 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Hughes v. Home Savings of America2/13/2002
utierrez was also employed there. Mr. Kobin also discussed the candidates with Mr. Roberts, the supervisor in loss mitigation and an African-American man. The decision to promote Ms. Gutierrez was unanimous.
Mr. Kobin felt plaintiff was qualified for the position but Ms. Gutierrez was more qualified. Plaintiff had more experience in collections. But, based on her previous employment, Ms. Gutierrez had more experience in workout operations. Ms. Gutierrez had experience in skills directly transferable to loss mitigation-generating loans, evaluating borrowers for creditworthiness, financial position, and ability to repay. Ms. Gutierrez had worked in a loan servicing role and had processed workouts at Transamerica. Plaintiff did not have as much experience in those areas. Mr. Kobin explained: "Ms. Gutierrez was much more familiar with reading credit reports, reviewing financial statements, looking at the [loan] closing and funding process . . . , deeds of trust and notes, subordination agreements, land record title issues, some of the legal implications that go along with making the loans. Those areas were areas that [plaintiff] did not have as much experience ." In addition, according to Mr. Kobin, Ms. Gutierrez had a better resume and made a more favorable presentation in the interview than plaintiff.
Ms. Gutierrez testified as to her employment experience. She had experience with other institutions: originating residential home loans; helping customers decide what loan programs best suited them; collecting on existing loans; dealing with people having trouble making mortgage payments; presenting and discussing alternatives to foreclosure with borrowers; training and developing staff to ensure quality customer service in collections; processing payments; coordinating asset value issues; and performing drive-by appraisals, among other things. Ms. Gutierrez was originally hired by defendant as a part-time employee. She became a full-time employee on December 1, 1993. She was promoted into the loss mitigation department in February 1994.
With respect to her promotion into the loss mitigation department, Ms. Gutierrez stated it was a "drastic jump" from grade 14 to grade 43. Until she could promote to the grade 43 position, Ms. Gutierrez explained the duties as follows, " hey gave me the opportunity to conduct the same functions as a loan workout specialist and be trained in that department at a lower rate of pay, and after my performance and evaluation or observation in those months, then I could increase to the actual pay level of a loan workout specialist." Her performance had not been evaluated at the time she applied for the position in loss mitigation. In January 1994, Ms. Gutierrez was evaluated by Ms. Moran, then a supervisor, and Cynthia Griffin. Ms. Griffin had supervised Ms. Gutierrez prior to the promotion. Ms. Moran and Ms. Griffin told Ms. Gutierrez that in order to make the transition from collections to loss mitigation, it was mandatory that an evaluation be prepared.
Ms. Griffin testified Ms. Gutierrez's job functions had been payment plans, taking phone calls, handling research matters, and making recommendations for payment forbearance plans. Ms. Griffin testified concerning Ms. Gutierrez, "Her performance was outstanding and she was a very good employee." Ms. Griffin described Ms. Gutierrez to Mr. Kobin in the following fashion, " he was an outstanding employee, that she . . . possessed very good customer service skills, she was very detailed in her work, very accurate in her documentation and very good at follow-up." As to Mr. Prescott, the other applicant for the loan workout position along with Ms. Gutierrez and plaintiff, Ms. Griffin told Mr. Kobin: "I
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 California Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|