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Case 1:09-cv-06338

Document 1

Filed 10/09/2009

Page 3 of 11

provided with his own rental car versus sharing the car rented by the rest of the flght crew.

10. On virtually all occasions, Gooch's demands concerning his duties and otherwise

were acceded to by Pansing or GehrIs. Notwithstanding these accommodations, Gooch's

complaints about and resistance to his duties persisted, thereby perpetuating and exacerbating the

logistical and morale issues for the Jet's flght crew that he had created.

11. Winfrey and Haro were made aware of

the ongoing problems created by Gooch's

insubordinate attitude and demands, which were reported to Elizabeth Moore, the intermediary

through whom Winfrey insisted Pansing report any problems. Winfrey allowed Gooch, however,

to report to her directly when it came to complaints about Mr. Pansing and Ms. GehrIs.

12. Winfrey ignored Gooch's misconduct, which would not have been tolerated of

any other Jet employee. Indeed, Haro's employee handbook is clear. Its "Attendance and

Tardiness" Policy provides:

"We hired you because we need you to be at work when scheduled. We depend on you to report to work regularly and on time each day, and to remain on the job during working time. When someone is absent, late for work, or leaves early, someone else must fill in and do extra work."

Harpo's "General Rules" likewise provide:

"the following examples of offenses which wil result in disciplinary action under our progressive discipline procedure. In certain situations, depending on the severity and/or frequency of the offense, the first offense wil result in immediate discharge."

"Failing to follow prescribed work rules or policies."

"Uncooperative attitude."

"Unauthorized absence from work."

"Failure to work assigned...overtime work."


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