Wash. Court of Appeals published opinion — 796925.pdf

Citation: Wash. Court of Appeals published opinion — 796925.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/796925.pdf ↗

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headaches, nausea, sensitivity to light and sound, and issues with her memory.

In April 2015, Pope was employed as a home health aide for AHS, a company

that provides in-home healthcare to its clients.1 Pope was certified by the

Department of Health and Human Services for her job and provided in-home

healthcare to AHS clients, helping them with food preparation, laundry, cleaning,

toileting, grocery shopping, and sometimes with transportation to medical

appointments.

AHS utilized a telephone clock in system to keep track of employee hours

and shifts.2 This system required employees to call from a client’s telephone to

clock in at the beginning of a shift and to call again to clock out at the end of the

shift. Pope had difficulty remembering to call to clock in and out, and received a

disciplinary notice from AHS regarding the issue in May 2015. In response, Pope

informed AHS of her then-recent brain surgery and provided a note from her

1 AHS was founded by Gideon Oyeleke in 2000, and by 2015 employed approximately 50

to 60 home health aides.
2 AHS implemented the telephone clock in system in 2012. Before 2012, AHS utilized a

paper time sheet system to keep track of employee hours.

2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/3

doctor describing the symptoms she continued to suffer as aftereffects of the

surgery, including her memory problems. Pope also informed AHS that she

believed there was a discrepancy between the hours that she had worked and

the pay that she had received. AHS blamed the discrepancy on Pope’s failure to

properly clock in and out using the telephone system. During this time, Pope

also submitted paper time sheets recording the hours she worked.