Free Statement - District Court of Arizona - Arizona

EXHIBIT B
Case 2:03-cv-O1369—IVIHI\/I Document 112-3 Filed O9/26/2005 Page1 of 4

1 Elizabeth A. Petersen (#018377)
Robert G. Vaught (#020717)
2 SNELL & WILMER L.L.P.
One Arizona Center
3 400 E. Van Buren
Phoenix, AZ 85004-2202
4 Telephone: (602) 382-6378
lpeterson@swlaw. com
5 [email protected]
Attorneys for Defendant DriveTime
6
7
IN THE UNITED STATES DISTRICT COURT
8 »- __ FOR THE DISTRICT OF ARIZONA
9
10 _
Debra Jrlka, No. CV-03-1369-PHX-MHM
5 11
Lj Piamnrr,
_§ | $§ 12 AFFIDAVIT OF BRANDIE
g v. ANSLOW
aeigg 13
¤Z ”` g DriveTime Automotive Group aka Ugly Duckling
%* { S2.? 14 Corporation,
s:
U) Em 15 Defendant.
O
16
STATE OF ARIZONA
17 ‘ ss.
County of Maricopa
18 . .
Brandre Anslow, being first duly swom, upon oath, deposes and says:
19 . . .
1. I am employed by Defendant Dr1veT1me. I am the Director of Human
20 . . . . .
Resources. I have reviewed the pertinent employee files in this matter kept 1n the normal
21 . . . . . .
course and scope of business at Dr1veT1me, and base my knowledge in this affidavit upon
22 . . .
those records, as well as my personal knowledge regardmg staffing and policies and
23 . .
procedures at Dr1veT1me.
24 . . ....
2. On September 24, 2001, DrrveT1me hired Debra Jrlka as Regional Mediator
25 . .
m the Customer Relations Department.
26
ase 2:O3—cv-O1369—IVIHI\/I Document 112-3 Filed O9/26/2005 Page 2 of 4

1 3. On March 20, 2003, Eileen Hickey and I received an e-mail from Ms. Jilka
2 regarding comments allegedly made by Ms. Jilka’s supervisor, Ms. Leatherman, during a
3 performance review. (See E—mail dated March 20, 2003, attached as Exhibit M to
` 4 DriveTime’s Statement of Facts ("SOF")).
5 4. After receipt of this e-mail, I reviewed Ms. Jilka’s employee file.
6 5. Ms. Anslow then consulted with Ms. Leatherman regarding Ms. Jilka's
7 numerous performance issues, and Ms. Jill 8 customers, co-workers and her supervisor.
9 6. On March 21, 2003, Ms. Leatherman and I elected to terminate Ms. Jilka for
10 poor performance. Ms. Jilka's absences from work were not a factor in her termination,
H 11 and neither Ms. Leatherman nor I raised her age or attendance in discussing or deciding to
cg ' {Ego 12 terminate Ms. Jilka. Ms. Jilka was terminated solely for poor performance. (See
13 termination paperwork, attached as Exhibit N to SOF.)
% I 14 7. Under the DriveTime Paid Time Off policy, Ms. Jilka was entitled to five
UF 15 hours off for each pay period.
16 8. By March 19, 2003, Ms. Jilka was entitled to only 25 hours off
17 9. In addition, if Ms. Jilka had sought and obtained prior approval from
18 management for vacation or personal reasons, she could have borrowed up to an
19 additional 40 hours.
20 10. Thus, even if Ms. Jilka had properly sought and obtained pre-approval from
21 management (which she did not), her total available Paid Time Off hours were 65, or
22 eight days and one hour.
23 11. At the time of her write up for attendance issues, Ms. Jilka had been absent
24 nine days not covered by FMLA, tardy twice and had left early once. As such, her
25 supervisor Ruth Leatherman properly wrote Ms. Jilka up for violating the DriveTime
26 attendance/PTO policy.
ase 2:O3—cv-O1369—IVIHI\/I Document 112-% Filed O9/26/2005 Page 3 of 4

1 12. Ms. Jill 2 13. Once this was brought to DriveTime’s attention, the FMLA days were
3 immediately removed Hom the write up.
4 14. Because Ms. Jilka had exceeded her allocated PTO time notwithstanding the
5 FMLA days, she would have been written up anyway.
6 m&2J
7 Br Ans ow
8 _ ,6,4 .
SUBSCRIBED AND SWORN to before me tl11S¤§__ day gémé;/` , 2005.
9 _ 3 -
E 11 Notary Pu 1C
5 My Commission Expires:
-..4 gggg `-' U KFFICIAL SEAL
B ‘;i§§g§ 13 £:é Q, [Z .‘ZQ@X f NOTARiMPijgnlfl'%2l§/l_Ih—IZONA§
Kg —’?_;m _ ¤ ·¤> MARICOPA coumv [
Z. 59,;; 14 __A\ _ re Feb. 12, 2008 5
E gg 26785.0149\VAUGHTR\PHX\l728520.l P i` V. -\-Aix,
°’° 15 1 j
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19 _ _
21 .
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24
25
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Case 2:O3—cv-O1369—IVIHI\/I Document 112;3` Filed O9/26/2005 Page 4 of 4

Case 2:03-cv-01369-MHM

Document 112-3

Filed 09/26/2005

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Case 2:03-cv-01369-MHM

Document 112-3

Filed 09/26/2005

Page 2 of 4

Case 2:03-cv-01369-MHM

Document 112-3

Filed 09/26/2005

Page 3 of 4

Case 2:03-cv-01369-MHM

Document 112-3

Filed 09/26/2005

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