Another Small Victory!

Here is the latest development regarding the WAO's attempt to deny a former WAO employee's unemployment benefits:

VIA E-MAIL:

TO: james.anthony@oag.state.tx.us

CC: christopher.krhovjak@oag.state.tx.us

Please accept this letter as an addendum to the original complaint letter previously submitted to your Office. The information contained herein pertains to my original complaint regarding alleged Animal Welfare Act violations and misappropriation of funds perpetrated by the non-profit 501 (c) (3) tax exempt organization’s owners/operators of the Animal Sanctuary of the United States, d/b/a Wild Animal Orphanage (WAO); f/k/a the Primate Sanctuary of the U.S. (PSUS), f/k/a the National Sanctuary for Retired Research Primates (NSRRP), f/k/a The San Antonio Wildlife Emergency Centre, f/k/a Primate Sanctuary of America (PSA); f/k/a Chimp Aid; f/k/a Cat Haven; and f/k/a Feral Cat Rehabilitation Center and Whisker’s and Wag’s Humane Society.

On July 19, 2010, I testified on behalf of Ms. Marsha xxxxx regarding the continuation of her unemployment benefits. I joined the telephone hearing towards the end of conversations. Ms. Cryer, Ms. Garcia, and Ms. xxxxx were already on the line with the hearing officer at the time I joined the hearing.

When I joined the conversation, I was not aware that Ms. Cryer had changed her story regarding the circumstances of Ms. xxxxx’s departure from the Wild Animal Orphanage.

Originally, the WAO indicated Ms. xxxxx failed to work for the week of April 26, 2010 – April 30, 2010. The WAO claimed she was a no-show, no-call and therefore voluntarily resigned from the WAO. When asked by the hearing officer if the WAO had a no-call, no show policy, Ms. Cryer said “no.” When the hearing officer asked Ms. Garcia if she was aware of a no-call, no show policy on file, Ms. Garcia said “yes.” According to the WAO’s employee handbook: “Any unauthorized leave that continues for three consecutive work days will be considered an automatic resignation. When that occurs, the office shall send written notice of automatic resignation to the last known address of the employee on file.”

On July 19, 2010, Ms. Cryer claimed Ms. xxxxx did not work on April 29 – 30, 2010, and therefore voluntarily left her place of employment. Apparently, the WAO “found” her timecard for the work period of April 26 – 28, but was unable to find Ms. xxxxx’ timecard for April 29th, and she could not find a signed and approved leave form for Ms. xxxxx for the date of April 30, 2010. At one point, Ms. Cryer admitted there was a timecard for Thursday, but there was only a sign-in time, and no sign-out listed on the card. When the hearing officer asked if Ms. xxxxx had any questions for Ms. Cryer, Ms. xxxxx asked her to clarify the Thursday timecard. Ms. Cryer claimed there was no timecard for Thursday, April 29, 2010, and that Ms. xxxxx failed to clock out on Wednesday, April 28, 2010.

The pay period runs Wednesday – Wednesday and Ms. Myers apparently wrote out a pay check for Ms. xxxxx covering the entire work period. This could not have been done without an end time on Wednesday, April 28, 2010 timecard. Ms. xxxxx collected her paycheck from the WAO on Saturday, May 1, 2010 before Jamie Cryer escorted her out of the building. Ms. xxxxx cashed her paycheck, later to learn from the check cashing agency that Ms. Cryer reported her paycheck “stolen” on May 12, 2010 and demanded a stop payment (see attached police report). This resulted in Ms. xxxxx having to make payment arrangements to return the funds to the check cashing agency. Thus far, Ms. xxxxx apparently has not received her final paycheck for the period of April 21 – 28, 2010 and for the short periods of May 1, 2010 and May 3, 2010. This is in violation of the Texas Payday Law.

On July 22, 2010, Ms. xxxxx received the TWC Appeal Tribunal Decision dated July 20, 2010. The hearing officer found in favor of Ms. xxxxx and her benefits were reinstated (see attached).

It is my understanding, the next TWC Telephone Hearing will be held on August 6, 2010 in reference to Ms. Garcia’s unemployment benefits. Like Ms. xxxxx, the Cryers elected to appeal Ms. Garcia’s unemployment benefits. Ms. Garcia was also denied her final paycheck as it too was reported as “stolen.”

I also have an unconfirmed report that Ms. Carol Asvestas’ lawsuit against the WAO begins on August 8, 2010.