Monterroso

FACTS AND PROCEEDINGS BELOW

A. Factual Background The following factual background is based on the evidence presented at trial.

1. Hydraulics and Monterroso Hydraulics develops, manufactures, and supports a variety of systems used by the United States military. Hydraulics has strict attendance policies for its employees, pursuant to which an employee who is absent from work for three consecutive days without notifying a supervisor is considered to have abandoned his employment as of the morning of the third day.

3 Hydraulics employed Monterroso from August 1986 to March 2010, and from May 2010 to January 2016. For most of that time, Monterroso worked as a lead assembler in the component assembly department. For the majority of Monterroso’s employment at Hydraulics, his supervisor was Milton Gaitan. After Gaitan was promoted to manager of the assembly department, Manuel Gutierrez became Monterroso’s direct supervisor. Gutierrez reported to Gaitan.

2. Monterroso’s leave to care for his mother After work on Friday, December 4, 2015, Monterroso learned that his mother, who lives in Guatemala, had suffered a stroke. He called Gaitan and asked for leave so he could go to…