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SHEEHAN v. DONLEN CORP.

October 7, 1997

REGINA SHEEHAN, Plaintiff,
v.
DONLEN CORPORATION, Defendant.



The opinion of the court was delivered by: DENLOW

 I. FACTUAL BACKGROUND

 A. Employment Application.

 We draw our version of the facts from the parties' Local Rule 12 submissions. In July 1991, Sheehan submitted a resume' and later filled out an application for employment with Donlen. On the second page of the employment application, above the signature block, there was a clause stating that the information provided by the applicant is true, correct, complete and that any misstatement or omission may result in dismissal. 12(m) P 2. Sheehan signed the two-page application form without completing the employment history section. In large handwriting, someone other than Sheehan wrote the words "see resume"' across the space provided for the applicant's employment history. Sheehan's one-page resume' attached to the job application form contained her name, address, goal, education and employment experience. The employment experience section of Sheehan's resume' listed three positions that she held between 1976 and 1991. 12(m) ex. 1.

 Sheehan held two jobs, EMK Incorporated ("EMK") and Illinois Mortgage, that did not appear on her resume' or job application. 12(m) P 3. Donlen management did not previously know about the two jobs. Donlen contends that Sheehan was fired from EMK and Illinois Mortgage and that she intentionally omitted the two jobs from her resume' and employment application. Sheehan counters that she left EMK because she was a "mis-hire" (she did not have the required background) and left Illinois Mortgage because they were financially unable to keep her. 12(n) P 4-6. Sheehan explains that the two jobs that she had in 1987 were not on her resume' because she only included the most significant jobs. Additionally, Sheehan states that there was no intent to deceive because her resume' listed her job at Hanley Dawson Cadillac ("Hanley") from which she was terminated in 1987.

 During Sheehan's initial interview with Donlen, Susan Gutowsky ("Gutowsky"), Donlen's director of administration, never asked Sheehan if she had ever been terminated nor did Sheehan volunteer any information. 12(m) P 9. Donlen does not have a written policy regarding misstatements or omitted information on an application or resume', nor has it ever investigated, refused to hire, or dismissed anyone who made misstatements or omitted information on an application or resume'. 12(m) P 9.

 B. Employment Prior To First Pregnancy.

 Sheehan was hired at Donlen in July 1991, as an account manager in the customer service department. Sheehan worked as an account manager from July 1991 until her first maternity leave in July 1992. On Sheehan's March 6, 1992, mid-year review form, her supervisor, Zeno Wisniewski ("Wisniewski"), wrote that she needed to develop working relationships with associates. During an August 1992 performance appraisal, Wisniewski debriefed Sheehan that she was sometimes tough to deal with but that it was more of a perception than a reality. On a September 17, 1992, performance evaluation, Wisniewski rated Sheehan a 2.6 (2 = above requirements; 3 = meets requirements).

 C. Employment Prior To Second Pregnancy.

 When she returned from her first maternity leave in September 1992, Sheehan became an out-of-stock locator in Donlen's purchasing department. 12(m) P 12. As an out-of-stock locator, Sheehan reported to Eileen Marie Kelm ("Kelm"), the purchasing department supervisor, who reported to Brad Miller ("Miller"), Vice-President of Purchasing. 12(n) P 54.

 In a September 1993 performance evaluation, Kelm rated Sheehan as meeting or exceeding requirements for all categories but one, teamwork. During the debriefing, Kelm told Sheehan that she needed to improve her communication. 12(m) P 17; 12(n) P 56. When asked about the comment, Kelm laughed and told Sheehan that she should smile a bit more and try to understand the other employees. 12(n) P 57.

 Sheehan had her second child in January 1994, while still employed in the purchasing department. 12(n) P 61. Kelm covered Sheehan's job during Sheehan's second maternity leave. Kelm repeatedly told Sheehan that she did not know how they were going to manage during the leave and that Sheehan should hurry back to work. Kelm also constantly complained to Brad ...


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