that she was a great asset to the southern california team in january two thousand to jihad the highest number of quarters in the southern california region orders were not failed i believe that's true so says she she got the orders but for whatever reasons and i don't know what they are they didn't you never quite got it on the dotted line yes rahner but  at her direction without specification as to the time is extremely broad and states that they were prepared at her direction it does not provide state how the the data was gathered it prepare the documents she just doesn't buy that they were prepared at her direction we have no information as to the trustworthiness of the information contained in the documents any of the managers in the region  documentary evidence of that affidavit or next generation that give us sort of some foundation for that comparative statement we do not have the those documents which he refers to enter directory i see and you don't have maybe this is outside the record and a difficult question for you to answer you don't have them because you never asked for them i mean why why don't why don't we have these things we did ask document requests expanse of the enough to  bring have those produced i do not remember and the particular reason that they weren't produced  held the timing is a critical issue in terms of looking at pretext of smith was fired two days after she faxed human resources a note from her doctor that she needed  documents that they said they relied on in terminating her because we don't know whose decision her whose mind to try to get into the so that is a very heated element  kept updated and relied upon throughout our reviews of the sales force and regular meetings with the sales president we used these reports to track specific performance criteria to follow trends in th sales of individual account managers to rank all of you count managers performance and to create specific action plans for underperforming account managers these exhibits particularly exhibit twenty eight is exactly the business records are many of them are included in the excerpts of the record these were all the in the course of discovering all these sales records throughout the nation were provided to the plaintiff i suppose  prepared my correction of stale three hole through maybe three two thousand and two she was she said that her declaration and she said of her deposition that they were looking at the actual sales numbers that are generated as a routine business record by the company other margin for the current year that's forty percent there is a column for weekly starts and accounts for ten percent and then for weekly job requisitions and then i never column ten percent for the weekly start so the company did make a distinction between did you get the order into the order gets built they got some credit for getting the order and they didn't get to be got field and they got more credit and by the way the issue of filling the orders if i ask you i want to give three hundred hitter who's going to get twenty five home court already recognizes there is no comparative information her sales volume may have gone up her commissions may have gone up but everyone else's commissions may have gone up even more so the i went up a certain percentage from year to year is not particularly remarkable since they changed the system over water and since they were reducing the overall size of the sales force and attempting to push a situation where the average sales person was earning with selling only two million dollars a service that was more the average sales person was selling four million dollars in play from one hundred forty four down to forty five sales people company show that you know face of four years they lost seventy million dollars their sales dropped almost and their network went from seventy million dollars to five you know you know there's a there's a reduction there's a famous and i b case that i remember from law school name of which i can't remember him but the facts are quite striking and it was given as an as a lesson for a particular an example of well he might have been first he might have been a perfectly dreadful employee but given that he was immediately fired only after a join the union it appears that they fired him for an impermissible reason now what do supervisor don't call each year are you open up a can of worms down there and then two days after she requested additional time because of the complications of the first to say that that takes into consideration then that she might not have been the ideal employee or that she might have been even a perfectly good school employee i don't characterize now to just that there are several or several responses to that first of  all before she became pregnant in january of two thousand and one she was put on probation and a performance improvement plan because her performance was on satisfactory her supervisor at that time was a woman by the name of sidney one october of two thousand and one there was a vacancy in that direct supervisory position as a result of performance pain expired smith's annual contract automatically renewed and by the time a new supervisor came in marc necklace it was october two thousand and one at that time ms smith was already pregnant so the idea that she was not criticizing in copal rated prior to her pregnancy is incorrect i think i was among the early she was not terminated during record time but it's also undisputed that in two thousand and one after minors on when she's being terminated because all the other or not all many of the other most of the others that were terminated because of the business downturn and in that context i'm satisfactory performance i had already been terminated why wasn't she terminat think they in their in their minds that was a commitment to pay them for another twelve months you know i'm asking you a different question could they legally have terminated her during their contractual period for us as factor performance to keep in mind on the timing question and that is all both mr clayton argue that you know she was terminated shortly after a doctor's note with you which is true this was ten thousand and one even if others had been terminated the same time she would argue well i just told you i was pregnant and had we had the company waited until july i said she was going to return in the middle of july and say ok you're back doctor's evidence you know this may turn out to be a down syndrome child this last trimester of pregnancy is going to be very difficult this is a bad time for me to be doing those are they give her the optimal you can reduce your time less than forty hours she says no i prefer to keep it  additional four weeks of that's quite how to characterize it she's finally terminated after she had been given his family deservedly reports very clear instructions as to how she was going to be given a chance to improve their chance to  never actually given to her even though in some of those early reports it was well when you come back from the delivery of the child then we can work to help you closer what do you know the various things that are set why why is that not enough to go to the jury because the timing of it as i said was dictated by the end date of her well that's what you say correct and that's that's what is uncontroverted well now it is a country road and the finding to terms of the timing though again if you look at exhibit twenty eight it does show that many other people were terminated two thousand and two and were how many well we could start with brenda smith in which in which that was said and you know there is a third a fine line between telling people you know i know you can do it but you've got to get your sales up to saying that hey you know you're a total flop and i'm from the way that they were made in a collaborative context that that the the process that was followed is that there were meetings and telephone calls between miners with minors with  that he participated in the decision as its share of kenny and today on bail and said i was as i was told time later go there's no question of that's what he said and and from his motivating factor there is no evidence on the record here that any of these other employees complained that they were being singled out for the pregnancy so what we have here though the dual issues the employment agreement having expressed language for germination for and satisfactory form is certainly there and with respect to the exhibit twenty