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Webb Wheel Products12/30/2004
I can just testify to what I recall.
"Q: How long ago was it that this issue came up and this issue of the policy came up?
"A: Regarding Mr. Hanvey?
"Q: Yes.
"A: It would have been during the time he was coming in to pick up his worker 's comp checks.
"Q: In the fall of 2000?
"A: Yes, that's correct.
"Q: That would be about three years ago?
"A: Yes, exactly.
"Q: Is it possible in your mind that Mr. Hooper is mistaken?
"A: In my mind, yes.
"Q: Do you believe you could be mistaken?
"A: Possibly yes, but I feel that what I have stated is accurate.
"Q: That's the way you recall it?
"A: That's the way I recall it.
"Q: One of you has to be wrong but that's the way you recall it?
"A: Yes, one of us is possibly wrong. But I recall as I stated."
Alward's testimony was challenged in other aspects as well. For example, she also testified on rebuttal that Hanvey telephoned her in May 2001, approximately two months after Webb Wheel had tried to recall him. Alward stated:
"He called inquiring if Webb was hiring and if we would rehire him. I told him that applications were being accepted in our main lobby and that he was more than welcome to come in and complete an employment application. At that time he asked how he could get his job back and I told him that it was my understanding that he had an attorney and other than telling him that he was welcome to come in and complete an employment application, I really couldn't discuss anything else with him. At that point he said if I fire my attorney, can I get my job back. Here again, I told him that since there was an attorney involved, I could not discuss that with him."
Hanvey's attorney recalled him to testify, and he flatly denied that he had ever had such a conversation with Alward or that he had ever talked to her after October 19 other than to ask her to complete a credit life insurance form shortly after he was discharged.
As previously noted, the trial court charged the jury that it was to determine the weight to give testimony in the case. If the jury concluded that Alward was willfully not truthful about one material aspect of her testimony, then it was free to disregard all or any part of her testimony.
Additionally, Hanvey argues that Webb Wheel failed to adhere to its workforce-reduction policy. Alward testified emphatically that seniority was the sole basis for determining the order in which employees were to be laid off during a reduction in workforce. Link and Hill, however, testified that an employee's job skills and the nature of the department in which he worked also were factors in determining the layoff order. Hanvey argues that other employees junior to him were offered jobs in different departments and on different shifts before they were laid off and that he should have been offered similar accommodations. He testified that he would have transferred back to the night shift from the day shift in order to keep his job, but that he was never offered such a transfer. Reviewing the seniority list and comparing it to the dates on which employees were laid off, it is clear that transfers were offered to other employees of Department 116 who had less seniority than Hanvey, and, therefore, that Webb Wheel did not follow its workforce-reduction policy. Hanvey did admit, however, that even if he had been able to return to his job as a drill-press operator on October 18, albeit on a different shift or crew, he would have been subject to the workforce reduction by the first of N
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