If you reach the 24 point mark before the designated time, your employment
with Apple King, LLC will be terminated. It is very important to
understand that this will be the same for all Packing House employees.
Every 1st of May each employee will start with 0 points once again only if
they have managed not to reach the 24 point mark by the end of the last day
of April. We strongly encourage you to set up your appointments on your
day(s) off.
Clerk’s Papers (CP) at 233.
According to an Apple King representative, employees were verbally notified that
no points would be assessed against them for attending funerals or for emergencies such
as hospitalizations or car accidents. Apple King’s attendance policy did not reference the
federal or state medical leave acts. Nor did the policy explain how Apple King would
3
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 35262-5-III
Espindola v. Apple King
account for leave that is protected under state or federal law. According to testimony
from Apple King, the decision of whether to assess points for an employee absence is
determined solely by the company’s attendance policy.
In June or July 2011, Ms. Espindola discovered she was pregnant and reported her
condition to her supervisor. Ms. Espindola was then absent from work on July 20, 21,
and 22. She produced a doctor’s note dated July 21 stating she had been prescribed two
days’ bed rest. Pursuant to Apple King’s attendance policy, Ms. Espindola was assessed
two points for her absence on July 20 because she only provided same-day notice of a
medical appointment.
In August 2011, Ms. Espindola developed kidney stones. Ms. Espindola was
hospitalized from August 21 to 25, 2011, and submitted a doctor’s note stating she was