Buckley and School District #23 accused Fisher of time theft.
Buckley informed Fisher back on Sept 16/98 that some previous custodians
had found the area he had to clean, difficult because of the big size.
Fisher measured his area and found it to be 20,197 sq.ft., 2,000 square feet over SD #23's
regulated size of 18,200 feet in an 8 hour shift. Fisher gave Buckley his calculations on
Oct 19/98. She sent them off to Gwen Johnson at the SD #23 administration office.
Johnson confirmed that Fisher's area was oversize & perhaps by even more than Fisher
had found. Refer to Fisher's square footage figures below. SD #23 Johnson's total
square feet and hours per school are outlined in red.
Buckley at that time told Fisher that he would not be
expected to do all the cleaning, that some things just can't
be done, because the area to clean was over SD #23's size.
Buckley the on-site school supervisor did nothing for another
3 long months after getting Johnson's letter confirming the oversize.
In the meantime Buckley aware that Fisher was working an oversize area (20,197 sq.ft.),
using poor judgement she assigned extra help to the Head Custodian's area (11,059 sq. ft.)
& permitted him to download his work onto the already over burdened Fisher.
Buckley from Sept 16/98 to Jan 25/98, a long 5 months did nothing to eliminate the
2000 foot oversize area that Fisher had to clean which equaled 1 hour of time
SD #23 was stealing from Fisher per night for which he was not paid.
Then Buckley only had the 2,000 feet oversize reduced by 1,000 feet. Fisher was still forced
by Buckley to clean an extra 1,000 ft representing 1/2 hr each night for which he was not paid.
Buckley & SD #23 were guilty of theft from Fisher !
They participated in a conspiracy to defraud !
Buckley herself was guilty of time theft by knowingly letting the oversize area to continue
and approving the downloading of the Head Custodian's work onto Fisher. BUCKLEY WAS
OUT TO BREAK FISHER. The extra 2,000 feet per day amounted to an additional 1 hour of
work each day for which Fisher was not paid. Then Buckley has the nerve to accuse
Fisher of time theft. Buckley was delusional & out of touch with reality.Yet when it looked
like Fisher had left early on Feb 5/99, Buckley jumped on that instantly while making Fisher
suffer the oversize sweep for 5 months. Buckley operated a double standard, displayed
her incompetence as a custodial supervisor and her blind rage to get Fisher fired.
Buckley then accuses Fisher of not doing his work and that his work was unsatisfactory
When Johnson's letter arrived on Nov 6/98 Buckley instructed Fisher
that "some of the work just can't get done". Then Buckley has the
gall to accuse Fisher of not doing his work.
Al Akehurst, Director of Human Resources in a meeting disagreed with Buckley & stated that Fisher did his work and that his work was done satisfactorily.
Contrary to what Buckley said, Fisher always managed to get his work done
by working extra fast, working through his breaks, coming to work early,
working efficiently or working after hours on his own time.
Eventually the understaffing took a heavy toll on Fisher's health.
Court decisions find that when an employer knowingly maintains
work conditions marked by chronic understaffing & an employee's
health deteriorates as a result, the employer is liable for damages.