We interviewed the insured, Ms. Ugarte and two additional witnesses identified as HR Mgr. Ms. Brandis Medina and Line Cook, Mr. Roque Lara, who were found working on the claimants, alleged DOI: 3/15/15, including when the claimant voluntarily quit his job on his LDW: Sunday, 8/2/2015.
The claimant was hired on 9/4/2006 and worked as a waiter until 2008 when he left work for one year before Ms. Ugarte rehired him on 6/12/2009. Ms. Ugarte …show more content…
The witnesses recalled the claimant had worked on 3/1/2015 as a food server and hosted by seating customers at their tables. The claimant was not witnessed lifting any boxes in the back room or in the kitchen area that were heavier than 70 lbs.
The witnesses had not witnessed the claimant ever being affected by any belittling or bullying by Ms. Ugarte. Witnesses Lara and Brandis considered Ms. Ugarte being constructively fair with all employees as they never bear witness to any belittling or bullying of the claimant by Ms. Ugarte.
Ms. Brandis recalled only one incident when Ms. Ugarte constructively reprimanded the claimant when the claimant refused to adhere to her instructions in seating large and small parties of customers at certain dinner tables. Ms. Brandis was not sure if the incident occurred on the claimant’s last day of work when they were shocked to learn that the claimant quit for no apparent reason. Ms. Ugarte claimed the claimant abandoned his job while Mr. Lara overheard the claimant say on his last day of work, “I am tired. Too much pressure and handed over his keys.” He does not recall who was working at the time when the claimant quit since it occurred some time