perm filename LINDA[1,VDS] blob
sn#160623 filedate 1975-05-19 generic text, type C, neo UTF8
COMMENT ā VALID 00004 PAGES
C REC PAGE DESCRIPTION
C00001 00001
C00002 00002 RECORD OF EMPLOYMENT OF LYNDA TAPPAN
C00004 00003 RECORD OF EMPLOYMENT OF LYNDA TAPPAN
C00006 00004 VICARM'S STATEMENT REGARDING THE LEAVING OF LYNDA TAPPAN
C00010 ENDMK
Cā;
RECORD OF EMPLOYMENT OF LYNDA TAPPAN
Lynda Tappan was hired by her ex-husband. Employment records
kept by Mike and Lynda Tappan show that she started formal, paid
employment with Vicarm on June 28, 1975. On July 26, 1975 Lynda was
involved in an automobile accident and took a medical leave of
absence. Employment records show that the last recorded day of work
was July 28, 1975. Lynda has claimed that she worked after that
date, but has not been paid. Our checkbook records show that on 4
dates after July 28, Lynda filled out checks to be signed. Our
contention is that Lynda did not actually formally work on these
dates because, as she claims, she was too ill to come to work. In
addition, Lynda Tappan kept her own record of hours worked, and
entered those hours into the books. Our books show no record of
this. Furthurmore, on all her claims for compensation- whether from
the insurance company related to the accident, of for disability
insurance, she has used the date July 28 as the date she left work.
In any event, if Lynda Tappan wished to make a claim for unpaid wages
she should do it with the proper authorities.
RECORD OF EMPLOYMENT OF LYNDA TAPPAN
Lynda Tappan was hired by her ex-husband. Employment records
kept by Mike and Lynda Tappan show that she started formal, paid
employment with Vicarm on June 28, 1975. On July 26, 1975 Lynda was
involved in an automobile accident and took a medical leave of
absence. Employment records show that the last recorded day of work
was July 28, 1975. Lynda has claimed that she worked after that
date, but has not been paid. Our checkbook records show that on 4
dates after July 28, Lynda filled out checks to be signed. Our
contention is that Lynda did not actually formally work on these
dates because, as she claims, she was too ill to come to work. In
addition, Lynda Tappan kept her own record of hours worked, and
entered those hours into the books. Our books show no record of
this. Furthurmore, on all her claims for compensation- whether from
the insurance company related to the accident, of for disability
insurance, she has used the date July 28 as the date she left work.
In any event, if Lynda Tappan wished to make a claim for unpaid wages
she should do it with the proper authorities.
VICARM'S STATEMENT REGARDING THE LEAVING OF LYNDA TAPPAN
The principal point in question is whether Lynda Tappan and
Vicarm acted reasonably in the matter of Lynda Tappan's leaving the
employment of Vicarm.
As has been stated, Lynda Tappan was last paid to work at
Vicarm on July 28, 1974. This was also the date of her automobile
accident. At that time it was both her understanding and the
understanding of Vicarm that she was taking a medical leave of
absence. The duration of this leave was indeterminate but it
extended at least until October 22 when Mike Tappan submitted a
written confirmation that "As of today, October 22, 1974, Lynda
Tappan has not yet returned to work." This leave of absence also
extended until December 1974 when Lynda mentioned to Mike Tappan her
intention to return to work. This leave of absence also lasted until
Jan. 13, 1975 when Lynda arrived at the Vicarm premises and without
asking permission she entered, as an employee may, past the reception
area into the private office and manufacturing area of Vicarm and
began removing materials.
Vicarm contends that Lynda always understood that she was on
leave of absence and that Vicarm confirmed her leave of absence
status from time to time. Vicarm contends that although Lynda's
leave of absence was granted for medical reasons initially, it did
not remain that way, because at some time before Jan. 13 Lynda was
obviously medically ready to return to work at Vicarm.
Vicarm claims that on Jan. 13, 1975 Lynda's appearance at
Vicarm with the intent to remove her personal property constituted
her quitting the employment of Vicarm. In addition, Vicarm claims
that Lynda Tappan removed her materials and stated her opinions by
her actions such that it was clear to Vicarm and to any reasonable
person observing the situation that Lynda Tappan had no intention or
desire to ever again work for Vicarm. Vicarm's statements that we do
not expect to hear from Lynda Tappan are a correct reflection of the
incident of Jan. 13, 1975. In addition to Lynda's actions being
prima facie evidence of her quitting her employment at Vicarm, her
methods were such that Vicarm was forced to state to her that she was
never to return to the Vicarm premises.
I certify under penalty of perjury that the foregoing is true
and correct.