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American Legion Post 12 v. Susa11/30/2005
much money the Legion was paying her. (Tr. 1 at 180.) Ms. Potter explained that Mr. Kettelle told her not to worry about it and, ultimately, was able to convince her to stay. Id. She testified that she attempted to quit for a second time, for similar reasons, in August or September of 1999. (Tr. 1 at 181.) Again, Mr. Kettelle encouraged her to stay and told her to "just hang in there" and that he would have to "talk with so and so." Id. Ms. Potter testified further that Mr. Kettelle told her she was "doing a good job." (Tr. 1 at 179.)
On a number of occasions during her employment with the Legion, Ms. Potter had to take time off from work for health related reasons. In 1986, she was out of work for about six weeks due to the birth of her son. (Tr. 1 at 187.) Two years later, in 1988, she underwent back surgery and was out for three to four months. (Tr. 1 at 188.) In 1994, Ms. Potter had a second back surgery and was unable to work for another three to four months. (Tr. 1 at 189.) She had a heart attack in February of 1998 which, although she was able to perform some scheduling and payroll duties from home about a week later, kept her from returning to the Legion for nearly a month. Id. That same year, Ms. Potter had to take a week off because she underwent surgery for skin cancer. (Tr. 1 at 190.) Ms. Potter testified that she was never asked to provide, nor did she provide, any documentation to the Legion, regarding any of the various illnesses mentioned above, in order to be excused from work. (Tr. 1 at 187-90.) In addition, she noted that she was not paid for any of the periods of time for which she was absent. Id.
Two days after both Carol Cote and Carol Pacheco were fired, on December 3, 1999, Ms. Potter learned that she had bursitis in her right shoulder. (Tr. 1 at 191.) As a result, she was advised by her doctor to stay out of work for a couple of months and attend physical therapy. (Tr. 1 at 192.) Ms. Potter wrote a letter to the Legion in which she informed them of her medical condition and apologized for having to leave work during the busy Christmas season. (Tr. 1 at 193.) She also attached a doctor's note to the letter which plainly stated "unable to work." Id.
Subsequently, a couple of weeks after she sent the letter, Ms. Potter had a phone conversation with Mr. Kettelle in which they discussed her absence from work. (Tr. 1 at 195.) She testified that Mr. Kettelle never mentioned anything about when she would be able to return to work or when she was scheduled to work. Id. Ms. Potter stated that, following that conversation, she was contacted by counsel for Ms. Cote and Ms. Pacheco regarding her willingness to give a statement about harassment the two women were allegedly subjected to while employed at the Legion. (Tr. 1 at 197.) Ms. Potter agreed to give a statement because she felt "what happened to them wasn't right." Id. In addition, she retained their counsel for her own representation. Id.
Shortly thereafter, counsel mailed a letter to the Legion's Board of Governors notifying them of Ms. Potter's involvement in Ms. Cote and Ms. Pacheco's respective cases. (Tr. 1 at 200-01.) Attached to the letter was Ms. Potter's affidavit describing numerous incidents of harassment. (Tr. 1 at 201.) The letter was sent by certified mail and was received by the Legion on December 22, 1999. (Tr. 1 at 202.) Following the Legion's receipt of the letter, Ms. Potter had a second phone conversation with Mr. Kettelle. (Tr. 1 at 207.) Ms. Potter testified that although she had no communication with Mr. Kettelle between their first phone conversation and the second, he indicated that she failed to show up for her scheduled shift the previous Saturday. Id. During their conversatio
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