I think reinstatement is a good result if there's an opening for her.  My sense is that Ben, after his investigation, thinks there are gaps, including credibility gaps, in our defense.  Did he tell you that, despite what he had been told initially, he thinks that Davis was replaced with a pretty little giggly thing? Suggest we see if she'll agree to a probationary period of 90 days on the front end--not a PIP, just a probationary period because she'll be a new employee who was not interviewed and hired by the folks at the new site.

-----Original Message----- 
From: Cash, Michelle 
Sent: Fri 11/16/2001 2:23 AM 
To: Lund, David; Indivero, Michael 
Cc: Herman, Ben; Seleznov, Ryan; Palmer, Lizzette 
Subject: Sharon Davis EEOC Charge -- Jenks, Oklahoma



The EEOC investigator on the Sharon Davis charge called me earlier this week to make a settlement proposal.  Ms. Davis would like to be reinstated to work at another NEPCO job site at the rate of pay at which she was employed while working at Jenks.  She would not, however, like to go to El Dorado, as she believes the people who mistreated her now are working there.

I told the investigator that I wasn't sure whether reinstatement was an option at all, given the reasons for her discharge.  I asked her what the alternative would be.  While she is obtaining that information, I told her that I would raise the reinstatement route with you.

Although Ms. Davis was terminated for undermining the brass-in, brass-out rule by leaving her station, the investigation revealed several mitigating circumstances for her actions.  One, the power was out completely.  She previously had indicated a fear of working on the site at night, but she had no flashlight or any way to reach anybody from the site.  Second, there is the contention that the security guard came by and told her to leave.  Third, this offense is not a terminable one under the NEPCO progressive discipline policy (although of course that policy provides for flexibility based on the circumstances).  Ben's investigation revealed some other reasons why he was concerned about how Ms. Davis had been treated; he can provide detail, if we want.  

The bottom line is that I do not see this as a slam dunk situation, and I believe that some sort of resolution would be fruitful.  What that may look like remains an open question.

Let me know your thoughts. 

Michelle