Wash. Court of Appeals published opinion — 723421.pdf

Citation: Wash. Court of Appeals published opinion — 723421.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/723421.pdf ↗

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14 Shenk was unequivocal that he would have terminated Lodis.
Q: If Mr. Lodis had still been employed by Corbis in October of 2008 at the time
that you discovered these events, what would you have done?
A. I would have fired him.
15 Lodis makes three assertions in support of his contention to the contrary, none of
which are supported by the record.
First, he asserts that "Corbis's own witness, Vivian Farris, the senior vice president of
human resources (and Mr. Lodis's replacement) testified on direct that it was not "a terminable
offense" to fail to record vacation time, even though it was a violation of company policy." Br. of
Appellant at 47. However, the report of proceedings to which Lodis cites in support of this
assertion, if it exists, was not designated on appeal. Thus, we do not further address this
assertion. See Rhinevault v. Rhinevault. 91 Wn. App. 688, 692, 959 P.2d 687 (1998) ("[T]he
appellant bears the burden of complying with the Rules of Appellate Procedure [ ] and perfecting
his record on appeal so the reviewing court has before itall the evidence relevant to deciding the
issues before it. The court may decline to reach the merits of an issue if this burden is not met."
(citation omitted)).
Second, Lodis asserts that "[t]he evidence showed that Corbis knew . . . that others in
similar positions did the same thing." Br of Appellant at 47-48. In supportof this assertion, Lodis
cites to the trial court's letter ruling denying Lodis's pretrial CR 50 motion for judgment as a matter
of law on Corbis's defense. However, Lodis offers no support for the proposition that, at trial, he
presented any evidencethat people in positions similar to Lodis engaged in comparable
misconduct.
Finally, Lodis asserts that "[t]he evidenceshowed that Corbis knew .. . that