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Webb Wheel Products12/30/2004
e, term date, clock number, department number and crew?
"A: Yes, sir.
"Q: This other material in the middle and below your signature, was that filled out after you signed it to your recollection?
"A: After I signed it?
"Q: Yes, by someone else?
"A: Yes, sir.
"Q: Is any of this your handwriting?
"A: No, sir.
"Q: All right. Were you given any of this paperwork?
"A: No, sir.
"Q: Did you ask for it?
"A: Yes, sir.
"Q: Who did you ask for?
"A: The first time Phillip Hill.
"Q: What did he tell you?
"A: He told me I didn't need a copy.
"Q: Did you ask anybody else for the paperwork?
"A: I went to my sister's house and called Lynn Alward and asked for a copy of it.
"Q: And what did she tell you?
"A: She told me I couldn't have one and hung the phone up."
(Emphasis added.) Under cross-examination by Webb Wheel, however, Hanvey appears to contradict the above testimony. Adding to the confusion is the fact that it is difficult when reading the cross-examination to determine when Webb Wheel's lawyer is asking Hanvey questions at the trial and when he and Hanvey are reading from Hanvey's pretrial deposition. The following occurred during Hanvey's testimony:
"Q: I asked you a minute ago if you had seen the layoff policy, you said you had seen it but never read it. Assume for me, if you will, that your layoff was actually a layoff. Can you look at this policy and tell me how your layoff didn't comply with it? And I will give you a copy as soon as I can lay my hands on it.
"Let me show you what's been marked as Defendant's Exhibit 21 and it's a letter-size version of this policy. And again, I was asking you if you would assume for me, if you will, that your layoff, what you call a termination, was actually a layoff. Can you look at that policy and tell me why it didn't comply [with] that policy?
"A: Could you ask that again?
"Q: Sure. Assuming that October 19 was actually a layoff for you, how did it not comply with this policy?
"A: I wasn't told that I was laid off.
"Q: You weren't told you were laid off?
"A: No, sir.
"Q: Well now, the form that you signed said laid off due to lack of work, didn't it? Isn't that your exit report?
"A: Yes, sir.
"Q: Doesn't it say Josh Hanvey was laid off due to lack of work?
"A: Yes, sir.
"Q: That was on there when you signed it, wasn't it?
"A: I don't know if it was or not.
"Q: We'll come back to that. But assuming that was on there when you signed it, you were told you were being laid off due to lack of work, weren't you?
"A: No, sir.
"Q: Isn't that what it says?
"A: It's what it says.
"....
"Q: Now, when Phil Hill supposedly told you we are going to have to let you go because of your back, you didn't have anything to say to that?
"A: I expected it.
"Q: And that's what was written on the sheet, you told him you expected to be laid off the day you came back?
"A: Yes, sir.
"Q: But you weren't laid off the day you came back, you were laid off following day, right?
"A: I wasn't laid off.
"Q: October 19 was the date that you left Webb with your story of Phillip Hill having said we're letting you go because of your back?
"A: Yes, sir.
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