Motion for Judicial Notice in Cynthia Kim Tran Vs. Eat Club, Inc.| Trellis.Law

On July 20, 2018 a Request,Application was filed involving a dispute between Rosy Picasso, and for Other Employment Unlimited (15) in the District Court of Santa Clara County.

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MICHAEL HOFFMAN, Bar No. 162496
SATIA FAMILI, Bar No. 319215

ARENA HOFFMAN LLP
44 Montgomery Street, Suite 3520

Facsimile: 415.520.0446
Email: mhoffman@ arenahoffman.com

EAT CLUB, INC.

STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

CYNTHIA KIM TRAN and ROSY Case No. 18CV 332082

REQUEST FOR JUDICIAL NOTICE IN
EAT CLUB, INC., a Delaware
COUNSEL

Time: 9:00 A.M.

Complaint Filed: June 21, 2018
Trial Date: None

AND ALL ATTORN EYS OF RECORD:

e following documents attached hereto in support of Defendant's

earing on March 5, 2019 in Department 9:

RENA HOFFMANLLP
REQUEST FOR JUDICIAL NOTICE Case No. 18CV 332082
Tab 1: Declaration of Jessica Stice in Support of Motion to Disqualify Counsel

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 1 Email correspondence from Jessica Stice to Y evgeniy Davidovich and Jason

phed message from Ms. Tran as an attachment,

Tab 2: Declaration of Raymundo Cortes in Support of Motion to Disqualify Counsel

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 2 Copies of five Powerpoint slides that Rosy Picasso showed to Raymundo

Cortes as part of his onboarding training, and discussed during her

labor and employment law

Tab 3: Declaration of Jaime Shirley in Support of Motion to Disqualify Counsel

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 3: Employee Waming Notices issued to Truc Bui and Crystal Fregoso for

timecard fraud, dated January 31, 2018.

Exhibit 4 Handwritten note from Kim Nguyen dated February 6, 2018 and email

correspondence regarding same, dated February 8, 2018.
Exhibit 5: Two Employee Waming Notice issued to Truc Bui for tardiness and timecard

Exhibit 6: Four Employee Warning Notices issued to Crystal Fregoso for failure to give

adequate notice and no shows, dated January 31, February 1, February 2, and

Exhibit 7: Email correspondence between Jaime Shirley and Kim Tran, dated February 6

RENA HOFFMANLLP
see REQUEST FOR JUDICIAL NOTICE Case No. 18CV 332082
Exhibit 8: Email correspondence between Angela Byme, Jaime Shirley, Jason Sanders,

Kim Tran, and Yevgeniy Davidovich regarding Crystal Fregoso’s workers’

compensation claim, dated February 7 to February 22, 2018.

Exhibit 9: Redacted Employee Warning Notice for timecard fraud, dated May 5, 2018.

Tab 4: Declaration of Chris Baker in Support of Motion to Disqualify Counsel

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 10 Letter and enclosure from Chris Baker sent to Kim Tran regarding Theft of

Tab 5: Declaration of Michael Hoffman in Support of Motion to Disqualify Counsel

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 11 Email correspondence between Michael Hoffman and Matthew Da Vega,

Exhibit 12 Email correspondence and attachments from Matthew Da Vega sent to

Michael Hoffman, dated July 10, 2018.

Exhibit 13 Complaint filed in this action, Tran, et al. v. Eat Club, Inc.

Exhibit 14 Cross-Complaint filed by Eat Club, Inc.in this action, Tran, et al. v. Eat Club,

, Santa Clara County Superior Court, case no. 18CV 332082, dated August

Exhibit 15 Notices of Related Cases filed by Eat Club, Inc. in case nos. 18CV 330433 and

Tab 6: Declaration of Jose Rodriguez in Support of Motion to Disqualify Counsel

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 16 Position and Candidate Specification for Senior Vice President, Human

Resources job positing, dated July 2017.
RENA HOFFMANLLP
see REQUEST FOR JUDICIAL NOTICE Case No. 18CV 332082
Exhibit 17 Kim Tran’s proposed 100-Day Plan

Exhibit 18 Eat Club, Inc.’s Employee Handbook adopted during Kim Tran’ s tenure.

Exhibit 19 Eat Club, Inc.’s Human Resources People & Payroll roster.

Exhibit 20 Email correspondence between Jose Rodriguez, Kim Tran, and Ogletree

Deakins lawyers regarding legal ad

Exhibit 21 Proposed severance to Kim Tran.

Exhibit 22 Email correspondence from Naomi Lile to Kim Tran, dated June 8, 2018.

Tab 7: Declaration of Travis Jones in Support of Motion to Disqualify Counsel

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 23 Meal Break Waiver Agreement prepared by Kim Tran’s department for

distribution amongst Eat Club, Inc. employees.

Tab 8: Declaration of Dan Huron in Support of Motion to

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 24 Kaseya activity report for Kim Tran’s laptop.

Tab 9: Declaration of Jason Sanders in Support of Motion to Disqualify Counsel

submitted in Fregoso, etal. v. Eat Club, Inc., Santa Clara County Superior

iled on September 26, 2018.

Exhibit 25 Email correspondence between Jason Sanders and Kim Tran advising he of

Exhibit 26 Email correspondence between Jason Sanders, Kim Tran, and her team

assigned to investigate the timecard fraud case, dated January 31, 2018.

Exhibit 27 Email correspondence between Jason Sanders, Kim Tran, Yevgeniy

on the HR team, dated January 31 to February 6,

RENA HOFFMANLLP
see REQUEST FOR JUDICIAL NOTICE Case No. 18CV 332082
Exhibit 28 Email correspondence between Jason Sanders, Yevgeniy Davidovich, Kim

Tran, and her team regarding Crystal Fregoso’s text message, dated February

5, 2018.

Exhibit 29: Email correspondence between Jason Sanders and Kim Tran regarding Crystal

Fregoso, dated February 6. 2018.

Exhibit 30 Order re Motion For Final Approval Of Class Action Settlement in Laufer, et

al. v. Eat Club, Inc., Santa Clara County Superior Court case no, 2017-1-CV-

310764, filed on June 18, 2018.

Exhibit 31 Complaint filed in Fregoso, et.al. v. Eat Club, Inc., Santa Clara County

10 Superior Court case no. 18CV330433, dated June 21, 2018.

12 Dated: October 29, 2018

13 WA GLE
MICHAEL HOFFMAN’
14 ARENA HOFFMAN LLP
Attorneys for Defendant
15 EAT CLUB, INC.
16

17
18

20
21

28
ARENA HOFFMANLLP
"eh cot REQUEST FOR JUDICIAL NOTICE Case No. 18CV332082
TAB 1
18CV330433
Santa Clara — Civil

MICHAEL HOFFMAN, Bar No. 162496 Electronically Filed
SATIA FAMILI, Bar No. 319215
by Superior Court of CA,
ARENA HOFFMAN LLP
44 Montgomery Street, Suite 3520 County of Santa Clara,
San Francisco, CA 94104-4828 on 9/26/2018 4:01 PM
Telephone: 415.433.1414 Reviewed By: R. Walker
Facsimile: 415.520.0446 Case #18CV330433
Email: mhoffman@arenahoffman.com Envelope: 1993962
Attorneys for Defendant
EAT CLUB, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF SANTA CLARA

lL CRYSTAL FREGOSO, ADRIANNA Case No. 18CV330433
RODRIGUEZ, and TRUC BUI, on behalf
12 of themselves and all others similarly Assigned for all purposes to Dept. 5
situated, Hon. Thomas E. Kuhnle
13
Plaintiffs, DECLARATION OF JESSICA STICE
14 IN SUPPORT OF MOTION TO
Vv. DISQUALIFY COUNSEL
15
EAT CLUB, INC., a Delaware Date: November 16, 2018
16 Corporation, and DOES 1-100, inclusive, Time: 9:00 A.M.
Dept.: 5
17 Defendants.
Complaint Filed: June 21, 2018
18 Trial Date: None

20 I, Jessica Stice, declare and state as follows:

21 1 I am the Logistics Manager at Eat Club, Inc. (“Eat Club”). I make this declaration in

22 support of Defendant’s Motion to Disqualify Counsel. I have personal knowledge of the facts set

23 forth below and, if called upon as a witness, I could and would competently testify thereto.

24 2. I started working at Eat Club as Logistics Manager in June 2017. As a Logistics

25 Manager, I manage approximately 34 employees at a company hub; they perform logistics functions,

26 such as picking up food from our kitchen and local restaurants, sorting food, and making deliveries.

27 Some of the employees on my staff are delivery representatives. As Logistics Manager, I received

28 advice from Kim Tran’s human resources staff on employee counseling and potential discipline.
ARENA HOFMANLLP
sant eae STICE DECLARATION 1 Case No. 18CV330433
3 One delivery representative on my staff was former employee Cristina Gutierrez. In
May of 2018, during her employment, Cristina Gutierrez told me that she had been trying to contact

Kim Tran for assistance with a leave of absence, work restrictions, and bonus eligibility. Cristina
Gutierrez said that Ms. Tran had not responded to her requests, and then Ms. Tran left the company
at the end of May 2018. However, on Cristina Gutierrez’s last day of work, June 6, 2018, she told

me that Ms. Tran had not responded to her prior request, which Ms. Gutierrez remarked was strange.
4 Two days later, on June 8, 2018, I received a photo via text message from another Eat
Club employee on my staff, Sandra Gutierrez, According to Sandra Gutierrez, she took a photo of

an email that Cristina Gutierrez had shown her on a phone. | forwarded the photo to Yevgeniy
10 Davidovich and Jason Sanders at Eat Club. Attached hereto as Exhibit 1 is a true and correct copy

i of my email to Mr. Davidovich and Mr. Sanders, which contains the photographed message from
12 Ms. Tran as an attachment. I recognize the photo as a true and correct copy of the text that I
13 received from Sandra Gutierrez. I wrote, “This seems odd because | knew that Ms. Tran was no
14 longer employed by Eat Club and, according to comments from Sandra Gutierrez to me, Ms. Tran

15 sent the email to a personal email account of Cristina Gutierrez.

16 I declare under penalty of perjury under the laws of the State of California that the foregoing

17 is true and correct. Executed this 17th day of September, 2018, at Sunnyvale, California.

AX
19

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25

26
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ARENA MOFFUAN LP
savers
“iva tee STICE DECLARATION Case No, 18CV330433
EXHIBIT 1
aosanenanieencaseene
CT —— ener

From: Jessica Stice
Date: Jun 8, 2018 at PM
Subject his seems odd.
To: Yevgeniy Davidovich , Jason Sanders

Hi Yev,
Please review the screenshot below sent io Cristina Gutierrez from Kim.
zs

nov Sue
< Inbox

From: Kim Tran
To: yo >
Hide ®
Quick Chat
Today at

hi Cristina,
It's Kim Tran. | was trying to help you with
the SUV bonus and vacation requests at EAT
Club. Can | have your number so | can call
you for something important? If you want,
please call me at 408-373-3369. | belleve i
have a very good solutions for you that can
help you a lot financially.
Thanks,
Kim

Jessica Stice | Logistics Manager
EAT CLUB
C: 650.810.6460
ica. stice@myeatclub.com
TAB 2
18CV330433
Santa Clara - Civil

MICHAEL HOFFMAN, Bar No. 162496 Electronically Filed
SATIA FAMILI, Bar No. 319215 by Superior Court of CA,
ARENA HOFFMAN LLP
44 Montgomery Street, Suite 3520 County of Santa Clara,
San Francisco, CA 94104-4828 on 9/26/2018 4:01 PM
Telephone: 415.433.1414 Reviewed By: R. Walker
Facsimile: 415.520.0446 Case #18CV330433
Email: mhoffman@arenahoffman.com Envelope: 1993962
Attorneys for Defendant
EAT CLUB, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF SANTA CLARA

1 CRYSTAL FREGOSO, ADRIANNA Case No. 18CV330433
RODRIGUEZ, and TRUC BUI, on behalf
12 of themselves and all others similarly Assigned for all purposes to Dept. 5
situated, Hon. Thomas E. Kuhnle
13
Plaintiffs, DECLARATION OF RAYMUNDO
14 CORTES IN SUPPORT OF MOTION
Vv TO DISQUALIFY COUNSEL
15
EAT CLUB, INC., a Delaware Date: November 16, 2018
16 Corporation, and DOES 1-100, inclusive, Time: 9:00 A.M.
Dept.: 5
17 Defendants.
Complaint Filed: June 21, 2018
18 Trial Date: None

20 "I, Raymundo Cortes, declare and state as follows:

21 1 I am employed by Eat Club, Inc. (“Eat Club”) as Plant Manager. I make this

22 declaration in support of Defendant’s Motion to Disqualify Counsel. I have personal knowledge of

23 the facts set forth below and, if called upon as a witness, I could and would competently testify

24 thereto.

25 2. I started working at Eat Club as Plant Manager in February 2018. As a Plant

26 Manager, I oversee the food preparation and assembly operations at Eat Club’s facility in San

27 Leandro, California, where approximately 70 employees work. The plant operations include food

28 preparation in the kitchen and assembly. As Plant Manager, I received human resources advice and
AR bneeanere
sa one CORTES DECLARATION 1 Case No. 18CV330433
training from Rosy Picasso, who worked Kim Tran’s staff on human resources. The subjects of
advice from Ms. Picasso included employee counseling and discipline, separation of employees,

wages and timekeeping, and compliance with company policies.

3 When I started working for Eat Club, part of my onboarding process included training

from Ms. Picasso. She spent about an hour with me and made an introductory presentation on labor
and employment law. Ms. Picasso trained me to provide meal periods and rest breaks to employees.

Attached hereto as Exhibit 2 are true and correct copies of five slides that Ms. Picasso showed to me

and discussed during her presentation.

I declare under penalty of perjury under the laws of the State of California that the foregoing

10 is true and correct. Executed this 17th day of September, 2018, at San Leandro, California.

13
14 RA 1O CORTES
15

16
17

18
19
20
21

22
23

27
28
ARENA HO} up
tin san] CORTES DECLARATION Case No. 18CV330433
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TAB 3
18CV330433
Santa Clara — Civil

MICHAEL HOFFMAN, Bar No. 162496 Electronically Filed
SATIA FAMILI, Bar No. 319215 by Superior Court of CA,
ARENA HOFFMAN LLP County of Santa Clara,
44 Montgomery Street, Suite 3520 on 9/26/2018 4:01 PM
San Francisco, CA 94104-4828
Telephone: 415.433.1414 Reviewed By: R. Walker
Facsimile: 415.520.0446 Case #18CV330433
Email: mhoffman@arenahoffman.com Envelope: 1993962

Attorneys for Defendant
EAT CLUB, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

1 CRYSTAL FREGOSO, ADRIANNA Case No. 18CV330433
RODRIGUEZ, and TRUC BUI, on behalf
12 of themselves and all others similarly Assigned for all purposes to Dept. 5
situated, Hon. Thomas E. Kuhnle
13
Plaintiffs, DECLARATION OF JAIME SHIRLEY
14 IN SUPPORT OF MOTION TO
Vv. DISQUALIFY COUNSEL
15
EAT CLUB, INC., a Delaware Date: November 16, 2018
16 Corporation, and DOES 1-100, inclusive, Time: 9:00 A.M.
Dept.: 5
17 Defendants.
Complaint Filed: June 21, 2018
18 Trial Date: None

20 I, Jaime Shirley, declare and state as follows:

21 1 I am employed at Eat Club, Inc. (“Eat Club”). I make this declaration in support of

22 Defendant’s Motion to Disqualify Counsel. I have personal knowledge of the facts set forth below

23 and, if called upon as a witness, I could and would competently testify thereto.

24 2. I started working at Eat Club in 2014 as a Delivery Representative and then became a

25 Team Leader among the Delivery Representatives. In January 2017, I was promoted to South Bay

26 Hub Manager. As Hub Manager, I manage a team of about 40 employees, principally Delivery

27 Representatives and their Team Leaders. My primary job responsibilities involve managing the

28
ARENA HOF! LLP
| SHIRLEY DECLARATION Case No. 18CV330433
employees and deliveries from the South Bay Hub. As a Hub Manager, I received advice from Kim

Tran’s human resources staff on employee counseling and potential discipline.

3 Both Crystal Fregoso and Truc Bui worked in the South Bay Hub and under my
supervision during 2018. Ms. Fregoso abandoned her job and was separated in late February, 2018.

Ms. Bui remains employed by Eat Club, but she has been on a leave of absence.
4 The Team Leader for Palo Alto Hub Intuit Snacks Route, Jordan Cameron, notified

me that Ms. Bui and Ms. Fregoso committed timecard fraud, on January 25, 2018, by clocking out

between 15 and 30 minutes after they stopped working. In consultation with Ms. Tran, I documented

the incident and drafted Employee Warning Notices; Ms. Tran edited and approved the Employee

10 Warning Notices, Attached hereto as Exhibit 3 are true and correct copies of the Employee Warning

i Notices issued for Ms. Bui and Mr. Fregoso regarding timecard fraud.

12 5 An employee in the hub, Kim Nguyen, notified me that Ms. Bui and Ms. Fregoso

13 committed timecard fraud by coming to work late and missing a Team Leader meeting at 9:45 AM;

14 they clocked in and misrepresented that they attended the meeting. Attached hereto as Exhibit 4 are
15 true and correct copies of an email and a handwritten note that I received from Kim Nguyen. Based
16 on Ms. Nguyen’s statement and my review of the timecards, I concluded that Ms. Bui committed

17 timecard fraud. In consultation with Kim Tran, I documented the incident and drafted an Employee

18 Warning Notice; Ms. Tran edited and approved the Employee Warming Notice. Attached hereto as
19 Exhibit 5 are true and correct copies of two Employee Warning Notices issued for Ms. Bui, one
20 regarding timecard fraud and the other for the missed meeting.

21 6 Between January 31 and February 5 of 2018, Ms. Fregoso was late or missed work
22 without adequate notice of four separate dates. In consultation with Kim Tran, I documented the

23 incidents and drafted Employee Warning Notices; Ms. Tran edited and approved the Employee
24 Warning Notices. Attached hereto as Exhibit 6 are true and correct copies of the Employee Warning

25 Notices issued for Ms. Fregoso.
7
26 Due to Ms. Fregoso’s chronic attendance problems, I contacted Kim Tran for advice

27 on how the company should handle her future employment. I spoke with Ms. Tran and got advice in

28 early February 2018. Attached hereto as Exhibit 7 are true and copies of emails that I exchanged
ARENA ue
un ast SHIRLEY DECLARATION 2. Case No. 18CV330433
Warning Notices. Attached hereto as Exhibit 6 are true and correct copies of the Employee Warning

Notices issued for Ms. Fregoso.

7 Due to Ms. Fregoso’s chronic attendance problems, | contacted Kim Tran for advice

on how the company should handle her future employment. I spoke with Ms. Tran and got advice in
early February 2018. Attached hereto as Exhibit 7 are true and copies of emails that I exchanged

with Ms. Tran prior to one of our calls. In making this determination, | leamed from Ms. Tran and
her human resources staff that Ms. Fregoso had filed a workers’ compensation claim but had been

cleared to return to work. Ms. Fregoso again failed to show for work for several days. I sent copies

of the text message that I received from Ms. Fregoso (my last communication with her), dated
10 February 5 018, where she claimed to be suffering from “Post Traumatic Stress Disorder” and
i ‘anxiety attacks” on the job. I met with the human resources staff, including Ms. Tran, to get advice

12 on how to handle Ms. Fregoso’s ongoing absences. Attached hereto as Exhibit 8 are true and correct
13 copies of emails that J sent and received between February 7 and 22 of 2018

14 8 Ms. Bui and Ms. Fregoso are not the only Delivery Representatives who have entered

15 false time entries; another Delivery Representative at the South Bay Hub misrepresented work time.

16 Attached hereto as Exhibit 9 is a true and correct copy of an Employee Warning Notice that
17 I prepared, in consultation with Ms. Tran, to discipline another Delivery Representative for instances

18 of timecard fraud; the name has been redacted in the interest of privacy.

19 J declare under penalty of perjury under the laws of the State of California that the foregoin, g
IS
20 is true and correct. Executed this 26th day of September, 2018, at Sow Nese California.
21

(cS
22

23
24
an E SHIRLEY
25

28
A
et SHIRLEY DECLARATION Case No. 18CV330433
EXHIBIT 3
Employee Warning Notice

Employee Name: True Bui Date: 1/31/2018
Employee ID: Job Title: Delivery Driver
Manager: Jaime Shirley Department: South Bay- San Jose

First Warning Second Warning x Final Warning

4a
a Tardiness/Leaving Early a Absenteeism a Violation of Company Policies
Qa Substandard Work oa Violation of Safety Standards a Rudeness to Customers/Coworkers
x Other: Time Card Fraud

EE
eeeee
Description of Infraction:

On January 25th, 2018 Truc Bui Clocked out at 11:44pm. Jordan Cameron who runs the
Intuit snacks route out of Palo Alto said on that day they returned to the hub at 11:15pm and
should have been clocking out between 11:25pm & 11:30pm. This write up is for time card fraud

Plan for improvement

Consequences of Further Infractions:
The consequences for time card fraud can include dismissal si
a

PGiaL Rous heeled cl Ly
By signing this form, you confirm that you understand the information in this warning. You also confirm that you and your
manager have discussed the warning and a plan for improvement. Signing this form does not necessarily indicate that you
agree with this warning.

fel, 40 S144 2/8lls
“LS
one a

ZASLS

OC has
ee bs/' ‘

Witness set (ifemployed undgestands waming but refuses to sign) Date

a i --~=--- Forwarded message
From: Kim Tran
Date: Thu, Feb 8, 2018 at 3:29 PM
Subject: Re: witness statement
To: Jaime Shirley , Tiffany Yee

+Tiffas FYI

Received. Thanks, JS.

On Thu, Feb 8, 2018 at 3:06 PM, Jaime Shirley wrote:

Forwarded message -: ean
From Ki ‘im Nguyen
Date: Thu, Feb 8, 2018 at 12:44 PM
Subject: witness statement
To: Jaime Shirley

On This day of January 26, 2018 I witnessed Truc and Crystal not being at our team leader meeting. Our team Leader
meeting starts at 9:45 every day but I remember that day Truc and Crystal walked in the hub by 9:55 and they miss the entire
meeting. I remember the day because it was the Friday before Jaime and a few co workers and I went out to lunch together on
January 29, 2018.

Sincerely Kim Nguyen

If any questions feel free to contact me
at4082293 138

o
Jaime A. Shirley | Hub Manager South Bay
408.607.7222
tclub.com
South Bay Hub 2365 Paragon Dr., San Jose, CA 95131

~
Jaime A. Shirley | Hub Manager South Bay
C: 408.607.7222
aime. shirley@myeatclub.com

South Bay Hub 231 yragon OW iA
EXHIBIT 5
nTEL A

Employee Warning Notice

Employee Nam Truc Bui Date: 1/29/2018
Employee ID: Job Title: Delivery Driver
Manager: Jaime Shirley Department: South Bay- San Jose

a First Waming x Second Warning a Final Warning

Ee
a Tardiness/Leaving Early Q Absenteeism a Violation of Company Policies
a Substandard Work a Violation of Safety Standards o Rudeness to Customers/Coworkers
x Other: Time Card Fraud

Ee
Description of Infraction:

Employee was late on Friday 1/26 by 9 minutes (9:54am), however her timecard stated she
was in at 9:45am. This employee has committed time card fraud.

Plan for Improvement:

Consequences of Further Infractions:
The consequences for time card fraud can include dismissal

PUMA
Mce on as cercd) akon EMER]
By signing this form, you confirm that you understand the information in this warning. You also confirm that you and your
manager have discussed the warming and a plan for improvement. Signing this form does not necessarily indicate that you
agree with co
this tr

ee Sign Z/e/18
Date

rr
ZK iis
[os —_——— Ish
nature tt emfoyoe yliorstends warning but refuses to sign) Date
. a

Employee Waming Notice
STO EEa acl)
Employes Name: Truc Bui Date: 1129/2018
Employee ID: Job Title: Delivery Driver
Manager Jaime Shirley Department: South Bay- San Jose

x First Waming Second Waming Final Warning

x Tardiness/Leaving Early Q Absenteeism o Violation of Company Policies
a ‘Substandard Work O Violation of Safety Standards a Rudeness to Customers/Coworkers
a Other

ne
Description of Infraction:

Employee was late on Friday 1/26, missing our morning meeting. Employee was scheduled
to be in at 9:45am and arrived at 9:54am.

Plan for improvement:
Make a plan of action to make sure they are on time.

Consequences of Further Infractions:
The consequences or failure to demonstrate immediate and sustained improvement will be further
disciplinary action, up to and including dismissal.

By signing this form, you confirm that you understand the information in this waming. You also confirm that you and your
manager have discussed the waming and a plan for improvement. Signing this form does not necessarily indicate that you
agree with this waming.

“Eny nature
to DB
Date
2/4 /I6
2/88
to

‘ate Ot empr8ypo unsitrstands waming but refuses to sign)
™ alelig
Date
EXHIBIT 6
Employee Warning Notice

Employee Name: Crystal Fregoso Date: 113112018
Employee ID: Job Title: Delivery Driver
Manager: Jaime Shirley Department: South Bay- San Jose

o First Warning a Second Warning a Final Warning

a Tardiness/Leaving Early a Absenteeism a Violation of Company Policies
Qa Substandard Work a Violation of Safety Standards a Rudeness to Customers/Coworkers
o Other:

a
Description of Infraction:

Employee called out of work at 6:47am, when she was due to start at 7:30am. We have a
policy that all employees must give at least a 4 hour notice for calling out.

Plan for improvement:
Per our policy, Employee needs to call out with at least 4 hours notice.

Consequences of Further Infractions:
The consequences or failure t

Case Info

Judge

Maureen A. Folan Track Judge’s New Case

Case No.

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Document Filed Date

October 29, 2018

Case Filing Date

July 20, 2018

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Request,Application: Cynthia Kim Tran Vs. Eat Club, Inc.

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