On September 2, 2022, Rico began working temporarily as an administrative assistant for a professional basketball...
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On September 2, 2022, Rico began working temporarily as an administrative assistant for a professional basketball team, the Pistols. Within a couple of months, Rico began working full-time under a written employment agreement, which could be terminated by either party giving thirty days written notice. Rico worked primarily for NormaJean, the president and controlling shareholder of the Pistols. Rico contends that NormaJean began making comments about her gender identity towards her several weeks after she began to work at the Pistols. Rico contends that Normalean began commenting on her clothing, tattoos, piercings and hairstyle, often suggesting that she adopt a more "professional appearance" in the workplace. Rico contends that despite informing NormaJean that his conduct made her uncomfortable, he continued to make comments about her. Rico complained to two co-workers about NormaJean, and after consulting her pastor, she began recording NormaJean's conduct in a journal and responding to NormaJean's comments more forcefully. Norma Jean admitted that he often commented on Rico's dress, but contends that Rico "mischaracterizes" the contact. In December 2022, Normalean fired Rico in a face-to-face meeting attended by RE Lenix, Rico's supervisor. At the meeting, NormaJean handed Rico a termination memorandum that stated Rico's termination resulted from substandard job performance. Believing that the statements in the memorandum were false and that NormaJean actually terminated her merely for refusing to acquiesce to his comments about her appearance, Rico refused to sign the memorandum. Rico also contends that during the meeting, Normalean made slanderous remarks about her. Lenix testified at a deposition that Rico's work was "unsatisfactory in all respects." Rico's termination, however, came only seven days after she had received a $5,000 performance-based bonus. Rico had also completed a ninety day probationary period, received several pay raises and another performance-based bonus during that time. Evaluate Rico's claims that NormaJean's conduct violated the implied obligation of good faith and fair dealing. On September 2, 2022, Rico began working temporarily as an administrative assistant for a professional basketball team, the Pistols. Within a couple of months, Rico began working full-time under a written employment agreement, which could be terminated by either party giving thirty days written notice. Rico worked primarily for NormaJean, the president and controlling shareholder of the Pistols. Rico contends that NormaJean began making comments about her gender identity towards her several weeks after she began to work at the Pistols. Rico contends that Normalean began commenting on her clothing, tattoos, piercings and hairstyle, often suggesting that she adopt a more "professional appearance" in the workplace. Rico contends that despite informing NormaJean that his conduct made her uncomfortable, he continued to make comments about her. Rico complained to two co-workers about NormaJean, and after consulting her pastor, she began recording NormaJean's conduct in a journal and responding to NormaJean's comments more forcefully. Norma Jean admitted that he often commented on Rico's dress, but contends that Rico "mischaracterizes" the contact. In December 2022, Normalean fired Rico in a face-to-face meeting attended by RE Lenix, Rico's supervisor. At the meeting, NormaJean handed Rico a termination memorandum that stated Rico's termination resulted from substandard job performance. Believing that the statements in the memorandum were false and that NormaJean actually terminated her merely for refusing to acquiesce to his comments about her appearance, Rico refused to sign the memorandum. Rico also contends that during the meeting, Normalean made slanderous remarks about her. Lenix testified at a deposition that Rico's work was "unsatisfactory in all respects." Rico's termination, however, came only seven days after she had received a $5,000 performance-based bonus. Rico had also completed a ninety day probationary period, received several pay raises and another performance-based bonus during that time. Evaluate Rico's claims that NormaJean's conduct violated the implied obligation of good faith and fair dealing.
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