Chick-fil-A is releasing an employee's "disciplinary documents," after the company demoted her following surgery for breast cancer.
However, employment law attorneys call the documents "suspect."
Daphne Richards, a single mother hired as a manager at the Larkridge Chick-fil-A in Thornton, Colo. said she thought the company's family-friendly values and healthcare coverage were a perfect fit.
"I was blindsided," said Richards in an interview with KNXV sister station 7NEWS last week.
Just after coming back from leave for a double mastectomy, Richards was told she was being demoted, her pay and hours slashed and her insurance canceled.
Chick-fil-A's attorney, Frederick Schaefer, was quick to defend the action, stating that the decision to "offer" Richards reduced hours was because the store owner, Barrie Goettsche, "was concerned about the effect of a full-time workload after traumatic surgery."
However, Schaefer said that the demotion was because of Richards' performance prior to her leave.
"Daphne had been written up a number of times, at least two times prior to the medical leave," said Schaefer.
Richards said that she has never been written up and has a letter from Goettsche praising her performance in April.
When asked for proof, Schaefer sent what he called Richards' "confidential" disciplinary documents.
"I'm not even sure these are write-ups," said Whitney Traylor, an employment law attorney and professor at Metropolitan State University of Denver. "It just doesn't pass the smell test."
There is no indication that Richards ever saw the write-ups because they are not signed by her or any witnesses.
The documents criticize Daphne's attitude and decision-making skills, but also list issues such as not trimming her nails, clocking in early, and wearing a low-cut sundress to a meeting.
Strangely, in the handwritten employee notes, the incidents are not written in chronological order, with the complaint that happened June 25 written first, followed by the complaint on June 23.
"Again, this would suggest that after the fact, for whatever reason, these documents were created," said Traylor.
Most telling, though, is that the owner of the store wrote that Daphne "has been distracted with doctor's appointments and has needed to take time off frequently."
"That was concerning to me," said Traylor. "That definitely suggests that their motivation was in part or possibly solely because of her medical condition."
When asked about the company's policy for allowing employees to see and sign write-ups, Shaefer stated, "It certainly is the standard now to have employees sign the write-ups and performance reviews. At the time, the standard was to have at least one management-level employee witness the presentation to the person receiving the write-up or performance review."
Richards said that when she wrote up employees, it was standard policy to have them see and sign the documentation.
It's not the first time Chick-fil-A has been accused of employment discrimination. 7NEWS found at least a dozen discrimination suits filed against the company in the last five years.
Just this summer, a pregnant job applicant won a $10,000 settlement after Chick-fil-A didn't hire her, telling her to "call back after she had the baby and had child care in place," according to the Equal Opportunity Employment Commission.
Richards has filed a discrimination charge with the Colorado Civil Rights Commission and plans to keep fighting.
Richards said she still needs reconstructive surgery and is devastated that she may not be able to afford it.
A Chick-fil-A corporate spokeswoman stated that Richards is an employee of an independent franchise owner and not a corporate employee.
