Michael R. and Shelley F. Fawcett - Page 4




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          petitioner worked in approximately 5 different PayLess store                
          locations in Oregon and Washington.                                         
               While employed with PayLess, petitioner was asked to work              
          long hours, due to understaffing of employees at a given store,             
          and in different departments within a given store.  As a result,            
          petitioner felt “rushed * * * and pushed in every direction.”               
          Petitioner continued to work in this chaotic environment because            
          she desired a promotion.  However, petitioner never received a              
          promotion from PayLess.                                                     
               During this time, petitioner complained of chest pains, lack           
          of sleep due to her work schedule,1 and nightmares about her work           
          environment, and experienced anxiety in both her professional               
          life and personal life.2                                                    
               In October 1993, while petitioner was still employed by                
          PayLess, she received a notice (class action notice) from B.                
          Newal Squyers, Esq. and Debra K. Ellers, Esq. of Holland & Hart,            
          Attorneys for Plaintiffs, notifying her of an “Unpaid Overtime              
          Compensation Law Suit filed against PayLess”.  This class action            
          lawsuit was described as follows:                                           



          1    At times, petitioner was scheduled to close the store at               
          9:30 p.m. and then open the store the next morning at 5 a.m.                
          2    The strain of petitioner’s working conditions took a toll on           
          her new marriage.  For instance, at one particular store, Mr.               
          Fawcett made attempts to visit petitioner at work during her                
          break and was strictly forbidden to do so.                                  





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