Wash. Court of Appeals published opinion — D2 43703-1-II Published Opinion.pdf

77. Employee Margaret Buechel stated, " It was obvious from the way that Ben [ Martinez] was

acting towards Joseph [ Alonso] that he knew that Joseph had complained." CP at 145. At that

same safety meeting, Martinez assigned the crew new schedules. To Alonso' s dissatisfaction,

Martinez changed Alonso' s hours so that, rather than starting work at 5: 00 a.m., he would begin

at 6: 00 a. m. Following the meeting, Martinez e- mailed the staff that they could no longer report

to work early to earn overtime; but, according to Alonso, Martinez continued to allow Zuniga to

begin working at 5: 00 a.m., one hour before his shift began.

Alonso followed his April hotline call with several other hotline calls- in May 2010.

During these May calls, Alonso claimed that ( 1) Martinez retaliated against him for reporting

Martinez in April; (2) Martinez had told other employees that Alonso had complained about their

behavior to the hotline and, consequently, coworkers vandalized Alonso' s work station; ( 3) since

Alonso initially complained to the hotline, Martinez had reviewed his work with even greater

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Alonso also states that he claimed that he reported " prejudice" against him, but the partially
redacted hotline reports do not show a report of prejudice in the hotline calls. CP at 108.

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No. 43703 -1 - II

scrutiny. For example, on May 11, 2010, Alonso was in the middle of working a Fort Lewis job

when Martinez telephoned and asked Alonso to leave for a project at Good Samaritan Hospital

and " do whatever it takes" to finish it. Suppl. CP at 235. Alonso finished the hospital job; but

when Alonso told Martinez that he had worked 11 hours, Martinez told him to manipulate his