Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 339-33

Filed 01/31/2006

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CAMILLE MELONAKIS-KURZ,

indi viduaiiy and on behalf of
òther similarly s i tua ted employees,

Plaintiff,
CIVIL ACTION FILE

vs.
NO. 03-CV-2485 HEARTLAND HOME FINANCE, INC.,

Defendant.

(CQ)rP1f
January 3, 2006
1:01 p.m.

VIDEOTAPED DEPOSITION OF
JACQUELINE PUSEY-WORRELL

Tiffany Alley & Associates

400 Perimeter Center Terrace, Suite 900

. Atlanta, Georgia

Jennifer A. Davis, RPR, CCR-2496

Case 1:03-cv-02485-MSK-PAC

Document 339-33

Filed 01/31/2006

Page 2 of 5

Jacqueline Pusey- Worrell 1/312006 Camille Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.

34

1 had wi th Rodney Drew, the regional manager, Mr. Drew

2 never said, Jackie -- or to the other managers -3 it's -- it i s okay if you let the employees work over

4 40 hours as long as you don i t tell us or -5
6

A.
Q.

No.
-- do it on the side?

7
8

A.

No.
MS.

FI SHER:

Obj ection. Leading and as ked

9

and answered.
MR.

10 11

MATTHEWS:

This iS cross-examination, by

the way.
MS.
MR.

FISHER:
MATTHEWS:

14 can -- I can ask leading questions.
15
MS. FISHER:

I'll just -- I'll make my

16 objection.
17

MR. MATTHEWS: Okay.

18 BY MR. MATTHEWS:
19
Q.

You mentioned you had set hours for your

20 branch office. Correct?
21
22
A.
Q.

Yes.

And it was your respons ibili ty to determine

23 what those set hours would be?
24
A.

As long as they stayed wi thin the guidelines

25 of the company, yes.

Paradigm Reporting & Captioning Inc. 612-339-0545

Case 1:03-cv-02485-MSK-PAC

Document 339-33

Filed 01/31/2006

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Jacqueline Pusey- Worrell 1/312006 Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.

35
1

Q.

And the guidelines of the company would be

2 wha t?
3
4

A.
Q.

Forty hours a week.

So you would determine when you thought it

5 would be best to be open from a business standpoint?
6 7

A.

Yes.

Based on where we were going to be

calling that specific day.

And there are times such

8 as Wednesday nights you don i t really want to be

9 calling Atlanta because, you know, a lot of people go
10
out to church.

So your -- loan officers basically

11 don't want to be spinning their wheels not contacting
12

anyone.

So Wednesday night would be considered a late

13 night where the loan officers would come in at 11 and 14 leave at 8 where we could call California, for
15 instance, which has a later time, you know -- time and
16 we can reach more people.
17
Q.
I see.

Did the loan officers in the office

18 all follow the same schedule, or were they on

19 different schedules?
20
A.
Q.

No.

They followed the same schedule.

21

And I as sume you also worked the schedule

22 you set or did you work in -- hours in addi tion to
23 your set schedule as a manager?
24
A.
Q.

I would work in addi tion to my set schedule.

25

What time would you usually come into the

Paradigm Reporting & Captioning Inc. 612-339-0545

Case 1:03-cv-02485-MSK-PAC

Document 339-33

Filed 01/31/2006

Page 4 of 5

Jacqueline Pusey-Worrell 1/3/2006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
57

1 home?
2
3
4

A.
Q.

We didn i t pay anyone to work at home.
Did you instruct anyone to work at home?

A.
Q.

No.
Did you requi re anyone to wor kat home?

5
6 7

A.
Q.

No.
Were you aware if anybody was consistently

8 working at home in the evenings?
9

A.

No. And it depends -- when you say work at

10 home, it depends on what you're talking about, because
11 you cannot call cus tomers from home because you

12 weren't allowed to take the customer information out
13
of the office.

So in order to call customers from

14 home, you'd have to have their leads, and you were
15 not -- if you took the leads out of the office and I

16 knew about it, it was cause for termination, because

17 it was a privacy -- privacy attached to that.
18
Q.

So telephone calls to customers or customer

19 leads -- those had to be done -20
21 22
A.
Q.

In the office.
at the Heartland office?

A.
Q.

Yes.
So the loan brokers couldn't take or place

23

24 calls to customers at home?
25
A.

They could.

They just shouldn't and weren't

Paradigm Reporting & Captioning Inc. 612-339-0545

Case 1:03-cv-02485-MSK-PAC

Document 339-33

Filed 01/31/2006

Page 5 of 5

Jacqueline Pusey- Worrell 1/3/2006 Camille Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.

58

1 allowed to.
2

Q.

Okay.

So that would be a violation of

3 company policy if they -4

A.
Q. A.

Yes.
-- did that?

5
6
7

Um-hum.

(Affirmative)

Now, I don i t know if

it was company policy.

I just know it was my policy.

8 I didn i t practice that.
9

Q.

But that was your policy?

10

A.

That was basically my policy ls that, you

11 know, you have client information, pertinent
12

information, social securi ty numbers, so forth.

You

13 weren't allowed to take that out of the office.
14
Q.

And would it have been grounds for

15 termination if one of your loan broke -- or loan 16 officers violated a policy that you had set?
17

A.
Q.

I would say yes.

18

In the Atlanta office did Heartland broker

19 loans?
20
21
A.
Q.

Yes.
And at whose -- go ahead.

You wanted to

22 clarify or say something about -23
A.

Ini tially they did, and at the time that the

24 office was closed they were in the process of
25 actually -- say, probably two months prior to that --

Paradigm Reporting & Captioning Inc.

612-339-0545