goals to reach by
Mr. Knable?
20
A.
Financial metrics for the division.
21
Q.
This is the commercial division?
22
A.
Yes -- well, both.
23
24
25
for both.
Q.
I was responsible
So both of them came with P&L goals.
How much time did you have to meet those
P&L goals?
26
1
A.
Annually.
2
Q.
Annually?
3
A.
Mm-hmm.
4
Q.
Were you evaluated annually?
5
A.
Yes.
6
Q.
By Mr. Knable?
7
A.
Yes.
8
Q.
Do you recall the overall evaluation he
9
10
gave you?
A.
They were always good.
11
12
13
Q.
Did he evaluate you two times, once or
A.
At least my first year, because I was
twice?
14
given a pay increase in the first 90 days because of
15
my performance, and I want to say the second year as
16
well, I don't believe there was a pay increase, but
17
I did receive a bonus.
18
Q.
First year or second year?
19
A.
I believe both years.
20
Q.
Was that sometimes called the MIP?
21
A.
Yes.
22
Q.
Did that go to everyone who worked at
23
the facility?
24
A.
I believe it was reserved for salary.
25
Q.
Salaried employees?
27
1
A.
But I don't believe it was everyone.
2
don't know; it was confidential.
3
with me.
4
Q.
5
My MIP was shared
I don't know who else had them.
Do you know if HR was in a position to
provide MIPs for an HR manager?
I
6
A.
I do not know that.
7
Q.
When Gayle came to work at Dalton, did
8
you have any meetings with her to spell out your
9
expectations?
10
A.
We had numerous meetings, yes.
11
Q.
Had you provided her with any sort of
12
goals or guidelines of what you needed HR to provide
13
you?
14
A.
Not that I recall, but there were
15
follow-up emails associated with our discussion,
16
questions.
17
18
Q.
So I'm sure there was documentation.
Were you ever asked or questioned about
Gayle's performance?
19
A.
I was.
20
Q.
By who?
21
A.
It was either Tom Waite -- I believe it
22
was Tom Waite.
23
Q.
What about Mr. Duncan?
24
A.
That's what I'm trying to recall.
25
Q.
You don't recall if Mr. Duncan
28
1
questioned you?
2
A.
I think it was a very informal in
3
passing conversation, but I think I had one with Don
4
as well.
5
Q.
6
performance?
7
8
What did you tell Mr. Waite about her
A.
That she struggled to get things done as
requested and on time.
9
Q.
These are assignments you gave her?
10
A.
(Witness nodding head up and down.)
11
Q.
You have to speak.
12
A.
It wasn't that I gave her, we were
13
peers.
14
position to give her an assignment.
15
Tom, not me.
16
She didn't report to me, so I wasn't in a
Q
She reported to
I understand she reported to Tom, but
17
when you said she was untimely completing
18
assignments, someone had to provide her with the
19
assignments; is that correct?
20
21
A.
Right, but it's not assigned.
It was
working together and asking what I needed.
22
Q.
I'm using your terminology.
23
A.
I'm clarifying for you.
24
Q.
What was it that you needed that she did
25
not complete timely?
29
1
A.
We were working on job descriptions
2
and what people were -- what do you call it,
3
qualifications.
4
their job.
So what they were required to do in
5
Q.
Qualifications for the position?
6
A.
For each hourly position on the shop
7
8
9
10
11
12
13
14
floor, yes.
Q.
How many different types of jobs were
there at the plant?
A.
Roughly 10 to 15.
and indirect labor.
Q.
What's the difference between direct and
indirect?
A.
Direct labor touches the product,
15
indirect labor supports.
16
metrics.
17
Q.
18
19
That includes direct
It's just a financial
Anything else that she was not timely in
completing besides these two matters?
A.
Not that I recall.
20
21
22
23
Q.
Did Mr. Waite inquire about Gayle's
performance prior to his evaluation of her?
MR. SHANK:Objection to
foundation.
24
THE WITNESS:Yeah, I don't recall.
25
BY MR. RIEK:
30
1
2
Q.
When were evaluations performed at
Overhead for salary?
3
A.
It was different.
4
Q.
Weren't they done --
5
A.
They were set up to be done, they
6
7
8
just -- it wasn't for whatever reason.
Q.
Generally the time period for an
evaluation was a calendar year, was it not?
9
A.
Yes.
10
Q.
So at sometime after December 31st of
11
the year, the employee would be evaluated?
12
A.
Yes.
13
Q.
Is that what happened to you?
14
A.
Around that time frame, yes.
15
Q.
When you became plant manager, was Gayle
16
already at the plant?
17
A.
I don't think so.
18
Q.
Prior to her coming to work at Dalton as
19
the HR manager, did she spend any time at Dalton
20
doing that HR related work?
21
MR. SHANK:Objection, foundation.
22
THE WITNESS:Not during my time.
23
BY MR. RIEK:
24
Q.
Do you know if she did so before?
25
A.
I don't know.
31
1
Q.
When Mr. Waite spoke to you regarding
2
Gayle, did he say any concerns he had regarding her,
3
or her work or functioning at Dalton?
4
A.
Not with me.
5
Q.
At some point in the summer of 2019, did
6
you become aware that Ms. Wormald's husband was
7
seriously ill?
8
A.
Yes.
9
Q.
How did you learn that?
10
A.
She communicated it to me.
11
Q.
He was hospitalized or would soon be
12
hospitalized?
13
14
It wasn't that level, it was that he was
Q.
And she would need to take leave under
ill.
15
16
A.
the FMLA?
17
A.
FMLA didn't have anything to do with me.
18
Q.
That's not my question, sir.
19
A.
I don't know.
Q.
Did she indicate to you because of his
20
21
The answer is I don't
know.
22
illness that she may have to be off of work to help
23
take care of him?
24
A.
Yes.
25
Q.
Also, were you also aware at this time
32
1
2
that Gayle had four small children?
A.
Yes.
3
Q.
Including a set of triplets?
4
A.
Yes.
5
Q.
And because of her husband's illness, he
6
7
8
9
was not able to care for them?
MR. SHANK:Objection, form
foundation.
THE WITNESS:I can't speak to that.
10
BY MR. RIEK:
11
Q.
12
told you that?
13
A.
No.
14
Q.
Now, the Family Medical Leave Act, how
I'm just asking do you recall if she
15
did Overhead handle that?
16
FMLA leave, how would they do that?
17
A.
If someone needed to take
There was actually a third-party
18
application -- it was done really well.
They would
19
apply, it was determined and then they would execute
20
accordingly.
21
Q.
Do you recall who the TPA was?
22
A.
No.
23
Q.
Did Gayle tell you at some point in
It was on a business card.
24
mid-August of 2019 that she needed to take FMLA
25
leave to take care of her husband?
33
1
2
MR. SHANK:Objection, asked and
answered.
3
THE WITNESS:I don't recall.
4
BY MR. RIEK:
5
Q.
6
When Gayle would miss work, did she
notify you that she would be absent?
7
A.
Yes.
8
Q.
Is that by email?
9
A.
It varied.
10
Q.
If it wasn't email --
11
A.
To answer your question, yes.
12
Q.
Did she tell you personally if she knew
13
in advance she would have to --
14
A.
Yes.
15
Q.
When Gayle would have to take leave, did
16
she indicate to you she would still be working on
17
some of the projects she had?
18
A.
Yes.
19
Q.
Do you know if she provided you with
20
support or information according to these projects
21
while she was off work?
22
MR. SHANK:Object to form.
23
THE WITNESS:You're going to need
24
to re-ask that question.
25
way.
I can't answer it that
34
1
BY MR. RIEK:
2
Q.
Do you know if Gayle submitted any
3
information, documents or work product while she was
4
off on her leave?
5
A.
6
MR. RIEK:Let's take a short
7
8
She did submit product.
break while I get the exhibits sorted out.
MR. SHANK:Sounds good.
9
(Thereupon, a recess was taken.)
10
MR. RIEK:Back on the record.
11
BY MR. RIEK:
12
Q.
Mr. Dolan, was there something referred
13
to as competency metrics within Overhead Door's
14
operations?
15
A.
I'm sorry?
16
Q.
Competency requirements, is that
17
18
19
something you dealt with in operating the plant?
A.
That's the project that I referenced
that Gayle was assigned.
20
Q.
That was the project?
21
A.
Yeah.
22
Q.
Part of that project was to develop job
23
descriptions?
24
A.
Job descriptions and competency, yes.
25
Q.
Competency being qualifications?
35
1
A.
Yes.
2
Q.
Had there been job descriptions?
3
A.
Yes.
4
Q.
But they were not up to date or not
5
6
accurate?
A.
We needed something to train and develop
7
our workforce, that's why I was hired was because of
8
the performance of the plant.
9
the training and development of our people coming
10
11
The competency and
from HR would have provided me with that.
Q.
Was the quality control department
12
13
involved in that work at all?
A.
Quality control?
Well, this is a tricky
14
question.
15
department when I started, and then he was promoted
16
into a production role.
17
occurred.
18
Q.
My production manager was in the quality
So I don't know when that
But I guess my broader question is:
19
quality control involved in developing the
20
competencies?
Was
21
A.
That way, yes.
22
Q.
What did you decipher to be the issues
23
with the workforce when you became plant manager?
24
A.
Everything was tribal knowledge.
25
Q.
Everything was what?
36
1
A.
Tribal knowledge.
2
Q.
What does that mean?
3
A.
So people knew how to do their job from
4
doing it previously.
There was no documentation.
5
don't want to go in the weeds.
I
6
7
Q.
Basically they were relying on their own
experience in how to do the job?
8
A.
Yes, and that of our long-term people.
9
Q.
I'm sorry?
10
A.
And that of our long-term people.
11
Q.
What did you expect the job descriptions
12
to provide?
13
A.
14
nothing.
15
Q.
16
They weren't job descriptions, so
I'm sorry.
I thought you mentioned the
word "job description" previously.
17
A.
Competency.
18
Q.
What type of documentation would be
19
developed to establish this competency?
20
A.
It would establish what we would train
21
them to.
It would establish the work instructions
22
for their job.
23
Q.
24
25
I think you said there's about 15
different classifications at the plant?
A.
That's a guess.
37
1
2
Q.
You were there for a couple years.
asking based on your experience.
3
A.
Still a guess.
4
Q.
How long did you anticipate it would
5
I'm
take to complete this project?
6
A.
Three to six months initially.
7
Q.
Did you expect that there would be any
8
refinement or revisions to the competencies as they
9
would been developed?
10
A.
Yes, of course.
11
Q.
Did Gayle complete any of these?
12
A.
No.
13
Q.
When was she asked to do this work?
14
A.
Early on.
15
Q.
Early on in her tenure?
16
A.
Yes.
17
Q.
Tom Waite, was he aware that she would
18
be doing this work?
19
MR. SHANK:Objection.
20
BY MR. RIEK:
21
Q.
To your knowledge.
22
A.
I don't know.
23
Q.
You said Gayle reported to Tom Waite?
24
A.
Correct.
25
Q.
Did Gayle indicate to you she described
38
1
to her boss what she was asked to do?
2
A.
No.
3
Q.
Do you know if she had any experience in
4
doing this kind of work?
5
A.
Yes, I did.
She had experience because
6
she was using a -- it was a name brand to do the
7
task.
8
Q.
I'm sorry.
9
A.
It was a system to evaluate and develop
10
Name brand in --
competencies that she had experience with.
11
Q.
12
you're saying?
13
A.
It was Korn something.
14
Q.
Korn Ferry?
15
A.
Korn Ferry.
16
Q.
K-o-r-n, F-e-r-r-y.
17
A.
Yes.
18
Q.
They're a management consulting firm, to
19
So it's a software package, is that what
your knowledge?
20
21
22
23
24
25
A.
I thought it was a system.
It was an
evaluation system is what I thought it was.
Q.
Is it your testimony she didn't complete
this project before she left?
MR. SHANK:Objection, asked and
answered.
39
1
2
THE WITNESS:Correct, she did not.
We finished it afterwards with her replacement.
3
BY MR. RIEK:
4
Q.
Who was her replacement?
5
A.
Kristin Ward.
6
Q.
What was the last name?
7
A.
W-a-r-d.
8
Q.
As part of the competency, was it
9
necessary to develop training modules to be used by
10
the employees?
11
A.
That was the second step, so yes.
12
Q.
The second step was developing the
13
14
training?
A.
What we would train them on based on the
15
16
competency.
Q.
Did Gayle indicate to you she did not
17
have prior experience in developing these types of
18
competencies?
19
20
21
A.
No, I already answered that she did,
that's why we did it.
Q.
That's not my question.
My question was
22
different, though.
My question did she indicate to
23
you that she did not have such experience?
24
A.
No, she did not.
25
MR. SHANK:Just note my
40
1
objection.
That's already been asked and answered.
2
THE WITNESS:I'm confused.
3
BY MR. RIEK:
4
Q.
5
Did Gayle indicate to you where she
acquired the Korn Ferry system?
6
A.
No.
7
Q.
Do you know if she purchased it or
8
arranged to purchase it?
9
A.
We did not purchase it at Dalton.
10
Q.
Do you know if she had to obtain a
11
license to use it?
12
13
A.
I don't know.
I know we had talked
about making the purchase.
14
Q.
Who would have to approve that purchase?
15
A.
Depends on what department it went
16
through and what it was under.
17
18
Q.
What did Gayle discuss with you about
the purchase, if anything?
19
A.
I don't recall discussing any purchase.
20
I remember discussing that it was available.
21
it.
22
Q.
That's
Did you come to learn that in order to
23
use the Korn Ferry material, a license would have to
24
be purchased?
25
A.
I don't recall.
41
1
2
3
Q.
Did Gayle develop any training modules
when she was there?
A.
Can you define "training module"?
4
Q.
What we've just been talking about, the
5
competencies.
6
develop modules to train the employees to the
7
competencies.
8
9
A.
You said the second step would be to
So I already answered this.
I said that
was the second step, and we did not complete it, no.
10
Q.
Did she develop any is my question?
11
A.
Not that I saw.
12
Q.
Besides the competencies first step and
13
the training module second step, were there other
14
projects for her to accomplish to assist the plant?
15
A.
Yes.
16
Q.
What was that?
17
A.
The HR functions that we discussed,
18
recruitment, benefit administration, day-to-day
19
issues with the personnel.
20
21
Q.
Did she have any assistance in the
recruiting?
22
A.
Myself, yes, and the supervisors.
23
Q.
What steps did she take to recruit new
24
workers?
25
A.
She worked with the supervisors to
42
1
identify what openings we had and what the
2
requirements were for the new hires.
3
4
5
6
7
8
Q.
Do you know how she sought to obtain new
hires, where she would look for them?
A.
Not the specifics.
Online, the company
website, no, I didn't -Q.
Did you know she made any print
advertisements?
9
A.
I believe so.
10
Q.
Did she generate qualified applicants?
11
MR. SHANK:Objection, form and
12
foundation.
You can answer if you know.
13
THE WITNESS:Ask it again, please.
14
BY MR. RIEK:
15
Q.
As part of her recruiting effort, did
16
Gayle generate qualified applicants to be
17
interviewed?
18
MR. SHANK:Same objection.
19
THE WITNESS:I'm going to say yes.
20
BY MR. RIEK:
21
Q.
22
generated?
Do you know how many hires she
23
A.
No.
24
Q.
Do you know the amount of openings there
25
were at the time she came to work there?
43
1
THE NOTARY:
I'm sorry.
2
say your question again?
3
BY MR. RIEK:
4
Q.
5
MR. SHANK:Objection, form and
foundation.
8
9
What was the approximate number of hires
that were needed when she came to the plant?
6
7
THE WITNESS:There were quite a
few.
10
BY MR. RIEK:
11
Q.
12
Can you
You said there's about a hundred
employees?
13
A.
Yeah.
14
Q.
You think more than 10 or 20?
15
A.
I want to say 20 to 30.
It's been --
16
the last three years have been terrible.
17
going to kind of roll over.
They're
Staffing has been a
18
problem for a long time.
19
Q.
Why is that?
20
A.
At different companies.
21
The market.
22
Q.
23
Was there a particular problem at Dalton
given its location for hiring?
24
A.
No.
I'm sure --
25
Q.
Dalton is in Wayne County, is it not?
44
1
A.
I believe, yes.
2
Q.
There's a significant Amish population?
3
A.
In Wayne County, yes.
4
Q.
Did Gayle, to your knowledge, focus her
5
marketing efforts in Medina and Stark County and
6
Tuscarawas?
7
A.
I can't answer that.
8
Q.
You don't know where she focused?
9
A.
I don't.
10
Q.
Was Gayle's recruitment able to reduce
11
the openings?
12
A.
It fluctuated, it varied.
13
Q.
Do you know approximately how many she
14
did bring in?
15
A.
I know I was constantly -- every week I
16
was constantly from Jamie Byrne and the executive
17
leadership of the staffing issues in Dalton.
18
there was never a point in time that we were staffed
19
to the point where the pressure was released.
20
think that should summarize all those questions.
21
22
Q.
I
It really doesn't, sir, because you
don't -- who is Jamie Byrne?
23
24
So
A.
Jamie Byrne is the president of the
division.
25
Q.
This is the -- what's it called?
I know
45
1
it's a commercial door division, what's its actual
2
name?
3
A.
Wayne Dalton.
4
Q.
No, isn't there another name, ACS or
5
something like that?
6
MR. SHANK:ASD.
7
THE WITNESS:Thank you.
8
MR. RIEK:It's what?
9
MR. SHANK:ASD.
10
We'll get it
right between all of us.
11
THE WITNESS:ASD.
12
So we had a weekly follow-up, and,
13
obviously, the performance of the plants was based
14
on staffing and the pressure was never released from
15
that.
16
be to meet customer expectations and demand.
So we were never staffed where we needed to
17
BY MR. RIEK:
18
Q.
19
In doing so, did you ask Gayle why she
couldn't get the employees in?
20
A.
Yeah, we had constant conversations.
21
Q.
Was there a turnover issue at the plant?
22
You had turnover, didn't you?
23
A.
Yes.
24
Define "issue."
25
Q.
Pardon me?
46
1
A.
Define "issue."
2
Q.
Do you have any idea what your turnover
3
4
5
rate was?
A.
It was reported.
Without it in front of
me, I wouldn't be able to report that.
6
Q.
Who reported it?
7
A.
We had metrics out of the software that
8
would report it.
So we were always looking at it, I
9
just don't know what it was.
10
Q.
What software are you talking about?
11
A.
Something on the HR side, it had metrics
12
that were able to pull up as far as staffing.
13
information is readily available for you.
14
15
Q.
In addition to new hires, you had to
hire replacement employees; is that correct?
16
A.
Occasionally, yes.
17
Q.
Was there any particular problem
18
19
That
identified why there was employee turnover?
A.
There was exit interviews that were
20
conducted, and it was your typical money, they were
21
going through some kind issue -- wide array of
22
issues.
23
while we were developing our leadership team that we
24
were working through, and that was my responsibility
25
was to develop those leaders.
We did have a couple leadership issues
47
1
2
Q.
complained about?
3
4
Who were the leaders that employees
A.
Production manager, production
supervisors.
5
Q.
How many production supervisors were
7
A.
Three.
8
Q.
And how many production managers?
9
A.
One.
10
Q.
Did the plant run three shifts?
11
A.
Ran one shift full time and then we had
6
there?
12
a skeleton at different times during my time there,
13
no third.
14
15
Q.
Was there at least one supervisor on the
skeleton?
16
A.
Yes.
17
Q.
Did you replace any of the supervisors
18
or transfer them?
19
A.
One -- transfer, no.
20
Q.
Replaced?
21
A.
No.
22
Q.
Were raises ever raised as an issue
23
24
25
making it difficult to bring in employees?
A.
I don't believe so because I thought we
increased them.
I specifically increased them.
48
1
Q.
You did?
2
A.
Yes, I did.
3
Q.
When did you do that?
4
A.
During my first year.
5
Q.
Do you recall what percentage?
6
A.
No.
7
Q.
You had to get approval from Mr. Knable
8
to do that?
9
A.
Yes.
10
Q.
Did wages also increase at Trail?
11
A.
Yes, I believe.
12
Q.
Mount Hope is a different part of the
13
company?
14
A.
Yes.
15
Q.
They're in the residential side?
16
A.
Yes.
17
Well, they're in both, residential
and commercial.
18
Q.
That is a bigger facility than Dalton?
19
A.
Yes, much.
20
Q.
Do you know how many employees Mount
21
Hope has, approximately?
22
A.
I don't.
23
Q.
Let me show you Exhibit 17.
24
25
Let me know
when you have had a chance to read it.
A.
Okay.
49
1
Q.
Do you recall these emails?
2
A.
No.
3
Q.
The top one appears to be an email from
4
you to Ms. Wormald dated October 30, 2019, at 7:23
5
in the evening; is that right?
6
A.
That's what it says.
7
Q.
In there there is a comment about
8
"Veronica is not your administrator."
9
Veronica?
Who is
10
A.
The administrative assistant for the
12
Q.
Do you recall her last name?
13
A.
No.
14
Q.
Did you hire her?
15
A.
Yeah.
16
Q.
Who did she report to?
17
A.
Me.
18
Q.
What were her functions as
11
19
20
plant.
administrative assistant?
A.
Primary responsibility was answering the
21
phones.
We were very customer service oriented, so
22
she had to be at that front desk to take care of
23
customer calls, and then data entry, greeting
24
visitors, guests, and then miscellaneous
25
assignments.
50
1
Q.
When you say "customers," were these the
2
retail customers or were they the distributors or
3
the chain that sold the product?
4
A.
All the above, visitors, distributors,
5
sales, everything.
She sat at the front door, so
6
anybody who walked through the front door.
7
Q.
I'm talking about phone calls, though.
8
A.
Anybody.
9
Q.
You said earlier there was customer
10
service section located at this plant?
11
A.
There is.
12
Q.
Did they have a separate phone system,
13
phone number?
14
A.
Not separate, but they focused on direct
15
sales.
16
interaction.
17
18
So they managed their direct customer
Q.
Did that go through the switchboard
where Veronica worked?
19
A.
Yes.
20
Q.
At sometime did Gayle talk to you about
21
having Veronica assist her with some projects that
22
she had to get done?
23
A.
Yes.
24
Q.
What did that deal with according to
25
your recollection?
51
1
A.
I don't recall.
2
Q.
Was Gayle asked by you to review some
3
safety training videos?
4
A.
I don't know what you're talking about.
5
Q.
Do you recall there being some safety
6
training videos stored in the conference room or
7
cafeteria?
8
A.
I'm sorry.
I don't recall.
9
Q.
This references all HR and safety
10
related emails and phone calls are to come from you.
11
What type of information was Veronica passing out or
12
forwarding on safety and HR matters?
13
MR. SHANK:Objection.
14
THE WITNESS:I don't know.
15
BY MR. RIEK:
16
Q.
17
18
19
What was Gayle's safety
responsibilities?
A.
She was responsible for the safety
coordination of the plant.
20
Q.
What did that entail?
21
A.
We never got there.
22
23
It was supposed to
be the safety training, OSHA compliance training.
Q.
Do you know if Gayle had any OSHA
24
compliance training?
25
A.
It was a requirement -- I can't answer
52
1
that.
2
would assume.
3
4
5
6
7
8
It was a requirement of the position, so I
Q.
Why do you say it was a requirement of
the position?
A.
Because it was an HR manager safety
position that she was in.
Q.
Did Gayle ever approach you about
wanting to take an OSHA 30-hour course?
9
A.
I don't recall.
10
Q.
Are you familiar with the OSHA 30-hour
11
12
course?
A.
The only course I recall it was for her
13
certification for human resources that I approved
14
and she attended and completed.
15
16
17
Q.
That's it.
Was that through the Society for Human
Resource Management?
A.
It's an SPH -- am I allowed to ask
18
19
20
21
22
questions?
Q.
Let me ask you:
Do you recall it being
Society for Human Resource Management?
A.
I know it came with acronyms that went
on her title.
23
Q.
Is that abbreviation sometimes SHRM?
24
A.
I think there, yeah, were two of them,
25
SPR and the other one, but that's the one that I
53
1
2
3
4
5
approved for payment, she attended and she finished.
Q.
My question was regarding specifically
OSHA training, did she -A.
Yeah, I don't recall any other training
other than that.
6
Q.
Please let me finish my question.
7
A.
I apologize.
8
Q.
Do you recall her asking you to attend
9
-- she wanted to attend an OSHA training course?
10
MR. SHANK:Objection.
11
THE WITNESS:I don't recall that.
12
BY MR. RIEK:
13
14
Q.
Are you familiar with the OSHA 30-hour
safety training program?
15
A.
No.
16
Q.
Have you ever taken any OSHA approved
17
safety training?
18
A.
Yes.
19
Q.
Did you take any when you were at
20
Overhead Door?
21
A.
I don't recall.
22
Q.
Have you taken any at your current place
23
of employment?
24
A.
Not certified, online, webinar.
25
Q.
An online webinar?
54
1
A.
Yeah.
2
Q.
Do you recall what specific OSHA topics
3
4
5
6
it covered?
A.
Yeah, it was crane, tow motor and
confined space.
Q.
Anything on lockout/tagout?
7
A.
We're developing our program, so I will
8
continue through it for all the OSHA requirements as
9
I go.
10
11
Q.
You are developing a lockout/tagout
program for the plant?
12
A.
Yes.
13
Q.
How about hazard communication?
14
A.
It will be included.
15
Q.
Handing you Exhibit 2, have you had a
16
chance to read that?
17
A.
Yes.
18
Q.
Who is Rick Caldwell?
19
A.
He was a corporate safety, he
20
coordinated all the plants.
21
person.
He was a corporate
22
Q.
Did he ever visit Dalton?
23
A.
He sat at Dalton until he resigned
24
25
shortly after I started.
Q.
He was in charge of the Dalton plant;
55
1
would that be accurate?
2
A.
No, he was a corporate employee.
3
Q.
What does that mean?
4
A.
Means he was responsible for high-level
5
6
7
of coordination of all plants.
Q.
All the Dalton plants -- I'm sorry.
All
the Overhead plants?
8
A.
And Wayne Dalton.
9
Q.
You said he left shortly after you came
10
on board?
11
A.
He resigned.
12
Q.
Do you know where he went?
13
A.
No.
14
Q.
Who replaced him?
15
A.
I don't believe anybody.
16
Q.
Let's look at Exhibit 2, please.
This
17
is October 23, 2019, email from you to Tom Waite
18
regarding Gayle "Counseling Report."
19
A.
Mm-hmm.
20
Q.
The second page is that counseling
21
report?
22
A.
Mm-hmm.
23
Q.
Please say yes or no.
24
A.
Yes.
25
Q.
I know it's awkward.
56
1
A.
That's on me.
2
Q.
Page 2, Bates number 715, is that a
3
I apologize.
report that you prepared?
4
A.
I don't know.
5
Q.
Did you have these forms available to
7
A.
I believe so.
8
Q.
If you did not prepare page 2, do you
6
9
you?
recall who did?
10
A.
Based on the email, I prepared it.
11
Q.
Why did you feel it was necessary to
12
prepare an "Employee Counseling Report Verbal
13
Warning"?
14
A.
This performance was continual and it
15
affected our financial metrics for a given month.
16
So after the verbal consultations, that's why I was
17
moving in this direction.
18
had to coordinate with Tom.
19
20
Q.
She reported to Tom, I
When you say financial metrics, what was
the problem here?
21
22
A.
The task she was assigned to do and
responsible for affected our financial reporting.
23
Q.
What was that task?
24
A.
Entering of temporary labor hours.
25
Q.
Temporary labor hours where, at Dalton?
57
1
A.
It would be both.
2
Q.
Dalton and Trail?
3
A.
Dalton and Trail.
4
Q.
Was there a temporary placement agency
5
that brought in temporary employees?
6
A.
Yes.
7
Q.
Who was that?
8
A.
There were multiple.
9
Q.
These temporary employees would come in
10
11
12
13
14
15
through multiple placement services?
A.
That's an HR question.
They would need
to answer that.
Q.
I'm asking you based on your
knowledge running the plant.
A.
No.
16
Q.
You don't know how many there were?
17
A.
How many temp agencies?
18
Q.
Yeah.
19
A.
I know there was Mancan.
20
I know there
was at least one.
21
Q.
Who was that?
22
A.
Mancan.
23
Q.
M-a-n-c-a-m-p?
24
A.
C-a-n.
25
Q.
Do you know if there were any others,
58
1
any other names you recall?
2
A.
3
who they were.
4
Q.
5
I believe there were, I just don't know
Did the temporary agencies record the
employees' hours?
6
A.
For payroll?
7
Q.
Yes.
8
MR. SHANK:Objection, form,
9
foundation.
10
THE WITNESS:The way I recall it,
11
when Gayle submitted these hours, they were
12
submitted to the temp agency for payment and then we
13
also did it for reporting our financial statements.
14
BY MR. RIEK:
15
Q.
16
The temp agencies actually paid the
employees; is that correct?
17
A.
Yes.
18
Q.
Until they became full-time employees of
19
Overhead?
20
A.
Yes.
21
Q.
Did the temp agency keep track of their
22
hours?
23
MR. SHANK:Objection.
24
THE WITNESS:No, that was Gayle's
25
responsibilities.
59
1
BY MR. RIEK:
2
Q.
3
4
That was the plant's responsibility to
keep track of their hours?
A.
Yes.
5
6
7
Q.
The temp employees would clock in and
out as any other employee?
A.
It was different.
The way we originally
8
had it set up one was on a timecard -- I'm going to
9
back up.
10
There were at least two, because there were
11
two different formats that we used to submit hours.
12
One was a card from that agency and I don't recall
13
what the other one was.
14
our reporting was not being done by Gayle, we
15
entered them into our payroll system and had them
16
starting clocking in and out of the system.
Then we set it up, because
17
Q.
That payroll system was?
18
A.
It was Kronos.
19
Q.
I was about to ask is it the Kronos
20
system?
21
A.
Kronos.
22
Q.
Well, prior to Gayle's arrival -- well,
23
24
25
let me ask that.
You have in here, you have written down "That
delay caused temporary labor expense from August and
60
1
September to be realized in October."
Was the net
2
effect of that so the expense side of August and
3
September were lower than they would had the
4
temporary hours been included?
5
A.
Yes.
6
Q.
Then the October were higher than they
7
should have been for just the month of October?
8
A.
Yes.
9
Q.
Prior to Gayle's arrival, what was the
10
11
12
13
procedure for reporting the temporary labor hours?
A.
Tom Waite would have performed that
task, I would assume.
Q.
Do you know if any of the temp agencies
14
dealt with anyone else at Dalton prior to Gayle's
15
arrival on the reporting temp hours?
16
17
MR. SHANK:Objection, form,
foundation.
18
THE WITNESS:I don't know.
19
BY MR. RIEK:
20
Q.
Who was the controller?
21
A.
When I started?
22
Q.
Yes.
23
A.
There was none.
24
Q.
Was a controller hired.
25
A.
Yes.
I hired a controller.
61
1
Q.
Who was that?
2
A.
Greg Hayden, H-a-y-d-e-n.
3
Q.
Do you know -- you said the controller
4
position was vacant on your arrival?
5
A.
Yes.
6
Q.
Do you know how long it had been vacant?
7
A.
Hold on, no, no, no.
I need to retract
8
that.
There was a controller there, Brian Johnson.
9
He took a promotion at Mount Hope and then I
10
replaced him.
11
there.
12
Q.
I apologize.
Controller was always
Do you know if the temp agencies had any
13
working relationship with Mr. Johnson to report
14
temporary hours?
15
A.
I don't know that.
16
Q.
Did you advise Gayle she was responsible
17
18
for reporting temp hours?
A.
Yes.
19
Q.
When did you do that?
20
A.
Early on.
21
Q.
Do you know if Gayle had previously
22
timely reported temp hours before the
23
August/September timeframe of 2019?
24
A.
No, it was an ongoing issue.
25
Q.
Did Gayle arrive at Dalton roughly in
62
1
March of 2019?
2
A.
I don't know.
3
Q.
Did Gayle come to explain or try to
4
discuss with you issues she was having reporting
5
these temporary labor hours?
6
A.
I remember a conversation about -- I had
7
counseled her prior to this.
So, yeah, we had
8
discussions about the performance.
9
Q.
That's --
10
A.
I don't remember the excuse or the
11
12
reason.
Q.
That's not my question.
Did she come to
13
you and explain to you difficulty she was having
14
trying to report these hours?
15
A.
That I don't recall, no.
16
Q.
In this time frame of the fall of 2019,
17
temporary labor was what percentage of your
18
workforce at Dalton?
19
A.
I wouldn't have that in front of me.
20
Q.
Were the majority of the new hires
21
coming into Dalton coming from temp agencies?
22
A.
I don't believe so.
23
Q.
Most of them were just new hires through
24
25
other sources, website?
A.
It varied.
63
1
2
3
Q.
Why did you send this verbal warning to
Mr. Waite?
A.
It was a conversation and my
4
recommendation for him to issue this, which I don't
5
know if he did or not.
6
7
Q.
So this is a conversation with you, Brad
Knable and Tom Waite?
8
A.
Just Tom Waite.
9
Q.
What did you tell Mr. Waite about this
11
A.
What was in the email.
12
Q.
I'm asking you what did you tell him
10
issue?
13
besides what's in the email?
14
conversation with him, what did you say to him?
15
16
17
18
19
20
A.
That there was an issue with the
reporting of temporary hours.
Q.
Did you ask him to give Gayle this
verbal warning?
MR. SHANK:Objection, asked and
answered.
21
THE WITNESS:Yeah.
22
BY MR. RIEK:
23
Q.
24
25
I'm sure you had a
Did you ask him to do so in your
conversation?
MR. SHANK:Objection, asked and
64
1
answered.
2
3
THE WITNESS:The email answers the
question.
4
5
MR. RIEKThat's not my
question.
6
7
8
9
THE WITNESS:I'll read the email
then.
MR. RIEKNo, that's not my
question.
My question to you, sir, is in your
10
conversation with Mr. Waite, did you recommend he
11
give this verbal warning to Gayle?
12
MR. SHANK:Ben, hang on.
He
13
already said he recommended that Tom give the
14
warning, that's why I'm objecting to the question.
15
Go ahead you can answer the question.
16
17
THE WITNESS:I said if you want to
proceed differently, let me know.
So yes.
18
BY MR. RIEK:
19
Q.
20
warning?
21
A.
I don't know.
22
Q.
Do you know what Tom Waite's evaluation
23
Do you know if he ever gave her this
was of Gayle for the 2019 year?
24
A.
I wouldn't know that.
25
Q.
The answer is you don't know it; would
65
1
that be correct?
2
A.
I don't know.
3
Q.
Let me show you now Exhibit 3.
Again,
4
it's an email from you to Mr. Waite, November 5,
5
2019.
6
7
8
9
10
A.
What is page 2 into page 3, I don't know
what that is.
Q.
If you don't know, you don't know.
That's fine.
You can see by the Bates numbers they're
11
produced sequentially, 723, 24 and 25 in the bottom
12
right-hand corner.
13
A.
Okay.
14
Q.
Do you recall sending this email to
15
Go ahead.
Mr. Waite?
16
A.
This one, no, I don't on this one.
17
Q.
You made a comment in here "Gayle is
18
seeing the writing on the wall and covering her
19
tracks for her poor performance."
20
opinion at the time?
21
A.
Was that your
I don't know because I don't understand
22
the reference I'm making here to the email.
23
like this is in the wrong email thread.
24
email, other than that, I'm lost.
25
Q.
It's
I wrote the
Well, what was Gayle doing that seemed
66
1
2
to be covering her tracks as you state?
A.
This is another example of the reporting
3
of the hours being an issue.
4
But I don't know -- it's like there's a missing
5
piece of the email.
6
7
8
9
10
11
12
Q.
That's all I'm seeing.
You don't recall any of the issues that
are being discussed in Exhibit 3?
A.
I recall the payroll issues with data
entry and, obviously, reporting to Tom it's
continuing and there's poor performances.
Q.
The bottom email, do you recall Annie
Shepard, who she was?
13
A.
I have no idea.
14
Q.
You don't know about "the hours being
15
pulled from Kronos 40 hours each," you don't know
16
what that references?
17
A.
No.
18
Q.
If you don't know, you don't know.
19
A.
I apologize.
20
Q.
You don't have to apologize for
21
anything, sir.
22
23
Did Mr. Waite ever come out to the plant to
talk to Gayle about her performance?
24
A.
I don't know.
25
Q.
Did you ever see him at the plant when
67
1
you became aware that he was talking to Gayle about
2
her performance?
3
4
5
A.
I didn't know he was talking to her
about her performance, so I wouldn't know that.
Q.
Let me show you what has been previously
6
marked as Exhibit 5, November 6th email from you to
7
Mr. Waite.
8
9
10
A.
I'm good except for the top line.
Yeah,
she was -- there was a question about removing
handicap spots, I told her to make sure she did it
11
legal and she was verifying that it was.
12
13
Q.
You said to Mr. Waite on November 6 at
1:11 p.m. --
14
A.
Yeah, I --
15
Q.
Let me finish my question, please.
16
"I may lose it.
17
Just venting."
Were you
losing your temper at her at the time?
18
A.
No, I've never lost my temper.
19
Q.
You never lost your temper at the plant?
20
A.
No.
21
Q.
Never lost it toward Gayle?
22
A.
No.
23
Q.
Never lost it to any other women?
24
A.
No.
25
Q.
Sarah Curtis?
68
1
A.
No.
2
Q.
That email, number 5, is dated November
3
6th.
4
email?
Do you see that at the top, that's the top
5
A.
Yes.
6
Q.
Do you recall Mr. Waite was at the plant
7
the following week?
8
A.
I don't recall.
9
Q.
Show you what's marked as Exhibit 6.
10
11
I want you to take a note at the top two emails.
Would you agree with me the email from
12
Mr. Waite to Ms. Wormald on Thursday, November 7,
13
2019, says "Hi, Gayle, I will be there Monday
14
through Wednesday of next week.
15
to you and James about these issues.
16
Waite."
I will be talking
Thank you, Tom
17
A.
Yes.
18
Q.
Does that refresh your recollection he
19
was there the following week?
20
A.
No.
21
Q.
Do you recall any conversations you had
22
with Mr. Waite regarding Gayle and her performance
23
the following week?
24
A.
No.
25
MR. SHANK:Objection.
69
1
BY MR. RIEK:
2
Q.
3
Do you recall having any complaints that
you raised with Mr. Waite regarding Gayle Wormald?
4
A.
No.
5
Q.
You can put that one down.
6
7
8
It was
really to give you the date of his visit.
Did you have any training that you had to
complete by the end of the calendar year?
9
A.
Which calendar year?
10
Q.
Each calendar year, let's say 2019 or
11
2020, there were things you had to complete?
12
A.
Yes.
13
Q.
What do they include?
14
A.
It was compliance training.
15
Q.
Was that by video or in-person or
16
17
18
online?
A.
Online, some was independent, some was
in group.
19
Q.
Compliance over what topic?
20
A.
One was harassment.
21
Q.
Sexual harassment or just harassment in
22
general?
23
A.
24
Sexual harassment, harassment, both.
don't remember the specific topics.
That was one.
I
25
It was leadership compliance training.
That's my
70
1
term.
2
Q.
Who is Bill Rimel?
3
A.
Bill Rimel is the production supervisor
4
at Trail.
5
Q.
I want to show you Exhibit 7.
There's
6
four pages to this exhibit.
I want to draw you to
7
page 3.
8
December 20, 2019, "Training materials in small
9
conference room," take a look at that.
It's an email from you to Mr. Waite,
10
A.
Okay.
11
Q.
Have you read the following page, the
12
one after that?
13
A.
There's nothing on my following page.
14
Q.
That's fine.
15
Does this refresh your recollection about the
16
review of training materials in the small conference
17
room?
18
A.
No.
19
Q.
You don't recall anything about that?
20
A.
No.
21
Q.
You don't recall asking her that she
22
should go through them and see what's still
23
applicable and what is not?
24
A.
No.
25
Q.
The top of page 3, Bates 1066, you say
71
1
to Tom "Ask for a completion date and received
2
complete disregard and a question.
3
of my time.
4
provides our HR representation."
5
sending that email to Mr. Waite?
Complete waste
Not sure how someone so incompetent
Do you recall
6
A.
I do not recall.
7
Q.
You did send it, though, didn't you?
8
A.
Apparently, yes.
9
Q.
Why did you feel she was incompetent?
10
MR. SHANK:Objection.
11
THE WITNESS:I don't remember
12
sending this, so I'm not going to be able to answer
13
that.
14
BY MR. RIEK:
15
Q.
Sir, you did send it?
16
A.
I'm not disputing that.
17
I said I do not
remember; therefore, I cannot answer.
18
Q.
Do you recall anything that caused you
19
to feel she was incompetent at that time besides the
20
temporary labor hours that we talked about earlier
21
today?
22
23
24
25
A.
I don't remember the training materials,
so I'm not going to remember that.
Q.
So to your knowledge, as we sit he here
today, there was no problems with the training
72
1
2
3
4
5
materials; is that correct?
MR. SHANK:Objection to form and
it mischaracterizes his testimony.
MR. RIEK:I'm just asking
summary.
6
MR. SHANK:No, he just testified
7
that he doesn't recall it and you just said
8
something different.
9
testimony.
So that mischaracterizes his
10
MR. RIEKNo, it doesn't.
11
MR. SHANK:It does.
12
BY MR. RIEK:
13
Q.
Is your inability to recall some of
14
these matters we've talked about today, do you
15
believe that's in part because of the serious
16
injuries you suffered from your motorcycle accident?
17
18
A.
I believe this is two years old and I'm
not -- I'm not going to remember.
19
Q.
I'm sorry.
That's why we provided you the document
20
to refresh your recollection.
21
your recollection?
That's not refreshing
22
A.
23
Is this at Trail or Dalton, can you help me
24
25
It's not, no.
there?
Q.
This is at Dalton.
73
1
A.
Okay.
2
Q.
Does that help you at all?
3
A.
No.
4
Q.
Was there any annual security training
5
required of you?
6
A.
Security?
7
Q.
Yeah, security training.
8
A.
No.
9
Q.
Do you know in December 2019 that Gayle
10
communicated to Tom Waite she was concerned about
11
how you were acting toward her?
12
A.
I did not.
13
Q.
Did you become aware in early 2020 that
14
15
16
17
18
19
20
21
Mr. Waite had to have surgery?
A.
I was aware Tom went through surgeries,
I don't recall the timeline.
Q.
When he was rehabbing from the surgery,
did Don Duncan act as his replacement?
MR. SHANK:Objection to form and
foundation.
THE WITNESS:Don Duncan was sent
22
because I had a situation with the pricing team that
23
he helped resolve.
24
BY MR. RIEK:
25
Q.
To your recollection, did Mr. Duncan
74
1
come to deal with that issue because Mr. Waite was
2
recovering from surgery?
3
4
5
6
MR. SHANK:Objection to form and
foundation.
THE WITNESS:No, I was told that he
was coming to deal with the pricing team situation.
7
BY MR. RIEK:
8
Q.
9
Did you ever tell Mr. Waite and Gayle
that you wished you didn't have to deal with FMLA?
10
A.
I don't recall that.
11
Q.
Did you ever state in the hallway
12
outside of Gayle's office that you kept employment
13
at one of your prior places of work under 50 to
14
avoid FMLA?
15
A.
I wouldn't because that's not true.
16
Q.
So you didn't make that statement?
17
MR. SHANK:What was the question,
18
Ben, you did or didn't?
19
BY MR. RIEK:
20
Q.
You did or did not make that statement?
21
A.
I don't believe I would because it's not
22
true.
23
24
Q.
It's just a yes or no.
You did or did
A.
I don't recall making the statement at
not?
25
75
1
all.
2
3
Q.
If other people overheard you, they
would be inaccurate based on your knowledge?
4
MR. SHANK:Objection.
5
THE WITNESS:I can't speak for
6
them.
7
BY MR. RIEK:
8
Q.
9
10
11
12
13
14
15
16
I understand that, but since you deny
you made the statement, you're saying others would
be inaccurate if others say they overheard?
MR. SHANK:He can't speak to what
other people would say, Ben, objection.
MR. RIEK:That may well be, but
he can certainly tell me based on his denial.
MR. SHANK:No, he can't.
I mean,
you're asking him to speculate what other people
17
would think.
It's an inherently flawed question.
18
BY MR. RIEK:
19
Q.
Did you ever tell Mr. Waite that you
20
were upset that Gayle was missing time because of
21
the FMLA or FMLA leave?
22
23
A.
No.
I did say it was affecting her
performance.
24
Q.
Her leave was affecting her performance?
25
A.
Yes.
76
1
Q.
Who did you tell that to, Tom?
2
A.
Yes.
3
Q.
Did you tell that to Mr. Duncan?
4
A.
No.
5
Q.
Gayle had what is known as intermittent
6
7
8
9
10
FMLA leave approved, to your knowledge?
A.
I don't know what was approved, but she
missed intermittently.
Q.
Are you familiar with the term
intermittent FMLA leave?
11
A.
I am.
12
Q.
Have you had any training on FMLA?
13
A.
Nothing formal.
14
launching it, so I'm going through it now.
15
16
We're currently
Q.
You're launching the training at your
current --
17
A.
We're going to go FMLA.
We're getting
18
above 50, so we're getting ready to launch it for
19
our people.
20
21
Q.
Did you ever question Veronica why she
was helping Gayle -- doing an assignment for Gayle?
22
A.
I do because there was issues with Gayle
23
being assigned or asked to do something and Veronica
24
doing it outside of her job scope.
25
following up to find out what she was being asked to
So, yes, I was
77
1
2
3
do.
Q.
Did Gayle ever ask if she could use
Veronica to help her out?
4
A.
She did, yes.
5
Q.
Did you agree she could do that?
6
A.
Yes.
7
Q.
Do you know what this project was that
8
Veronica was doing?
9
A.
That I do not recall.
10
Q.
Do you recall what the project was that
11
you followed up with Veronica that you had assigned
12
to Gayle?
13
A.
No.
14
Q.
Do you know if Veronica ever prepared a
15
statement that was forwarded to Mr. Waite?
16
A.
No.
17
Q.
Did you ever see any written statement
18
from Veronica?
19
A.
No.
20
Q.
Do you recall a Haley Wright?
21
A.
No.
22
Wait, no, Haley was in corporate HR.
23
Q.
In Lewisville, Texas?
24
A.
I don't know where, I know the name.
25
Q.
Did you have any dealings with
78
1
Ms. Wright?
2
A.
She sent out email notifications.
3
Q.
On what topics?
4
A.
I think events maybe.
Like, if a health
5
event was coming up or a corporate event, I believe
6
she would send out notifications letting all of us
7
know what was coming and status updates and things
8
like that from a corporate perspective.
9
Q.
Who is Michelle Beckler?
10
A.
Customer service for Dalton.
11
Q.
Was she based at Dalton?
12
A.
Yes.
13
Q.
Sarah Curtis, who is she?
14
A.
Pricing team.
15
Q.
Do you recall Mr. Duncan arriving at the
16
plant first part of February of 2020?
17
18
A.
coming to the plant.
19
20
21
Time frame, no, but I do remember Don
Q.
What did Don tell you when he got to the
A.
That based on the meeting that I had at
plant?
22
the national sales meeting and the issues that were
23
brought up between the pricing team, Sarah Curtis
24
and myself, that he was there to investigate and get
25
us back on the same page.
79
1
Q.
Where was the national sales meeting
3
A.
Texas.
4
Q.
At Lewisville?
5
A.
I don't think it was in Lewisville, it
6
was around it.
7
Q.
At a hotel?
8
A.
It was at a hotel in Texas.
2
9
10
held?
My first
time being there, so I -Q.
So did Mr. Duncan discuss anything else
11
with you besides the problem with Ms. Curtis that
12
arose at the sales meeting?
13
14
A.
No, that was based on the succession
planning for me.
15
Q.
Based on what?
16
A.
Succession planning.
The meeting that
17
was supposed to take place was succession planning
18
for me to take over for Brad, and, like I said,
19
Sarah had filed a complaint against me and that's
20
what Don was there for.
Instead of talking about
21
succession planning, I met with the chief HR.
22
Q.
Who is the chief HR?
23
A.
I don't remember his name, then Sandy
24
Denton, I remember her name, to discuss going
25
forward how I should approach it and get it fixed.
80
1
Q.
Did this occur in Texas?
2
A.
Yes.
Q.
Did you subsequently have any succession
3
plan.
4
5
Then Don was sent to execute that
discussions for you to take over for Mr. Knable?
6
A.
After that?
7
Q.
Yes.
8
A.
No.
9
Q.
Do you recall when was the sales meeting
11
A.
Texas.
12
Q.
Yeah, the one in Texas.
13
A.
Texas.
10
held?
14
Q.
I'm sorry.
15
A.
Right around that time frame.
16
Q.
It was after the first of the year?
17
A.
I believe so, yes.
18
Q.
So if Tom was there the first week of
19
When?
February, we're talking, like, January?
20
A.
Yes, sir.
21
Q.
How long was the meeting?
22
A.
About an hour.
23
Q.
How many days was the sales meeting?
24
A.
Two or three.
25
Q.
What was the nature of the problem with
81
1
Ms. Curtis, your view of it?
2
A.
My view?
They were in the up-front
3
office, the main office area, and as I was growing
4
my staff, we were trying to relocate them to a
5
different place in the plant so I could have my team
6
in the main office area all in the same area of the
7
plant.
8
Q.
Where were you going to relocate them
9
to?
10
A.
A shared office space that was being
11
partially used by the national account team that was
12
also nonDalton personnel.
13
14
Q.
Was Ms. Beckler part of the national
account team?
15
A.
No.
16
Q.
Did she work for Ms. Curtis?
17
A.
No.
18
Q.
She was separate and apart as a customer
19
service manager?
20
A.
Yes.
21
Q.
Was she involved in this move at all or
22
her staff?
23
A.
Shouldn't have been.
24
Q.
Where was her office?
25
A.
Upstairs second floor the main office
82
1
2
area.
Q.
This area where you wanted to move
3
Ms. Curtis' staff, was that on the second floor?
4
A.
Other side of the plant second floor.
5
Q.
What was the problem about moving them?
6
A.
She did not want to move.
7
Q.
Why was that?
8
MR. SHANK:Objection.
9
THE WITNESS:I can't speak for her.
10
BY MR. RIEK:
11
Q.
Did she ever tell you why she wanted to
13
A.
No, she filed a complaint.
14
Q.
Did you ever see the complaint?
15
A.
Not in writing.
16
Q.
How was the complaint described to you?
17
A.
That I was aggressive -- I remember the
12
move?
18
aggressive and I had no right to ask them to move,
19
so then I turned it over to Tom Waite.
20
Q.
Who turned it over?
21
A.
I turned the office move project over to
22
Tom Waite.
23
Q.
24
meeting?
25
A.
Obviously it did not go well.
Was Mr. Waite at the national sales
No.
83
1
2
Q.
When Mr. Duncan got to the plant in
early February, did he meet with you?
3
A.
At the end.
4
Q.
At the end.
5
Who did he meet with, to your knowledge, when
6
7
he got there?
A.
Gayle and the pricing team, but I don't
8
know specific -- I'm assuming Sarah.
9
who else.
10
11
Q.
I don't know
Do you recall Don attending any
production meetings with your staff?
12
A.
Yes.
13
Q.
How long did Don stay at the plant?
14
A.
After his initial visit, he was back and
15
forth for a period of time.
I'm guessing one week.
16
Q.
He was there for several days?
17
A.
No more than two.
18
It was three days up
to two weeks.
19
Q.
Did he make two visits to the plant?
20
A.
He made multiple visits throughout that
21
22
time frame.
Q.
His first visit early February, was that
23
24
25
a three-day visit?
A.
I don't recall.
I remember it being one
week -- approximately one week, three to four days.
84
1
Q.
Then he left and he returned?
2
A.
Sometime later, yeah.
3
Q.
Later in February?
4
A.
He had responsibilities at Florida
5
6
plant, so he was going back and forth.
Q.
Are you aware if Jodie Hayes asked him
7
to come back to the Dalton plant to oversee the
8
issues that had come up?
9
10
11
12
A.
I didn't know of Jodie Hayes'
involvement at all.
Q.
Did you ever discuss with Mr. Duncan
Gayle's performance?
13
A.
Yes.
14
Q.
What did you tell him?
15
A.
Same thing that I told Tom.
16
Q.
Can you tell me in your words what you
17
told Don?
18
A.
My words, there were performance issues.
19
Q.
Did you identify any of them?
20
A.
I don't recall specifically.
Q.
When you met with Mr. Duncan, did he
21
did.
22
23
I'm sure I
indicate Gayle had filed a complaint against you?
24
A.
No.
25
Q.
How did you get to be talking about
85
1
Gayle then when Mr. Duncan was there?
2
A.
He asked.
3
Q.
What did he ask?
4
A.
He asked about her performance.
5
Q.
Was this during that first visit he made
6
to the plant?
7
A.
The only thing I know that happened that
8
first visit was the pricing team.
9
Gayle's discussion was that visit or a subsequent
10
11
I don't know if
visit.
Q.
Did you ever see any report Mr. Duncan
12
filed with Jodie Hayes regarding his visits to the
13
plant?
14
15
A.
I did not see a report, no.
I did
receive a verbal report from Mr. Duncan.
16
Q.
What did he tell you?
17
A.
He told me I was doing a good job and I
18
needed to keep the conversations inside of my office
19
and keep doing what I was doing.
20
21
22
Q.
By "conversations inside of your
office," what was he referring to?
A.
People were overhearing conversations
23
and they were perceiving the conversations
24
incorrectly.
25
So by me being in my office, they weren't
So they were hearing bits and pieces.
86
1
overhearing the conversations or they were in the
2
office and were hearing the entire conversation.
3
Q.
So these were conversations you had in
4
the hallway, is that what he's referencing?
5
MR. SHANK:Objection to form and
6
foundation.
7
THE WITNESS:Not conversations, but
8
things that were overheard partial, like I said,
9
were being perceived incorrectly.
10
BY MR. RIEK:
11
Q.
During the time Mr. Duncan was there,
12
did you talk about -- or was it discussed between
13
you and Mr. Duncan transferring Gayle back to Mount
14
Hope?
15
A.
No, that had nothing to do with me.
16
Q
I understand, sir.
17
A.
I said no.
18
Q.
How did you become aware that Gayle
19
would be transferred to Mount Hope?
20
21
I didn't ask that.
A.
Tom Waite.
I believe Tom Waite
communicated it.
22
Q.
Was that by email or phone call, visit?
23
A.
I don't recall; it was communicated to
Q.
When was the transfer to take effect?
24
25
me.
87
1
2
MR. SHANK:Objection, form and
foundation.
3
THE WITNESS:I don't know.
4
BY MR. RIEK:
5
Q.
6
When do you recall Gayle being
transferred?
7
A.
I don't recall.
8
Q.
Was it prior to Covid hitting?
9
A.
I don't know, sorry.
10
Q.
Did you ask Mr. Duncan to transfer
12
A.
No.
13
Q.
Did you ask Mr. Waite to transfer her?
14
A.
No.
15
Q.
Did you indicate that you could not work
11
16
17
18
19
20
Gayle?
with her to either of those individuals?
A.
No.
I indicated that I was struggling
to work with her.
Q.
To your knowledge, what type of position
was Gayle transferred to at Mount Hope?
21
A.
I don't know.
22
Q.
Do you know if it was the same position
23
she held before when she transferred to Dalton?
24
A.
It was not the same position.
25
Q.
How did you learn that?
88
1
A.
I was told it was not the same position.
2
Q.
Is that from Mr. Waite or --
3
A.
No, it was a Mount Hope employee.
4
Q.
Who was that?
5
A.
I don't recall; it would have been an
6
office employee.
7
Q.
Is that per Ms. Wallick?
8
A.
No.
9
Q.
Did Ms. Wallick ever attend any meetings
10
between you and management staff or other employees?
11
A.
Yes.
12
Q.
What meetings?
13
A.
When Don Duncan had finished up his
14
investigation and analysis, we had basically final
15
direction on how Sarah Curtis and I were going to
16
move forward.
17
that I had done and corrected my actions and then we
18
sat down at Mount Hope with Don and Anne and
19
basically kind of like "Hey, this happened, we're
I had made an apology for the wrongs
20
all good and let's go back to work."
21
Q.
Was Ms. Curtis' offices moved?
22
A.
After she resigned.
23
Q.
When did she resign?
24
A.
I don't recall dates.
25
Q.
As a result of Mr. Duncan's
I'm so sorry.
89
1
investigation and your meeting that Anne attended,
2
her department stayed where it was?
3
4
A.
No, she was notified they would be
moving.
5
Q.
They would be moving?
6
A.
Yes, sir.
7
Q.
Did they ultimately move to where you
8
wanted them to go to?
9
A.
They did.
10
Q.
Right.
11
company?
12
A.
I don't recall.
13
Q.
Was she still there at the time you
14
left?
Is Veronica still with the
15
16
17
18
19
20
21
A.
Let me ask a question:
Was Veronica the
one with light hair, the blonde hair?
MR. SHANK:Nobody can really
answer.
MR. RIEK:If you don't know, you
don't know.
THE WITNESS:We had a couple in
22
between.
We had the original one that was there
23
when I got there and then we had a couple hires that
24
we had replaced.
25
was the younger one or she was the most recent.
I'm not remembering if Veronica
90
1
2
3
4
MR. SHANK:I don't know the
answer.
THE WITNESS:I don't know that.
I'm sorry.
5
MR. RIEK:That's fine.
6
Tell you what, let's take a short break.
7
8
(Thereupon, a recess was taken.)
MR. RIEK:Back on the record.
9
10
BY MR. RIEK:
Q.
I think my last question to you was when
11
Ms. Curtis resigned, and you indicated you don't
12
know when she resigned?
13
A.
I don't.
14
Q.
How did you become aware of her
15
resignation?
16
A.
Verbally.
17
Q.
Do you recall from whom?
18
A.
The pricing team was working from home,
19
so it was verbally.
20
Q.
This was after Covid hit?
21
A.
It was after Covid hit.
22
Yeah, it was after Covid hit because she was
Well, hold on.
23
working from home for a period of time.
24
resigned sometime after that.
25
Q.
She
Did any of the national groups that were
91
1
working at Dalton move to an office in downtown
2
Canton?
3
A.
Not that I'm aware of.
4
Q.
Pardon me?
5
A.
Not that I'm aware of, no.
6
Q.
At least while you were there?
7
A.
No, they came back.
They returned to
8
Dalton from the pandemic, because we had redone the
9
office space for them, new floors, paint, set up
10
11
their desks.
Q.
They returned before my departure.
Prior to your termination, had Bruce
12
Knable indicated to you he was not satisfied with
13
your financial performance at the plant?
14
A.
No, not at all.
15
Q.
Had you met the P&L goals that were set
16
for you?
17
A.
I think I was around 70 percent.
18
Q.
In other words, 70 percent of what
19
20
they -A.
Seventy percent of the goals I had
21
obtained.
My termination was executed before the
22
final evaluation.
Seventy-eight percent.
23
Q.
Seventy-eight percent of all the goals?
24
A.
I believe so, yes.
25
Q.
Not 78 percent of each goal?
92
1
A.
Seventy percent of the goals.
2
Q.
When you were terminated, you said it
3
was Mr. Duncan and Mr. Knable that came to meet --
4
A.
Tom Waite and Brad.
5
Q.
And Bruce?
6
A.
Brad.
7
Q.
Brad.
8
And they indicated to you -- I think you said
9
that Mr. Knable said "We're terminating you today"?
I'm sorry.
10
A.
11
you go."
12
Q.
They did not give you a reason at that
A.
No.
13
14
His exact words were "We're going to let
time?
They did say -- there was an
15
anonymous complaint line -- I thought of it after
16
you asked that question initially -- and the
17
complaints were how the pricing team and all that
18
information was transpired that he had said they
19
continued.
20
Q.
After Mr. Duncan had visited the plant
21
and had the attempted reconciliation, there were
22
still additional complaints being filed against you?
23
A.
According to Brad, yes.
24
Q.
Did he identify what departments those
25
were coming from?
93
1
A.
No.
2
Q.
Or the nature of those complaints?
3
A.
No.
4
Q.
Prior to this meeting with Mr. Knable
5
and Mr. Waite, had Mr. Waite informed you that other
6
complaints had been received?
7
A.
No.
8
Q.
So the meeting with Mr. Knable is the
9
10
first time you were aware other anonymous complaints
had been filed?
11
A.
Absolutely, yes.
12
Q.
Do you know if these complaints were
13
ever investigated?
14
A.
I could not know.
I would hope so.
15
Q.
Do you know if anyone from corporate or
16
other HR representatives came to the plant prior to
17
Mr. Knable informing you of this after Mr. Duncan
18
19
20
had been there?
A.
Tom Waite was there the week prior, day
or two.
21
Q.
One or two days?
22
A.
Yeah, very short visit.
23
Q.
Who did he talk to, to your knowledge?
24
A.
I don't know.
25
Q.
Did he meet with you?
94
1
A.
Briefly on a couple open items we had.
2
Q.
Do you recall what those were?
3
A.
No, sir, they were plant topics,
4
5
production, general related to Dalton.
Q.
Did Mr. Knable indicate that your
6
failure to perform better on the financial metric
7
was part of the reason for your termination?
8
A.
No.
9
Q.
The only thing he mentioned was the
10
11
anonymous complaints had continued?
A.
Yeah.
His exact words after "We're
12
going to let you go" was that "The complaints had
13
continued and somebody high-level HR is not going to
14
bat for you, so there's nothing more I can do."
15
16
17
18
19
20
Q.
Wouldn't it be Mr. Knable's decision if
you were terminated, to your knowledge?
MR. SHANK:Objection to form and
foundation.
THE WITNESS:Brad is the one that
said "We're going to let you go."
21
BY MR. RIEK:
22
Q.
23
Did you ever determine who in HR would
not go to bat for you to use your phrase?
24
A.
No, didn't really matter.
25
Q.
Is that when you began to negotiate a
95
1
2
3
severance?
A.
A severance was negotiated and there for
me to sign.
4
Q.
Oh, they brought it to the table?
5
A.
Yes.
6
Q.
They had the agreement with them?
7
A.
Correct.
8
Q.
Did you negotiate any of the terms or
9
was it fait accompli?
10
A.
I signed it as documented.
11
Q.
As is with no changes?
12
A.
Correct.
13
Q.
Were you informed you had 21 days to
14
consider the agreement?
15
A.
It was in the agreement, yes.
16
Q.
It was seven days afterwards if you
17
18
19
signed it to revoke it?
A.
I don't remember the timeframes, but
both of those were in there, yes.
20
Q.
That language was in there?
21
A.
It's in there.
22
Q.
Can't help but ask:
23
Do you know why
that's in there?
24
A.
I don't.
25
Q.
Did you come to learn if Ms. Wormald was
96
1
furloughed when furloughs were implemented?
2
3
A.
furloughed.
I was -- well, all salary was
So, yes, I would have known that.
4
Q.
Were you furloughed as well?
5
A.
Yeah, all salary was.
6
would be, yes, she was.
7
8
My assumption
Q.
When you say "furloughed," you were not
coming into work?
9
A.
We were instructed not to.
Pay was
10
reduced 20 percent, and as a result the company
11
wanted to be fair and only wanted us to work 32
12
hours, the problem is we were working 70, 80 hours.
13
So we weren't going from 40 to 32, we were going
14
from 60, 70, 80 down.
15
16
Q.
So just wasn't possible.
In other words, the plant was working
anywhere from 60 to 80 hours per week in production?
17
A.
As a result of the shortages, labor,
18
yes, we were working overtime, 10-hour days plus
19
weekends and we had to cover that.
20
Q.
21
plant --
22
A.
Do you know if the Overhead Door
I want to make one statement.
23
that by choice.
24
that.
25
We did
We were never instructed to do
I want to be clear.
Q.
Were you still working the same amount
97
1
of time?
2
A.
We did cut back.
We made an attempt to
3
cut back, but we did rotations and we did things --
4
whatever we could to make sure it was covered and
5
that we got out of the plant as much as possible.
6
7
Q.
employees within the plant?
8
9
What did you do to try to separate
A.
We had supervisors.
So we would have
one supervisor go home, take a day off, and then we
10
would have coverage -- we would cover different
11
areas.
12
Q.
Within the plant itself, were you able
13
to separate employees' workstations at least 6 feet
14
apart at that time?
15
A.
Oh, yeah, absolutely.
16
Q.
Were masks required?
17
A.
Yes.
18
Q.
Do you know if the company was ever
19
declared an essential business and that's why it
20
continued operation?
21
A.
It was.
22
Q.
How did you learn that?
23
A.
I received the notification in a
24
conference call, and then we received the
25
documentation to post at your doors, and then all
98
1
2
3
the protocols were developed.
Q.
After Gayle left the plant to return to
Mount Hope, did you ever see her again?
4
A.
I did not until today.
5
Q.
I understand that, but before today?
6
A.
No.
7
MR. RIEK:I have no further
8
questions.
Your witness, Ron.
9
EXAMINATION
10
BY MR. SHANK:
11
Q.
My name is Rob Shank, attorney for
12
Overhead Door Corporation.
I want to ask you some
13
questions today.
14
questions that Ben's already asked you, if I do ask
I'm going to try not to ask you
15
you the same thing, I apologize, just point that out
16
to me if you want to.
17
So let's start with -- and same ground rules
18
apply.
If you don't understand a question that I
19
ask, please ask me to clarify, I will be glad to do
20
that.
21
finish your answer.
Let me finish my question, I'll let you
22
I believe you testified earlier that you
23
participated in interviewing Gayle when she applied.
24
Let me rephrase that question:
25
during Gayle's interview when she applied for the HR
You were present
99
1
manager position at Dalton; is that right?
2
A.
Yes.
3
Q.
I think you testified you didn't say
4
anything during the interview; is that right?
5
A.
I did not ask any questions.
6
Q.
You didn't ask any questions?
7
A.
I don't recall if I said anything or
8
9
not, but I know I didn't ask any questions.
Q.
The other people who were at that
10
interview were Tom Waite and Gayle.
11
anybody else there?
Was there
12
A.
No.
13
Q.
Just the three of you?
14
A.
Yes.
15
Q.
Was there anything discussed during the
16
interview about Gayle's safety background that you
17
recall?
18
A.
Yes.
19
Q.
What do you recall being discussed?
20
A.
She talked about what she had -- I don't
21
know the specifics, but she had talked about what
22
she had done at Plastipak.
23
company and she said she was involved in safety and
24
what she was responsible for and it matched the
25
Dalton requirements.
I just remember the
100
1
2
3
Q.
Is it your understanding that Plastipak
is where Gayle worked before Overhead Door?
A.
That was my assumption, yes.
4
5
Q.
Do you recall Gayle saying anything else
about her safety background during this interview?
6
A.
I don't recall anything else.
7
Q.
You had no involvement whatsoever in the
8
process of Gayle applying for FMLA leave; is that
9
correct?
10
A.
Correct.
11
Q.
You had no involvement whatsoever in the
12
process of Gayle being approved for FMLA leave; is
13
that correct?
14
A.
Correct.
15
Q.
You were not involved in any way of
16
making decisions about Gayle's FMLA claims; is that
17
correct?
18
A.
Correct.
19
Q.
You were not involved in any way in
20
administering Gayle's FMLA claims; is that correct?
21
A.
Correct.
22
Q.
If you can pull up Exhibit 2 for me.
23
MR. RIEK:Your 2 or my 2?
24
MR. SHANK:It's your 2.
25
BY MR. SHANK:
101
1
Q.
I'm going to ask you some questions, and
2
it's perfectly legitimate, Mr. Dolan, for you to say
3
"That doesn't refresh my recollection."
4
doesn't refresh your recollection, tell me that.
5
it does refresh your recollection, tell me how it
6
does refresh your recollection.
If it
7
A.
Okay.
8
Q.
To my understanding from this document
9
10
that Gayle fell behind on submitting temporary labor
hours to the controller?
11
A.
Correct.
12
Q.
Do you know how that happened?
13
Do you
know how Gayle fell behind?
14
A.
I do not.
15
Q.
Was that Gayle's job responsibility to
16
If
submit temporary labor hours to the controller?
17
A.
Yes.
18
Q.
The result of that was that the
19
temporary labor expenses for August of 2019 were not
20
reported at all in August; is that right?
21
rephrase.
Let me
22
A.
Thank you.
23
Q.
She did not submit any temporary labor
24
expenses for August of 2019.
25
Gayle?
Is she referring to
Take a look at the document.
102
1
A.
2
August and September that were realized in
3
4
5
The month is what I'm questioning.
October, correct, they were not submitted in August.
Q.
Gayle did not submit the temporary labor
expenses in August of 2019?
6
A.
Yes.
7
Q.
Gayle did not submit the temporary labor
8
expenses in September of 2019?
9
A.
Yes.
10
Q.
August and September temporary labor
11
expenses, because they weren't submitted in those
12
months, had to be submitted in October of 2019?
13
A.
Yes.
14
Q.
Why was that a problem?
15
A.
Because we misreported our financials
16
for those given months, August and September, and
17
then I had to explain them on a call to find out
18
19
20
21
that they weren't reported.
Q.
What do you mean by that?
How did you
explain them on the call?
A.
I was called out on a call because the
22
financials were incorrect because the controller had
23
incorporated the numbers in the October numbers.
24
did an investigation, found out they weren't
25
incorporated and then I sent the email.
We
103
1
2
Q.
Let's be specific here.
Who called you
out on the call?
3
A.
Brad.
4
Q.
Brad Knable?
5
A.
Scott Yeager was on that call as well.
6
I'm not sure which one is Scott's call, but they
7
were holding me accountable for the performance of
8
the plant.
9
10
Q.
Were you held accountable for the
performance of this issue?
11
A.
I was.
12
Q.
I believe you said that you provided
13
this draft to Mr. Waite, that's Exhibit 2, right?
14
A.
Yes.
15
Q.
And you don't know whether Mr. Waite
16
provided this to Gayle or not?
17
A.
Correct.
18
Q.
Looking at the first page, Mr. Dolan,
19
you see the reference there you say, "I have
20
attached my draft of the counseling report for Gayle
21
that we discussed on Brad's call this morning."
22
you see that?
Do
23
A.
Yes.
24
Q.
"Brad's call this morning," is that the
25
call where Brad and Scott called you out on this
104
1
issue?
2
A.
Yes.
3
Q.
So that call occurred on October 23,
5
A.
Yes.
6
Q.
Is there anything else other than what
4
2019?
7
you testified to about the call that you remember
8
from the call between -- it would have been between
9
you and Brad and Scott?
10
A.
I can tell you that the call took place
11
at 10:00 in the morning eastern standard time as I
12
issued the email, too.
13
the conclusion of that call, we found out what
14
happened, I communicated -- I reported up to Brad
15
verbally and then I communicated the performance
16
issue to Tom.
17
Q.
The investigation began at
What type of call was it?
How would you
18
describe the call at 10:00 on Wednesday, October
19
23rd, what type of call was it?
20
A.
A standard call weekly.
We report in --
21
all except for the last one of the month, we report
22
in and just go through KPIs and where the business
23
is.
24
vice president of operations, engineering, he wears
25
a lot of hats.
Scott Yeager runs the call, he is the executive
That was his opportunity to be
105
1
updated by all of us at one time so he had the
2
information he needed.
3
4
Q.
This is a weekly call.
Who was on the
A.
All the plant managers, human resources
call?
5
6
regional directors of operation, engineering --
7
manufacturing engineering.
8
9
Q.
When you say "human resources," who did
you mean by from human resources?
10
A.
The regionals, Tom Waite, Don Duncan at
11
that time before he retired, Anne, Jodie Hayes was
12
supposed to be on it, she didn't make it very often.
13
Every now and then Jamie Byrne and Kelly Terry would
14
be on the call as well.
15
Q.
So you don't know one way or the other
16
whether Tom provided this counseling report to
17
Gayle; is that right?
18
A.
No, I have no idea.
19
Q.
You don't have any knowledge if it was
20
provided to Gayle, what Gayle's response to this
21
was?
22
A.
Correct.
23
MR. SHANK:Ben, this is one of
24
our exhibits.
25
Exhibit 14.
I'm going to mark this as Plaintiff's
106
1
MR. RIEK:
2
MR. SHANK:
Defendant?
Sorry, Defendant's 14.
3
(Thereupon, Defendant's Exhibit 14
4
of the J.L. Dolan Deposition was marked
5
for purposes of identification.)
6
BY MR. SHANK:
7
Q.
It may be easier, Mr. Dolan, if you will
8
read through each of the emails, then I'll ask you a
9
few questions about it.
10
A.
Starting at the top?
11
Q.
Yeah.
12
A.
"So I was thinking about this more" --
13
from Gayle to me.
14
more and if you don't want her" --
15
Q.
"So I was thinking about this
Sorry, you don't have to read it on the
16
record, you can read it to yourself before I ask
17
questions.
18
A.
Okay.
19
Q.
In your own words, Mr. Dolan, what was
20
the issue that you were having with Gayle that's
21
22
described in this email?
A.
Terri Indorf was -- I think her title
23
was scheduling.
Terri did everything.
24
go-to person.
25
scheduling, all the purchasing.
She was my
She took orders, she did production
She was my right-
107
1
hand person.
2
functions at that plant, all the safety
3
coordination, all the administration.
4
ran the plant.
5
Q.
6
7
She also took care of all the HR
She basically
When you say the plant, you're referring
to Dalton?
A.
Trail, smaller plant, lot less people,
8
but she was -- this email was in response to her
9
being frustrated with Gayle on an issue and asking
10
for me to step in to work with Gayle to basically
11
clear the path for her.
12
13
Q.
What was your understanding of Terri's
frustration with Gayle, if you have one?
14
A.
I do.
15
Q.
Sure.
I need a second.
16
A.
Terri was a long-term employee with the
17
company and she was used to doing things a certain
18
way.
19
MR. RIEK:Objection.
Go ahead.
20
THE WITNESS:She was used to
21
covering it, and when Gayle came in, Gayle's
22
responsibilities were Dalton and Trail.
It didn't
23
mesh well.
That's
24
where Terri's frustration was coming from is that
25
when Gayle got involved, there were issues.
Terri had it under control.
108
1
BY MR. SHANK:
2
Q.
In this email, Mr. Dolan, if you look at
3
the first email, Terri copies you on an email on
4
October 30th.
Do you see that at the bottom?
5
A.
Yes.
6
Q.
Then you email Gayle that same day
7
October 30th and you say, quote, "Veronica is not
8
your administrator.
9
emails and phone calls are to come from you.
All HR and safety related
I
10
don't want her sending emails or making calls on
11
your behalf."
12
13
A.
What did you mean by that?
Veronica is the one that placed the call
to Terri with instructions from Gayle.
14
Q.
Veronica placed a call to Terri --
15
A.
Call, email, communication -- retract,
16
some form of communication to Terri on something
17
that Gayle wanted done and that's why Terri replied
18
to me.
19
Q.
Veronica instead of Gayle, right?
20
A.
Yes.
21
Q.
And your instruction to Gayle was that
22
all HR and safety related emails and phone calls
23
were to come from Gayle, not from Veronica?
24
A.
Correct.
25
Q.
Why did you instruct her that way?
109
1
A.
Gayle was delegating her
2
responsibilities to Veronica without any approval.
3
We had talked about her doing some of it, but she
4
was supposed to run it through me, and it got to the
5
6
7
8
9
10
11
12
13
point where Veronica was doing most of Gayle's work.
Q.
And that was problematic from your
standpoint because Gayle was HR manager?
A.
And Veronica is the administrative
assistant.
Q.
Was it your understanding that Veronica
was a temp administrative assistant?
A.
not a temp.
If she was the last one there, she was
I hired her directly.
14
Q.
You believe she was not a temp.
15
A.
No, if she was the most recent --
16
Q.
Sounds like you're not sure?
17
A.
I'm not sure.
18
If she was the most
recent -- what's the date?
19
Q.
October of 2019.
20
A.
Regina was the original when I got
21
there, she's the one referenced in the email.
22
was a young lady after her and then there was
23
another one.
24
the most recent and she was not a temp.
25
Q.
There
If that is Veronica, then Veronica is
Whoever the most recent person was was
110
1
not a temp?
2
A.
3
her go before.
4
Q.
You let Regina go?
5
A.
I let her go.
6
Q.
Why did you let her go?
7
A.
Performance, attendance, I believe.
8
Q.
To you knowledge, Mr. Dolan, did
9
10
Correct.
Regina was a temp, and I let
Veronica have any HR background?
A.
Yes, she did have some skills.
She had
11
no formal training.
12
and pop two-person company and she had to do the
13
functions.
14
legally or correctly, but she did reference that she
15
was responsible for that at that time.
16
17
Q.
She worked at a very small mom
I have no idea if she was doing them
To you knowledge, did Veronica have any
safety background?
18
A.
To my knowledge, no.
19
Q.
Now, after you sent that email to Gayle,
20
Gayle sent two emails to you.
21
October 31st at 9:37 p.m.
She sent you one on
Do you see that?
22
A.
Yes.
23
Q.
Then she sent you another one on October
24
31st at 9:50 p.m., do you see that, the very top
25
one?
111
1
A.
Yes.
2
Q.
Do you know; did you ever respond to
3
those emails either in writing or verbally?
4
A.
5
respond.
6
least had a conversation.
7
8
9
Q.
This is an assumption, but I always
If there's not a documented email, I at
Do you recall anything about that
conversation?
A.
I know the corrective action from this
10
after we had talked was that I wanted -- she had to
11
come to me before delegating to the administrative
12
assistant to mitigate any kind of confusion or loss
13
in translation, this way I knew what Veronica was
14
doing, I didn't have to worry about her calling
15
Terri and communicating on Gayle's behalf.
16
Q.
This issue with Gayle delegating HR and
17
safety duties to Veronica had nothing to do with
18
Gayle's FMLA, did it?
19
A.
No.
20
Q.
This was strictly about Gayle performing
21
her duties as an HR manager?
22
A.
Absolutely.
23
Q.
You kind of reacted incredulously to me
24
a little bit when I asked if it had anything to do
25
with her FMLA.
Why did you react like that?
112
1
A.
A little insulting.
2
Q.
I didn't mean for the question to be
3
insulting, but just to make sure the record is
4
clear, this email on this issue with her delegating
5
things to Veronica had nothing to do with her FMLA?
6
A.
No.
7
Q.
Let me ask you a better question because
8
9
10
I asked you a double negative.
Did this issue have anything to do with
Gayle's FMLA?
11
A.
No.
12
Q.
Thank you.
13
You should have this in Exhibit 3.
I know you
14
looked at this with Ben as part of his questioning,
15
but why don't we do the same thing.
16
entire email to yourself and I'll ask you a few
17
questions about it.
18
Reread the
In your words, Mr. Dolan, just state again or
19
state in your own words what's the issue being
20
described in this email?
21
MR. RIEK:Objection.
22
BY MR. SHANK:
23
Q.
You can answer.
24
A.
There's something associated with Kronos
25
not being reported correctly, which is the hours
113
1
worked.
2
Q.
Okay.
3
A.
There's an issue there.
And then the
4
end email is my feedback to Tom as far as, again,
5
about the performance.
6
7
Q.
Let me ask it to you this way.
Again, I
don't want to put words in your mouth, so you tell
8
9
10
11
me if this isn't right.
Was the issue that Gayle was manually entering
Dalton transfers and she made a mistake?
A.
I can't answer that.
All I can answer
12
is that the work was not being done.
13
mistake, I can't answer that for her.
14
15
16
Q.
As far as a
When you say the work was not being
done, what work was not being done?
A.
Hours entered.
Numerous times this
17
topic has come up.
This is a Kronos payroll issue,
18
it's not a temp issue.
19
employees.
20
but they still need to be reported.
21
that HR tracks for us.
Kronos is for our full-time
The temp hours was a different issue,
That's a metric
22
Q.
That was part of Gayle's job?
23
A.
That is part of Gayle's job.
24
Q.
The reason why I asked you the question
25
the way I did, in your first sentence you said to
114
1
Tom, "The hours were not pulled because Gayle was
2
manually entering our Dalton transfers last week and
3
made a mistake."
4
question that way.
5
all about the nature of the issue?
That's why I asked you the
Does that refresh your memory at
6
A.
Hold on one second.
7
Q.
Sure.
8
A.
What we had going on, Caleb and Jim
9
10
11
12
Justice were transferred -- they were working at
Trail.
Q.
You're referring to a part of the
document.
13
A.
Page 2.
14
Q.
Make sure we're on the same page, Caleb
15
16
Hazel and Jim Justice, who are they?
A.
They are employees of Dalton that I
17
had -- I did not have the volume in Dalton but I had
18
the volume at Trail, so I transferred them and had
19
them working at Trail.
20
Q.
You had Caleb and Jim working at Trail?
21
A.
Working at Trail.
22
payroll correct.
23
what occurred in this.
24
25
Q.
We had to get their
We had to do a transfer.
That's
That's what Gayle was supposed to
handle, correct, the transfer?
115
1
A.
Yes.
2
Q.
And specifically the payroll relating to
3
the transfer?
4
A.
Yes.
5
Q.
That's what Gayle did not handle?
6
A.
Correct.
7
Q.
Ben asked you about this sentence in the
8
top email, "Gayle is seeing the writing on the wall
9
and covering her tracks for her poor performance."
10
He asked you that question.
Does any of this
11
refresh your memory about what you meant by that
12
portion of your email?
13
A.
No.
14
Q.
You also said -- same paragraph,
15
Mr. Dolan, last sentence of that same paragraph you
16
said, quote, "I am not understanding why Anne
17
Wallick would not have warned us."
Do you see that?
18
A.
Yes.
19
Q.
Does that refresh your memory as to what
20
21
that means?
A.
That's a comment that Gayle worked at
22
Mount Hope, and the performance that I witnessed at
23
Dalton, I was surprised we would have transferred an
24
employee performing at this level from one division
25
to another.
116
1
2
Q.
Do you know why Anne did not raise that
issue, if, in fact, she did not raise that issue?
3
A.
I do not, no.
4
Q.
Looking at the next paragraph,
5
Mr. Dolan, you say in the first sentence "I now have
6
five Dalton and three DSI personnel that do not want
7
to work with her due to 'incompetence.'"
8
first ask you, "DSI" refers to what?
Let me
9
A.
DSI is Trail.
10
Q.
You're stating in this email to Mr.
11
Waite that you have five Dalton employees and three
12
Trail employees that did not want to work with Gayle
13
due to her incompetence?
14
A.
Yes.
15
Q.
That was an accurate statement at the
16
time you made it, correct?
17
A.
Yes.
18
Q.
Do you remember who any of the five
19
20
Dalton employees were?
A.
Justin Belding, Eric, I don't recall his
21
last name, Gary Ferguson, Harvey Steiner.
22
the ones I know for sure.
23
Q.
Those are
It's your testimony that each of those
24
individuals expressed to you a reluctance to work
25
with Gayle due to her incompetence?
117
1
A.
2
MR. RIEK:Objection.
3
4
5
Yes.
and answer.
THE WITNESS:Greg Hayden was the
last one.
6
Yes to your question.
7
BY MR. SHANK:
8
Q.
9
10
Go ahead
The five are, I'll say first names to
keep it quick, Justin, Eric, Gary, Harvey, Greg?
A.
Yes.
11
Q.
Do you remember the three Trail
12
personnel that you're referring to here; do you know
13
who those people were?
14
15
16
A.
Terri Indorf, Bill Rimel, and I don't
recall the third.
Q.
Terri and Bill at least, and whoever
17
this other individual was, expressed reluctance to
18
working with Gayle due to her incompetence to you?
19
A.
20
MR. RIEK:Objection as to the
21
Yes.
last question.
22
BY MR. SHANK:
23
Q.
Next sentence, Mr. Dolan, "I have
24
requested the emails with the details (per our
25
discussion) but am witnessing reluctance due to past
118
1
issues that have been unresolved with other
2
personnel.
3
to the aforementioned comments.
4
want me to proceed differently, but this is
Other than Don, I am not able to speak
Let me know if you
5
escalating quickly."
6
email mean?
What did that portion of your
7
A.
I don't recall.
8
Q.
When you said "this is escalating
9
10
quickly," was that referring to the performance
issues with Gayle?
11
MR. RIEK:Objection.
12
BY MR. SHANK:
13
Q.
You can answer.
14
A.
Yes, and the frustration from my teams.
15
Q.
With Gayle's performance?
16
A.
Yes.
17
Q.
You forwarded the email string below
18
this email to Tom Waite, right?
19
A.
Yes.
20
Q.
You did that because of the performance
21
concerns that you and others were having with Gayle?
22
A.
Yes.
23
Q.
One more question on the email.
At the
24
very top of that top email, it says "Offline."
25
you see that word above "Tom"?
Do
119
1
A.
Yes.
2
Q.
Did you write that?
3
A.
I did.
4
Q.
What does that mean?
5
A.
I'm taking a section or group of emails
6
and I'm sending it only to Tom.
7
Q.
That's what you did here?
8
A.
It notifies Tom that it's between him
Q.
The issues with Gayle that are described
9
10
and I.
11
in this email had nothing to do with Gayle's FMLA;
12
is that correct?
13
A.
That's correct.
14
Q.
This was strictly about Gayle performing
15
her duties as an HR manager?
16
A.
Correct.
17
Q.
If you will find Exhibit 5 for me, this
18
is one Ben asked you about.
19
more questions.
20
yourself, I'll ask you a few follow-up questions.
21
I want to ask you a few
Again, read through the emails to
Is it accurate to describe the issue that is
22
being discussed in this email as about the possible
23
removal of certain handicapped parking spaces?
24
A.
Yes.
25
Q.
At the Dalton facility?
120
1
A.
Yes.
2
Q.
When you look at your email to Gayle on
3
November the 6th at 1:08 p.m., do you see that
4
email?
5
A.
Yes.
6
Q.
You told her, quote, "Please take care
7
of this within legal guidelines.
8
notifications regarding this topic.
9
quote.
10
I do not need any
Thanks," end
Why did you tell her that?
A.
Because when Gayle came over, we had
11
talked to her that we were looking for a person that
12
was a go-getter and could manage themselves and just
13
go, do their job.
14
myself.
15
That came from Tom Waite and
This was feedback as far as she was not
16
comfortable, she was still feeling the waters and
17
trying to figure out what she was allowed to do and
18
what she wasn't allowed to do.
The feedback from
19
myself, I can't speak with Tom, was constantly "Go,
20
keep me informed but do it."
21
Q.
Before you sent the email at 1:08 p.m.,
22
she kept you informed about the parking space issue,
23
right?
24
A.
Mm-hmm.
25
Q.
Is that a "yes"?
121
1
A.
Yes.
2
Q.
And then look at two minutes after you
3
send the email at 1:08 p.m. she responds to your
4
email; do you see that?
5
A.
Yes.
6
Q.
And she says in her response, quote, "I
7
want to make sure I understand - you are okay with
8
me doing it within the guidelines?"
9
that?
Do you see
10
A.
Yes.
11
Q.
That was the response Gayle gave to you,
A.
Yes.
12
13
right?
14
Q.
After that, literally a minute after
15
that you forward the email to Tom Waite, you said "I
16
may lose it.
17
memory at all as to why you said to Tom Waite "I may
18
lose it.
19
A.
Just venting."
Does that refresh your
Just venting"?
Yes, because I said "Please take care of
20
this within legal guidelines," I was very clear and
21
specific with the expectations of what I wanted her
22
to do, and two minutes later she replied back with a
23
question.
24
in my response, I was frustrated.
25
Q.
I got frustrated.
Although inappropriate
That's why you said what you said in the
122
1
email to Tom Waite?
2
A.
Yes.
3
Q.
Did you have any discussions with Tom
4
about this topic after you sent him that email?
5
A.
I don't recall.
6
Q.
Again, Mr. Dolan, don't read anything
7
into the question.
Did anything that's described in
8
this email have anything to do with Gayle's FMLA?
9
A.
No.
10
Q.
Did it have to do with her performance
11
concerns as an HR manager at Dalton?
12
A.
Yes.
13
Q.
Do you recall, Mr. Dolan, there ever
14
being an issue about a bumper sticker on some
15
individual's car at the Dalton plant?
16
A.
Yes.
17
Q.
What do you recall?
18
A.
It was a temp employee, and the pricing
19
team had visitors -- unauthorized visitors to the
20
plant, one of those visitors saw it and was offended
21
by the bumper sticker.
22
23
Q.
Do you know the name of the temp
employee whose vehicle it was on?
24
A.
No.
I remember it was a white car.
25
Q.
Generally, what was depicted on the
123
1
2
bumper sticker?
A.
It was -- I don't mean to -- it's stick
3
figures -- it's hard to decipher.
I sent the
4
picture to Brad, he didn't know what he was looking
5
at.
6
to the words I-T.
It's a way to say F it with a stick figure next
7
Q.
How did that come to your attention?
8
A.
It was either Gayle or a phone call from
9
10
11
12
13
Tom Waite; I don't recall.
Q.
HR notified me.
After it came to your attention, what
did you do?
A.
I got frustrated that I was having to
deal with the situation.
14
Q.
Why did you get frustrated?
15
A.
It was an employee in the parking lot
16
for unauthorized visitors.
17
an issue.
18
Q.
I did not see why it was
Did you ever say anything to the effect
19
that it was okay for that individual to have the
20
bumper sticker or any words to that effect?
21
A.
Absolutely not.
The end result I
22
offered for the employee to cover it while on our
23
property or I had to term him, and I termed him.
24
refused to cover it; therefore, I termed him.
25
Q.
Did that happen that very day or did
He
124
1
that happen later?
2
A.
That day.
3
Q.
Ben asked you some questions in his
4
examination about Sarah Curtis and Sarah's office
5
location.
Do you recall those questions?
6
A.
I do.
7
Q.
Did you ever tell Sarah that she needed
8
to stay in her office and not talk to employees or
9
any words to that effect?
10
A.
No.
11
Q.
The issue, as I understand it with Sarah
12
Curtis, she was not happy that her office location
13
was considering to be moved; is that right?
14
A.
Correct.
15
Q.
Was there anything more to it than that
16
from your standpoint?
17
A.
Not from my side, no.
18
Q.
You would call her team the pricing
19
team; is that right?
20
A.
Yes.
21
Q.
The pricing team's office was moved
22
because of business reasons; is that accurate?
23
A.
Yes.
24
Q.
Because you wanted to move your
25
production supervisor's offices up in the front
125
1
offices near yours?
2
A.
And manufacturing engineering.
3
Q.
Explain that.
4
A.
Manufacturing engineering was out on the
5
plant floor and the manufacturing engineer was
6
responsible for managing the capital of the plant,
7
which was ultimately my responsibility.
8
continuous improvement, process development, process
9
improvement, capitalized spending, project
So
10
management, maintenance were all his responsibility.
11
I wanted him in the front office with the rest of
12
us.
13
14
15
16
Q.
I believe you already testified to this,
but at some point did you apologize to Sarah?
A.
I did after I apologized for what she
had heard in the hallway and misperceiving and
17
18
making her feel uncomfortable at work.
So I do have, as the plant manager and the
19
leader of that division, a responsibility to act a
20
certain way, and by me speaking in the hallway, I
21
apologized for that because her perception was
22
incorrect, but I put her in that position.
23
apologize for that, yes.
24
Q.
25
MR. RIEKObjection.
So I did
How was her perception incorrect.
126
1
THE WITNESS:She had only heard
2
part -- a comment here or there.
3
the whole conversation and didn't know the whole
4
context.
5
BY MR. SHANK:
6
Q.
7
After you apologized to Sarah, how did
she respond to that?
8
MR. RIEK:Objection.
9
THE WITNESS:She ignored me.
10
She didn't hear
Go ahead.
Other
than the meeting with all of us in the plant, she
11
didn't speak to me from that point forward.
12
BY MR. SHANK:
13
Q.
14
15
16
17
18
Do you have any reason to believe that
Sarah had ever used FMLA?
A.
I would never know and, yeah,
wouldn't -- none of my business.
Q.
You don't know anything one way or the
other about Sarah's usage --
19
A.
No.
20
Q.
Let me just finish the question.
21
don't know anything one way or the other about
22
whether Sarah ever used FLMA?
You
23
A.
Say it one more time.
24
Q.
You don't know one way or the other
25
I'm sorry.
whether Sarah ever used FMLA?
127
1
A.
Correct.
2
Q.
This issue with the office locations had
3
nothing to do with Sarah being a female employee
4
either, did it?
5
A.
Absolutely not.
6
Q.
Why not?
7
A.
It was an office move for a leadership
8
team, had nothing to do with sex.
9
made up of five women and two guys.
10
MR. RIEK:Objection.
11
BY MR. SHANK:
12
Q.
My team now is
You can finish your answer.
He may make
13
some objections just like I did, but you can still
14
finish your answer.
15
A.
On TV they make you stop.
16
Q.
In court they make you stop.
17
MR. RIEK:Trust me, they would
18
make you stop, this judge in particular.
19
BY MR. SHANK:
20
Q.
Michelle Beckler, what is your
21
understanding as to the issue that Michelle Beckler
22
had with you?
23
A.
I know she filed a complaint on the
24
anonymous line -- well, she filed a complaint
25
through her boss.
I don't know if it was through
128
1
the anonymous line or if it was direct.
2
right around the same time as that sales meeting.
3
Her name was also mentioned when I met with the
4
HR -- Sandy and the chief human resource officer.
5
6
7
Q.
It was
What was the nature of Michelle's
complaint?
A.
My understanding of the nature is that,
8
again, Michelle was there for 20-plus years, and I
9
was hired to come in and make changes to the
10
division to get things back on track and we didn't
11
agree a lot of times on the direction.
12
Another learning I had in the beginning is I
13
did come off a little too strong.
14
that process I was able to change my approach a
15
little where I was more effective with that team.
16
17
18
Q.
Working through
What specifically did you and Michelle
not agree on or more specifically?
A.
Dating jobs, putting additional labor on
19
to something and not getting paid for it, freebies
20
to customers, things like that.
21
sales operations.
22
ordinary.
That's common in
There's nothing out of the
23
Q.
Sales related and business related?
24
A.
Exactly.
I was responsible for the
25
operation, she was customer service and sales.
It
129
1
was typical, nothing out of the ordinary that I was
2
ever made privy to.
3
4
Q.
Do you know one way or the other if
Michelle Beckler ever utilized FMLA?
5
A.
I do not know.
6
Q.
Do you recall, Mr. Dolan, did Tom Waite
7
ever come to Dalton to look into these issues raised
8
by either Sarah or Michelle?
9
A.
Regarding me?
10
Q.
Yes.
11
A.
Yeah, he did.
12
Q.
He came and he spoke to you?
13
A.
After he was done investigating, yes.
14
Q.
What do you recall the discussion
15
16
between you and Tom after he was done investigating?
A.
He confirmed what Duncan had told me to
17
keep the conversation in the office but keep doing
18
what we were doing.
19
Q.
Do you know approximately when that was?
20
21
22
23
24
25
A.
There were a couple times that these
occurred.
Q.
When Tom came to speak to you, did you
discuss anything about Gayle?
A.I don't recall specifics on that.
Keep in mind I had complaints from people for
130
1
scheduling overtime.
Some of what he was
2
investigating, that's what he was investigating.
3
The anonymous line, people were saying that I was
4
overworking them because I was scheduling them for
5
overtime.
It was just culture.
6
(Thereupon, Defendant's Exhibit 16
7
of the J.L. Dolan Deposition was marked
8
for purposes of identification.)
9
10
BY MR. SHANK:
Q.
This is Defendant's Exhibit 16.
Same
11
thing, if you will read these emails yourself and
12
I'll ask you a few questions about them.
13
In your words, Mr. Dolan, what are the issues
14
15
that are being discussed in this email?
A.
It looks like getting new hire employees
16
and temps set up in the system, getting hours
17
transferred for payroll, training, orientation of
18
new hires and then it looks like getting set up in
19
our system.
20
Q.
When you say "it looks like," you're
21
referring to the four bullet points that are in that
22
email from Terri Indorf?
23
A.
Correct.
24
Q.
Each of those four bullet points that
25
you just testified about, were those things that
131
1
fell within Gayle's job duties as HR manager for
2
Dalton and Trail?
3
A.
Yes.
4
Q.
You emailed Terri on November 11th,
5
6:49 a.m., you said "This" -- there's a double word
6
there, but "This this first thing today," what did
7
that mean?
8
A.
If you look at the subject, it says
9
"Still awaiting HR issues email for resolution,"
10
this was based on a conversation from Terri for
11
follow-up.
12
email form what the issues were.
13
doing here.
14
Q.
I was emailing Terri to document in an
That's what she's
Let me make sure I understand.
Terri
15
had asked you about these issues, you looked into
16
them and followed up with Terri; is that correct?
17
A.
No, Terri verbally communicated there
18
were issues.
I told her to send me an email with
19
the issues documented.
20
in response to that.
This is the email she sent
21
Q.
Understood.
22
After Terri sent you the email describing the
23
HR issues, you forwarded that email to Tom Waite; do
24
you see that?
25
A.
Yes.
132
1
2
Q.
You said, quote, "Dalton HR performance
improvement," end quote.
3
A.
These are emails that Tom requested me
4
to forward to keep him looped in on the performance
5
issues.
6
Q.
Is that why you forwarded this to Tom
7
because of the performance concerns you were having
8
regarding Gayle?
9
A.
That would be my assumption, yes.
10
Q.
Why do you say "assumption"?
11
A.
Because I don't have -- there was a
12
verbal conversation somewhere with Tom that I don't
13
see.
14
15
I have to assume that's why I sent it to Tom.
Q.
Do you recall anything about the verbal
communication with Tom?
16
A.
I do not.
17
Q.
The issues described in this email
18
string had nothing to do with Gayle's FMLA; is that
19
correct?
20
A.
No.
21
Q.
Let me rephrase.
22
23
24
25
I asked you another
bad question.
Did the issues described in this email string
have anything to do with Gayle's FMLA?
A.
No, they did not.
133
1
Q.
Can you find Exhibit 8 for me now?
2
MR. RIEK:It's been marked.
3
BY MR. SHANK:
4
Q.
Read through that to yourself,
5
Mr. Dolan, I'll ask you a few questions about it.
6
Is it accurate to describe the issues being
7
discussed in this email as about security training
8
that employees had to do?
9
10
11
A.
I can't confirm security.
It's about
training.
Q.
Looking at page 2, December 19th, Gayle
12
sends you and Bill Rimel an email and you see that
13
chart that's on page 2?
14
A.
I do.
15
Q.
Can you tell what type of training or
16
17
why that email was sent?
A.
I don't know the type of training.
The
18
email was sent because this is a screenshot that
19
shows who has not completed the training.
20
sending a reminder to have Bill and myself complete
21
the training.
22
Q.
She was
In the email when you look at the
23
subject line, she was telling you to "Please
24
complete by noon on Friday 12/20/19."
25
that?
Do you see
134
1
A.
Yes.
2
Q.
Turning back to the first page,
3
Mr. Dolan, your email response to Gayle at 1:29 p.m.
4
on December the 19th said, quote, "This is not due
5
until January 1st, why do you need it on Friday?"
6
Do you see that?
7
A.
I do.
8
Q.
Why did you email her and say that?
9
A.
She was putting on a deadline that
10
wasn't accurate.
11
Q.
Why was it not accurate?
12
A.
It was due before January 1st, not
13
14
15
16
Friday of that week.
Q.
Then Gayle sent you an email response on
3:00 p.m.; do you see that?
A.
I do.
17
18
Q.
And you sent another email response
asking her "Why have a due date?"
Do you see that?
19
A.
Yes.
20
Q.
What did you mean when you asked her
21
"Why have a due date?"
22
A.
My question was why would IT shut off
23
the Internet when there's a due date.
Why would
24
they shut off the Internet prior to the due date for
25
the completion of training.
That didn't make any
135
1
sense to me.
2
3
4
5
Q.
That's what you were asking her in your
A.
Yes.
email?
IT is to keep the Internet
running, not turn it off so we can't get training.
6
Q.
Gayle responded again to you at
7
3 o'clock p.m.
8
A.
Yes.
9
Q.
At 3:06 p.m. you said, quote, "Forward
Do you see her response?
10
this to Tom.
I do not have the time right now and
11
this is out of line."
Do you see that?
12
A.
I sent it to Gayle you mean?
13
Q.
I'm sorry?
14
A.
I sent that to Gayle?
15
Q.
Yes.
16
Did I not say that?
17
I'm sorry.
Let me
restate it so we're clear.
18
On December 19th at 3:06 you sent an email to
19
Gayle that said, quote, "Forward this to Tom.
20
not have the time right now and this is out of
21
line."
22
A.
I do
I had no problem with the reminder, I
23
had a problem with moving the deadline up and what I
24
believe to be a miscommunication by IT.
25
Q.
Is that why you said to her "this is out
136
1
you have line"?
2
A.
Yes.
3
Q.
I'm showing you what's been marked as
4
5
Plaintiff's Exhibit 10.
A.
Okay.
6
Q.
This appears to be about the same
7
training issue that we just talked about in Exhibit
8
8.
Is that your understanding?
9
A.
It's an assumption but I'm confused.
10
Q.
What are you confused --
11
A.
I don't know what it's related to.
12
can assume that it is.
I
Hold on.
13
Yes.
14
Q.
Yes it is?
15
A.
Based on the timestamp, I would assume
Q.
You told Gayle with a copy to Tom Waite
16
17
it is.
18
in the top email that you, quote, "Need it for
19
discussion tomorrow."
Do you see that?
20
A.
Yes.
21
Q.
Was that a discussion with Tom Waite?
22
A.
I don't know.
23
Q.
You don't remember?
24
A.
I don't remember.
25
Q.
Does that refresh your memory at all
137
1
about whether there was a discussion, and, if so,
2
with who?
3
4
A.
involved that I recall.
5
6
Q.
9
10
11
Do you know why you told Gayle that you
needed it for a discussion tomorrow?
7
8
If there was a discussion, I wasn't
A.
Tom.
No, because nowhere did I send this to
So, no, I don't.
Q.
To be clear, the top email has a copy to
Tom Waite; do you see that?
A.
Right, but nowhere else am I seeing that
12
I sent this to Tom.
I don't know why I would be
13
having a discussion about this.
14
Q.
That does not refresh your memory?
15
A.
It does not.
16
Q.
This issue about training had nothing --
17
18
19
strike that.
Did this issue about training have anything to
do with Gayle's FMLA?
20
A.
No.
21
Q.
Can you check and see if you have
22
Exhibit 9 in front of you?
23
ready, Mr. Dolan.
24
issue being described here?
25
A.
Tell me when you're
In your own words, what's the
Going through training materials.
138
1
2
Q.
Specifically your request that Gayle go
through training?
3
A.
Go through training materials, yes.
4
Q.
So you requested that Gayle sort and
5
discard training materials and videos that had been
6
stored in a conference room?
7
A.
According to the email.
9
Q.
You agree that's what the email says?
10
A.
That's what the email says.
11
Q.
Do you recall what training materials
8
12
I do not recall
this.
and videos were in the conference room?
13
A.
No.
14
Q.
Do you recall whose they were?
15
A.
No.
16
Q.
Do you recall how many there were?
17
A.
No.
18
Q.
Was Gayle the person responsible for --
19
strike that.
20
21
Gayle was the person responsible for safety
training at Dalton at the time, correct?
22
A.
Correct.
23
Q.
Where was Gayle's office located in the
24
Dalton plant?
25
A.
Across the hall from the controller
139
1
catty-corner to me.
2
Q.
The conference room that's being
3
referred to in this email, where was that conference
4
room located relative to Gayle's office?
5
A.
We have the training room and then we
6
have a conference room and then there was a small
7
room next to the lunch area, lunch break area.
8
don't know if it was that small area or if it was
9
the conference room that was on the second floor.
I
10
Q.
It was one of the two?
11
A.
It was one of those locations assuming,
Q.
Were both of those in relative close
12
13
14
yes.
proximity to Gayle's office?
15
16
17
A.
They were on the other side of the
facility.
Q.
Top email, you sent this to Tom Waite
18
and said what is stated in the top email.
19
see that?
Do you
20
A.
Yes.
21
Q.
First of all, can you explain why you
22
23
sent it to Tom Waite?
A.
Provide him feedback.
Anything I
24
forwarded to Tom for Gayle was because Gayle, like I
25
said, didn't report to me.
140
1
2
Q.
You were providing feedback to Tom on
your view of Gayle's performance.
3
A.
Correct.
4
Q.
What did you mean -- explain what you
5
meant, Mr. Dolan, in the feedback that you provided
6
at the top email?
7
A.
Without the context, I don't recall.
8
Q.
You don't remember anything other than
9
10
11
12
what's stated?
A.
What's stated is I was frustrated with
another performance issue.
Q.
Does this refresh your recollection
13
about anything else relating to these training
14
materials in the conference room?
15
A.
No.
16
(Thereupon, Defendant's Exhibit 21
17
of the J.L. Dolan Deposition was marked
18
for purposes of identification.)
19
BY MR. SHANK:
20
Q.
This will be Defendant's Exhibit 21.
21
A.
Okay.
22
Q.
So this Exhibit 21 relates to the same
23
topic as Exhibit 9 that we just looked at, right?
24
A.
Yes.
25
Q.
About training materials in the small
141
1
conference room, correct?
2
A.
Correct.
3
Q.
On January 3rd you sent an email to
4
Gayle saying, quote, "Your response does not provide
5
the timeline requested.
6
disconnect."
7
A.
Please advise why there's a
Why did you send that email to Gayle?
The way that I was expected to manage
8
was to have the leadership provide me with a
9
response, what their plan was, not micromanage them,
10
but provide them with the ability to do their job
11
and a date to have it complete, project management
12
101.
13
themselves accountable.
14
that reported to me and those that didn't report to
15
me.
16
were effective in what our task were.
17
was pushing for a date so that we would be able to
18
execute this project.
19
20
21
22
23
24
25
I can hold them accountable and they can hold
I did this with everyone
Like I said, it was a way to enable that we
Q.
That's why I
How did Gayle respond to your request
for a date?
A.
With email responses but did not respond
with a date.
Q.
You're referring to the email responses
at the top of this page?
A.
Yes.
142
1
Q.
How did you feel about her response?
2
A.
I forwarded it to Tom Waite, obviously
3
it was not acceptable.
4
Q.
Why was it not acceptable?
5
A.
Because asking for a date and a specific
6
timeline and getting a response that doesn't provide
7
anything that's requested in the email.
8
what I do, but I don't know what to do with that.
9
Q.
I'm good at
Did you ever have any verbal
10
communication with Gayle about this issue in the
11
training materials in the small conference room?
12
A.
I don't recall.
13
Q.
Do you ever recall having a verbal
14
conversation with Gayle about that topic in her
15
office?
16
A.
No.
17
Q.
Do you ever recall having a meeting with
18
Gayle about that topic where you closed the door to
19
her office?
20
A.
No.
21
Q.
Twenty-two.
22
MR. RIEK:Your 22 or ours?
23
MR. SHANK:Ours.
24
BY MR. SHANK:
25
Q.
Was the issue being described in Exhibit
143
1
22 that employees who were being laid off at Trail
2
were being considered for work at Dalton?
3
A.
Yes.
4
Q.
Just explain that a little bit more what
5
6
was going on at the time?
A.
Volume, like I said, if one plant got
7
slow and the other one needed work, we would
8
transfer the labor and have them come up and do work
9
in the plant that was busy.
10
Q.
How did this relate to Gayle's job
11
responsibilities and why was Gayle involved in this
12
email string?
13
A.
I can't answer that.
14
Q.
But you did forward this email to Tom
15
I'm confused.
Waite, do you see that?
16
A.
Yes, I do.
17
Q.
Do you recall why you forwarded it?
18
A.
I do not.
19
Q.
You said to Tom, "I tried explaining
20
what we needed to evaluate.
I told her to call you
21
when she started arguing with me."
22
mean by that?
What did you
23
A.
I don't know.
24
Q.
That does not refresh your memory?
25
A.
Not at all.
It looks like it's in the
144
1
2
wrong email thread.
Q.
Looking at Gayle's email, Mr. Dolan, she
3
says that she, quote, "put the department below and
4
what departments they are in, do you have to let us
5
know if they have a specific skill set since the
6
departments there are generic."
7
your memory at all what was going on?
8
A.
I'm sorry, no.
9
Q.
Fair enough.
10
11
Does that refresh
Was there a situation, Mr. Dolan, that you're
familiar with where an employee from Dalton was
12
having some benefit problems, Gayle put the employee
13
on hold and then forgot to get back to the employee?
14
15
A.
I do.
I don't know the employee's name,
but there was an incident that occurred.
16
Q.
What do you remember of that incident?
17
A.
The employee come into my office
18
19
extremely upset communicating to me.
Q.
I know you don't remember the employee's
20
name, but tell me what else you remember about that
21
incident?
22
23
A.
That's it.
The employee was upset, very
upset, just felt it was unprofessional.
24
Q.
Felt what was unprofessional?
25
A.
Being putting on hold and not getting
145
1
2
3
4
back to them.
MR. RIEK:Objection.
Go ahead
and answer.
THE WITNESS:I explained there's a
5
lot of things that go on, and I did explain in that
6
situation that we were sorry and make sure it got
7
taken care of.
8
BY MR. SHANK:
9
Q.
You handled the situation?
10
A.
It went back to Gayle, she handled it
11
12
from that point forward.
Q.
I was out.
Other than what I've already asked you
13
about and what Gayle's counsel has already asked you
14
about, are there any other performance issues that
15
you were having with Gayle and you have not already
16
testified about?
17
A.
No, not that I recall.
18
Q.
Just summarize in your own words,
19
Mr. Dolan, what were the performance issues that you
20
were having with Gayle as an HR manager?
21
MR. RIEK:Objection.
Go ahead.
22
THE WITNESS:Basic execution of job
23
responsibilities, entering people in the system,
24
recording data and submitting it per the financial
25
metric, providing dates, providing responses to
146
1
emails with specific very pointblank questions.
2
BY MR. SHANK:
3
Q.
Anything else that you can recall?
4
A.
No.
5
In summary, it was just execution
of the tasks.
6
Q.
Gayle is claiming in this lawsuit that
7
your attitude towards her changed after she started
8
using FMLA.
Do you disagree with that?
9
A.
Absolutely.
10
Q.
Explain why you disagree with that?
11
A.
Because FMLA has nothing -- that's a
12
benefit for an employee.
13
different for it?
We do it now and we don't have
14
FMLA.
My company that I work with now,
15
we take care of our employees that need time off,
16
why -- it's insulting.
17
18
I'm sorry.
Q.
Why would I treat anybody
Did any of the issues that you're having
with Gayle have anything to do with her taking FMLA?
19
A.
No.
20
Q.
Have you explained why not sufficiently
21
in your mind?
22
A.
Today?
23
Q.
Yes.
24
25
Is there anything else you want to
do to explain that?
A.
Strike that question.
No, like I said, it's insulting.
147
1
2
MR. RIEK:He struck the
question.
3
BY MR. SHANK:
4
Q.
Is there any further explanation you
5
want to provide in response to the question why it
6
had nothing to do with her FMLA?
7
A.
No, I think my past permanence and
8
current performance will speak for itself.
9
even think it's worth me responding to.
10
Q.
I don't
There's been some testimony in prior
11
depositions, Mr. Dolan, about Gayle making excuses.
12
You don't have to worry about what's said in prior
13
depositions, but my question to you is:
14
describe Gayle in terms of her willingness to accept
15
responsibility for the performance issues that I've
16
asked you about?
17
MR. RIEK:
18
BY MR. SHANK:
19
Q.
20
Objection.
How do you
Go ahead.
How do you describe Gayle in terms of
her willingness to accept responsibility for the
21
performance issues that you've been asked about here
22
today?
23
24
25
A.
During my time working with Gayle, that
has been a struggle for her.
Q.
What has been?
148
1
A.
Accepting responsibility.
2
Q.
What do you mean when you say it's been
3
4
5
6
a struggle from your perspective?
A.
Deflecting, excuses, not responding to
simple requests, questions.
Q.
You experienced those things with her
7
when you worked with her when she was the HR manager
8
at Dalton?
9
A.
I did.
10
Q.
I believe you testified, Mr. Dolan, that
11
you did meet with Mr. Duncan when Mr. Duncan came
12
out to the Dalton facility, is that your testimony?
13
A.
That is correct.
14
Q.
I think you testified you met with him
15
for three hours or so?
16
17
A.
20
I met with him
at the end after he had conducted his investigation.
18
19
I don't recall a time.
Q.
After he had met with whoever he met
A.
He was keeping me out of it so we didn't
with?
21
have interaction.
22
was able to provide me corrective actions for
23
whatever he had found out.
24
25
Q.
He did his thing by the book and
What was your understanding, if you have
one, Mr. Dolan, about the issues that Mr. Duncan was
149
1
2
looking into?
A.
It was the Sarah Curtis complaint from
3
the pricing team, Michelle Beckler was mentioned in
4
it, so I would assume that had a part in it, and
5
then the anonymous complaint line -- not complaint
6
line, it was HR hotline.
7
8
9
Q.
In your discussions with Mr. Duncan, did
you ever discuss -- strike that.
In your discussions with Mr. Duncan, did you
10
discuss Gayle's performance?
11
A.
I don't recall.
I'm sure it came up,
12
but I don't think it was during that first week.
13
That was all on me.
14
Q.
Did you ever tell Gayle that Mr. Duncan
15
was not investigating you, he was investigating
16
Gayle?
17
A.
No, he was investigating me.
18
Q.
Did you ever tell Gayle that -- strike
19
that.
20
21
22
I'll withdraw the question.
Did you ever tell Gayle she better watch her
step?
A.
No, the only warning I ever gave to
23
Gayle was while Don was there she was gossiping with
24
Michelle on the steps and when I came out of my
25
office they looked very suspicious and separated.
I
150
1
offered her that that was not a good idea.
2
think it was a good idea for her to do that.
3
was the only thing I had advised her on.
I didn't
That
4
Q.
Are those the words that you used?
5
A.
I don't recall the exact words.
6
Basically something along the lines of gossiping --
7
you know what, hold on, "Maybe this isn't the best
8
time to be gossiping," something along those lines.
9
That was what I had personally advised her
10
11
one-on-one.
Q.
What were you told, Mr. Dolan, about how
12
Mr. Duncan's investigation concluded, specifically
13
what was the conclusion of Mr. Duncan's
14
investigation?
15
A.
"Keep the conversations in your office
16
and keep doing what you're doing.
17
good job."
You're doing a
There were witnesses to that.
18
Q.
Who were the witnesses?
19
A.
Greg Haden and Harvey Steiner.
20
Q.
Different topic, Mr. Dolan.
You were
21
not consulted in any way about Gayle's transfer to
22
Mount Hope, correct?
23
A.
Correct.
24
Q.
You did not have any say in Gayle's
25
transfer to Mount Hope, correct?
151
1
A.
Correct.
2
Q.
You did not have any -- strike that.
3
You did not have any role in the company's
4
decision to furlough Gayle either; is that correct?
5
A.
Correct.
6
Q.
It's accurate to say you had no dealings
7
with Gayle whatsoever after she transferred to Mount
8
Hope; is that correct?
9
10
11
A.
MR. SHANK:
14
15
16
Let's go off the
record.
12
13
Correct.
(Thereupon, a recess was taken.)
BY MR. SHANK:
Q.
I have a few follow-up questions or
topics for you, won't take long.
In questions from Gayle's attorney, he asked
17
you some questions about competency projects that
18
Gayle was supposed to do; do you recall that
19
testimony?
20
A.
Yes.
21
Q.
My understanding -- strike that.
22
Gayle did not complete the competency project;
23
is that correct?
24
A.
Correct.
25
Q.
Was it her job to complete that?
152
1
A.
Yes.
2
Q.
Do you know why it wasn't completed?
3
A.
No.
4
Q.
I believe you testified it was completed
5
after Gayle's employment ended?
6
A.
Correct.
7
Q.
That was by Kristen Ward?
8
A.
Correct.
9
Q.
In response to a couple of my questions
10
about whether these performance issues with Gayle
11
had anything to do with her FMLA, you used the term
12
"preposterous" in response to one question and
13
"insulting" in response to another question.
14
Explain why you used those terms in response to
15
those questions?
16
17
A.
Because I'm a professional in what I do,
and to accuse me of associating FMLA benefits with
18
anything, it just didn't sit right.
19
Q.
To be clear, did you ever do that with
21
A.
No, I've never done it period.
22
Q.
With anyone?
23
A.
Anyone.
24
Q.
I want to make sure I'm clear, were you
20
25
Gayle?
told by the company the reasons why your employment
153
1
2
ended?
A.
Just what I had said, "We're going to
3
let you go.
4
the HR at the top doesn't have your back anymore."
5
That was what was said to me.
6
Q.
The HR complaints have continued and
Is it your understanding that your
7
termination reason had anything to do with Gayle
8
Wormald?
9
A.
10
No.
MR. SHANK:
I will reserve my
11
right to ask any additional questions after I hear
12
Gayle's attorney's questions.
13
RE-EXAMINATION
14
BY MR. RIEK:
15
Q.
Let me go back.
Let me start with, sir,
16
did you, in your assessment of Gayle's performance
17
during the time she was there, I'll tell you March
18
of 2019 until February of 2020, did you find her
19
performance basically the same?
20
A.
Yes.
21
Q.
Now, we have talked about the temporary
22
labor hour reporting issue.
23
would that be involved on a monthly basis?
24
are we talking about in hourly compensation?
25
A.
About how much money
How much
Without the financial reports in front
154
1
of me I can't answer.
2
Q.
You don't know?
3
A.
It would be available for you.
4
Q.
I understand that, but at this time the
5
temporary employees were, I think you said earlier,
6
10 to 12 temporary employees at the plant.
7
8
9
10
A.
It varied.
I wouldn't put a number to
Q.
You used a phrase earlier "KPI."
it.
What
does that mean?
11
A.
Key performance indicator.
12
Q.
You were shown Exhibit 14, can you go
13
back and find that, and if you also could look at
14
Exhibit 1.
15
MR. SHANK:
Fourteen and one, Ben?
16
MR. RIEK:Your 14 my 1.
17
MR. SHANK:I'm with you.
18
BY MR. RIEK:
19
Q.
If you compare Exhibit 14 to Exhibit 1,
20
the only difference between these two is Exhibit 14
21
contains Gayles' email of 9:50 on October 31, 2019;
22
is that correct?
23
MR. SHANK:Object to form.
24
It's both of the top emails, right?
25
BY MR. RIEK:
155
1
Q.
Yeah, there's two of them.
I'm talking
2
about both of the top two ones, yes.
The ones above
3
the emails beginning with "Veronica," those two are
4
the difference between these two exhibits?
5
A.
Doesn't say who is, says "her."
6
Q.
Exhibit 1 has an email from Terri Indorf
7
dated October 30th at 6:20 p.m., does it not?
8
A.
Yes.
9
Q.
And it also appears on Exhibit 14, does
10
it not, bottom of the page, 754 is the page number?
11
A.
Yes.
12
Q.
And Exhibit 1 -- the last email on
13
Exhibit 1, the top of page 1 from you to Gayle dated
14
7:23 on October 30th; is that right?
15
that begins "Veronica is not your administrator."
16
17
A.
It's an email
The timestamps are different.
I've
never seen that before.
18
Q.
One says --
19
A.
7:22:52 and the other one says 7:23,
20
that's weird.
21
They're the same.
22
23
Q.
But, yes, I do.
I see them both.
Exhibit 14 goes on to have a 9:37
response from Gayle to you on Exhibit 14?
24
A.
Yes.
It does.
25
Q.
Additional response she makes at 9:50 on
156
1
October 31st?
2
A.
The response, yes.
3
Q.
Now, when I asked you about Exhibit 1 at
4
the beginning of your deposition, I think you said
5
you didn't recall any of these events?
6
MR. SHANK:Objection to the
7
extent it mischaracterizes his testimony.
8
record speaks for itself.
9
MR. RIEK:It does.
10
11
The
THE WITNESS:Yeah, I agree it does.
Nothing has changed.
12
BY MR. RIEK:
13
Q.
What work was Veronica doing for
14
Plaintiff, because I think you said under Rob's
15
questioning she was doing most of Gayle's work.
16
like to know what it is that Veronica was doing.
17
A.
I wasn't assigned to her.
18
you the feedback I received.
19
to.
20
Q.
I'd
I can tell
That's what I spoke
What work was Veronica doing for Gayle,
21
your understanding?
22
A.
She was reaching out and scheduling
23
training as your exhibit, and then there was another
24
email where she had reached out for questions to the
25
DSI, Terri Indorf, and I don't remember the other
157
1
one.
2
3
Q.
Do you know if Ms. Indorf made
complaints about you to Ms. Wormald?
4
A.
I wouldn't know that.
5
Q.
Gayle never passed those on to you, did
7
A.
No.
8
Q.
Do you know Ms. Indorf made complaints
6
9
she?
to other managers at Trail to Ms. Wormald?
10
MR. SHANK:Objection.
11
THE WITNESS:I wouldn't know that.
12
BY MR. RIEK:
13
Q.
14
15
You mentioned also that you had
received -- Justin Belding?
A.
Belding.
16
Q.
And Eric, last name unknown, Greg
17
Furgeson, Harvey Steiner and Greg Haden complained
18
Ms. Wormald's performance to you.
19
A.
Yes.
20
Q.
What are the specifics of any of their
21
complaints?
22
A.
I don't recall that.
23
Eric's last name is Griffith.
24
Q.
What was Harvey Steiner's position?
25
A.
Manufacturing engineer.
158
1
Q.
At Trail or Dalton?
2
A.
Dalton and Trail.
3
Q.
What dealings did he have with
4
5
6
Ms. Wormald?
MR. SHANK:Objection, form and
foundation.
7
THE WITNESS:Other than production
8
meetings, I can't answer that question.
9
MR. RIEKOther than what, sir?
10
THE WITNESS:Production meetings,
11
any meetings we would have had together, I can't
12
answer that.
13
BY MR. SHANK:
14
Q.
Do you know if Ms. Wormald obtained a
15
maintenance technician for Mr. Steiner's department,
16
recruiting one for him?
17
A.
We hired two during my time there.
I
18
wouldn't know who was the HR rep that positioned
19
them, but we did hire two, one at Trail and one at
20
Dalton.
21
Q.
Do you recall if Mr. Belding was upset
22
with Gayle because she demanded he finish his
23
competency assignment?
24
MR. SHANK:Objection.
25
THE WITNESS:I can't answer for
159
1
Justin.
2
BY MR. RIEK:
3
Q.
I'm asking if you're aware, sir.
4
A.
No.
5
6
Q.
Were you ever concerned that Justin
smelled of alcohol at the plant?
7
A.
Yes.
8
Q.
Was he ever cautioned about drinking?
9
A.
Yes.
10
Q.
Did he ever improve his -- stop that
11
problem?
12
A.
13
During my time, yes.
I had one warning
and I had no other issues.
14
Q.
Are you familiar with the term PIP?
15
A.
Performance --
16
Q.
Performance improvement plan.
17
A.
Yes.
18
Q.
Did you put Mr. Belding on a PIP?
19
A.
I drafted it.
20
Q.
Who would make that decision to place
21
He was not placed on it.
him on it?
22
A.
I would.
23
Q.
Gary Ferguson, was he ever put --
24
A.
Gary Ferguson was put on a PIP.
25
Q.
What position did he hold?
160
1
2
A.
He is what we call the front end -- back
end supervisor.
He managed our curtain department.
3
Q.
What department?
4
A.
Curtain department.
5
A.
I also drafted one for Kevin Straight
6
but it was not administered.
7
8
Q.
Did you complain to Ms. Wormald about
Harvey Steiner's performance?
9
A.
Not that I recall.
10
Q.
You discussed the employee that came to
11
your office upset he had been left on hold by Gayle
12
during a phone call?
13
14
A.
I do -- the employee did contact me, yes.
15
16
Q.
Did you come into Gayle's office at that
time when that employee was on the phone?
17
18
I don't remember the communication, but
A.
I don't recall.
I thought it was after
the fact.
19
Q.
Did you come in the office and ask her
20
to put the call on hold because you had to talk to
21
her?
22
A.
No.
23
Q.
You didn't do that or you can't recall?
24
25
A.
No, why would I do that?
If somebody's
on the phone, I leave.
161
1
Q.
You're the plant manager, right?
2
A.
That doesn't mean I use that as a
3
control.
4
back unless the building is on fire.
5
6
7
8
9
10
If somebody is on the phone, I can come
Q.
What was Justin's Belding's issue with
Gayle?
MR. SHANK:Objection, form,
foundation.
THE WITNESS:I already stated I
don't recall.
11
BY MR. RIEK:
12
Q.
Did you ever caution or warn Gayle about
13
completing assignments without clearing them with
14
you first?
15
A.
Not that I recall.
16
Q.
Any of the individuals I asked you about
17
a couple minutes ago complain to you about Gayle's
18
performance, did any of them forward any emails to
19
you about their concerns?
20
A.
21
possession of.
22
Q.
23
Not that I recall, nor would I have
I'm not saying you might have possession
of now.
24
A.
It's possible; not that I recall.
25
Q.
Could you look at Exhibit 21, please?
162
1
A.
Okay.
2
Q.
You were asked about that by Rob, and
3
you indicated, if I understand your testimony, you
4
did not like the fact that Gayle did not give you a
5
specific date that she would have these training
6
materials reviewed.
7
testimony?
Am I understanding your prior
8
A.
No.
9
Q.
What was your problem with Gayle's
10
11
12
response at the top of the page?
MR. SHANK:Objection, asked and
answered.
13
14
THE WITNESS:No problem.
Never
said I had a problem.
15
BY MR. RIEK:
16
Q.
At the top of this page you said you
17
will go through them in February or March; is that
18
correct?
19
A.
That's what it says.
20
Q.
Did you believe that's when it would get
22
A.
I don't recall having that thought.
23
Q.
Do you know if she did review these
21
24
25
done?
training materials before her transfer?
A.
I wouldn't know that.
163
1
2
3
MR. RIEK:I have no more
questions.
MR. SHANK:I have no further
4
questions.
Mr. Dolan, I know you're in the middle
5
of this or here by subpoena, I'll state this on the
6
record.
7
transcript.
We are going to order a copy of the
Because you're the witness who was
8
deposed, you have the right to review the transcript
9
when it's ordered and to make any changes that you
10
want to make or you can waive that right.
11
should tell the court reporter whether you want to
12
reserve that right or whether you want to waive that
13
right after the transcript is prepared.
14
THE WITNESS:Understood.
15
MR. SHANK:
You
If you want to tell
16
her now, you can, or if you want to tell her later,
17
that's up to you.
18
THE WITNESS:
19
attorney to do it.
20
I want my
MR. RIEK:
You have to read the
21
transcript, not your attorney.
22
your attorney if you like.
23
24
25
THE WITNESS:
You can do it with
I'll do it with my
attorney to make sure I'm covered.
(Thereupon, the James L. Dolan
164
1
deposition was concluded at 3:02 p.m.)
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
- - -
165
1
2
3
I, JAMES LEROY DOLAN III, do verify that I have
4
read the foregoing transcript consisting of 166
5
pages and have had the opportunity to make
6
corrections/changes; and that the foregoing is a
7
true and correct transcript of my testimony given
8
December 17, 2021.
9
10
Corrections/Changes Made ____
11
12
No Corrections/Changes Made ____
13
14
15
________________________________
JAMES LEROY DOLAN III
16
17
Sworn to before me, _______________________,
Notary Public
18
19
this ____ day of _____________________, _______.
20
21
________________________
Notary Public
22
23
My commission expires __________________________.
24
25
- - ccm
166
1
C
E
R
T
I
F
I
C
A
T
E
2
STATE OF OHIO,
3
SUMMIT COUNTY.
)
)
)
SS:
4
5
6
7
8
9
10
11
12
13
14
15
I, Carina C, Meszaros, a Registered Merit
Reporter and Notary Public within and for the State
of Ohio, duly commissioned and qualified, do hereby
certify that the within named witness, JAMES LEROY
DOLAN III, was by me first duly sworn to testify the
truth, the whole truth and nothing but the truth in
the cause aforesaid; that the testimony then given
by him was by me reduced to Stenotypy in the
presence of said witness, afterwards prepared and
produced by means of Computer-Aided Transcription
and that the foregoing is a true and correct
transcription of the testimony so given by him as
aforesaid.
I do further certify that this deposition was
taken at the time and place in the foregoing caption
specified, and was completed without adjournment.
I do further certify that I am not a relative,
employee of or attorney for any party or counsel, or
otherwise financially interested in this action.
I do further certify that the witness did not
waive signature.
I do further certify that I am not, nor is the
court reporting firm with which I am affiliated,
16
17
under a contract or defined in Civil Rule 28(D).
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my seal of office at Akron, Ohio, on
this 25th day of January, 2022.
18
19
20
21
22
23
24
25
_________________________________
Carina C. Meszaros, Notary Public
in and for the State of Ohio
My commission expires March 20, 2024.
- - -