that it probably was not a good time for her to start a new job, and Gordon stated she guessed she was not going to take it.
Lindower did not withdraw the job offer from Gordon, nor did Lindower suggest to Gordon that she compromise her religious beliefs in order to accept the MCI job.
Gordon continued to seek employment diligently, and interviewed with at least nine potential employers (other than MCI) before beginning work on May 8, 1989 in the personnel office of the Standard Chartered Bank, at a salary of $ 21,000 a year.
Both Lindower or Fiore had direct conversations with Gordon with respect to her intentions. Neither are presently related to MCI in any way, and both were credible witnesses whose testimony was consistent and in direct conflict with Gordon. Gordon's present recollection may well be reinforced by her marriage and her convictions, which may well be stronger in 1992 than in the spring of 1989 after what appears to be a successful and happy marriage of which religious observance is an integral part.
Because payroll discrepancy resolution typically took place all day Friday after payday, Gordon's absence on late Friday afternoons would have created operational problems for MCI since the Human Resources staff was responsible for all personnel matters, including payroll issues for the approximately 400 employees at the several New York offices. There was no overlap in terms of job responsibilities of these three positions.
One of the principal responsibilities of the staff assistant position which was offered to Gordon was reconciliation of payroll issues. MCI employees are paid in the late afternoon (after 3:00 p.m.) every other Thursday, with paychecks generated out of the MCI office in Washington, D.C. Virtually every pay period employees would have issues or disputes concerning their pay (i.e., a paycheck would be lost or issued in the wrong amount). The Staff Assistant was often required to spend all day on the Fridays following a payday resolving payroll problems.
On the rare occasions that Kanski was out during a payweek, under a schedule that was planned well in advance, an employee familiar with the staff assistant job would come down from MCI's Rye Brook office and handle the payroll responsibilities. Many of the payroll issues had to be resolved by the staff assistant by working with MCI's payroll office in Washington, DC, where the employees worked 9:00 - 5:30.
While the staff assistant had to access to MCI's computer to include information once a payroll problem was resolved, most of the payroll issues could not be corrected by accessing the computer and had to be resolved by working with payroll in Washington, DC, or the commissions department in Rye Brook, New York.
Only Kanski and Lindower had access to the computer system for security reasons because of the confidential nature of the data concerning MCI employees. A temporary employee could not have accessed the computer system for security reasons.
Substitution of Lindower or Britt for the staff assistant every other Friday afternoon for months would have had a detrimental effect on the function of the Human Resources office, since neither Lindower nor Britt had the time or knowledge to resolve the payroll issues.
However, no evidence established that the task of the job offered to Gordon could not have been performed by extra hours Thursday evening, early Friday morning, or during the Friday lunch hour to compensate for early departure Friday afternoon.
The total amount of time that Gordon would have missed on Fridays after payroll, based upon an average commute of one hour from MCI's offices to her home in Forest Hills, is 26 hours, 30 minutes, calculated as follows:
1989 Candle Time to
"Payroll" Lighting Leave MCI's Time Off
Fridays 1989 Time Offices Before 5:30
10/6 6:10 4:45 45 min.
10/20 5:49 4:30 1 hr.
11/3 4:30 (Daylight 3:00 2 hr.
11/17 4:17 2:45 2 hr 45 min.
12/1 4:10 2:30 3 hr.
12/15 4:10 2:30 3 hr.
12/29 4:17 2:45 2 hr. 45 min.
1/12 4:30 3:00 2 hr. 30 min.
1/26 4:46 3:15 2 hr. 15 min.
2/9 5:04 3:30 2 hr.
2/23 5:20 4:00 1 hr. 30 min.
3/9 5:36 4:00 1 hr. 30 min.
3/23 5:51 4:30 1 hr.
Total Hours: 26 hr. 30 min.
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