Often high salaries and bonuses paid to executives and managers are associated with their exemplary performance. Evidently, achievements, competency and contributions to the betterment of a business are not factors important to Priority One Credit Union's Board of Directors. Under leadership of Chairperson, Diedra Harris-Brooks, the Board has deemed it prudent over the past five years to issue year-end-bonuses to President, Charles R. Wiggington, Sr. despite a well-documented history of business failures, abhorrent personal behaviors and indulgence in gossip and in scandals including sexual harassment.
In spite of having ended 2008, 2009, and 2010 with massive financial losses, the President and some members of his executive staff continued being paid hefty salaries and in some cases, bonuses. Beginning in 2008, the credit union's asset size plummeted by millions of dollars. In late 2010, the credit union began closing branches in a frantic effort to ensure net capital remained well above 6%. In 2010 the former Burbank Branch Manager filed a lawsuit against the credit union alleging she was subjected to age and racial discrimination. Since then the credit union has been sued by three other former employees and one former member. There is no arguing that under Charles R. Wiggington, Sr. the credit union's infrastructure has unraveled creating a dynamic addictively reliant upon expense reductions as key to the credit union's survival.
We recently obtained copies of the credit union's IRS Form 990 filings for 2010. As shown below, President Wiggington received Base Compensation in the amount of $151,221.00. It is undeniable that his salary is not based on the quality of his performance. He was also paid an additional $3223.00 for "retirement" and other compensation. He was also paid an additional $12,124.00 in "non-taxable benefits." The total paid to the President in 2010 was $166,568.00.
Line 19 of the filing discloses that in 2009, the credit union incurred losses of $5,458,432 and in 2010, losses totaling $563,830. Does Priority One Credit Union's Board of Directors maintain two separate standards of performance expectations for it's employees?
Since April 2012, we've reported that employees who failed to attain their assigned monthly quota for a one-month period would be issued a written warning. Failure to attain their assigned monthly sales quota for a consecutive two-month period would be issued a written warning and/or termination. In contrast, President Wiggington's inept business decisions have caused the losses of net assets, forced the closures of four branches, and caused the ruination of the credit union's once respected public reputation.
In spite of having ended 2008, 2009, and 2010 with massive financial losses, the President and some members of his executive staff continued being paid hefty salaries and in some cases, bonuses. Beginning in 2008, the credit union's asset size plummeted by millions of dollars. In late 2010, the credit union began closing branches in a frantic effort to ensure net capital remained well above 6%. In 2010 the former Burbank Branch Manager filed a lawsuit against the credit union alleging she was subjected to age and racial discrimination. Since then the credit union has been sued by three other former employees and one former member. There is no arguing that under Charles R. Wiggington, Sr. the credit union's infrastructure has unraveled creating a dynamic addictively reliant upon expense reductions as key to the credit union's survival.
We recently obtained copies of the credit union's IRS Form 990 filings for 2010. As shown below, President Wiggington received Base Compensation in the amount of $151,221.00. It is undeniable that his salary is not based on the quality of his performance. He was also paid an additional $3223.00 for "retirement" and other compensation. He was also paid an additional $12,124.00 in "non-taxable benefits." The total paid to the President in 2010 was $166,568.00.
Line 19 of the filing discloses that in 2009, the credit union incurred losses of $5,458,432 and in 2010, losses totaling $563,830. Does Priority One Credit Union's Board of Directors maintain two separate standards of performance expectations for it's employees?
Since April 2012, we've reported that employees who failed to attain their assigned monthly quota for a one-month period would be issued a written warning. Failure to attain their assigned monthly sales quota for a consecutive two-month period would be issued a written warning and/or termination. In contrast, President Wiggington's inept business decisions have caused the losses of net assets, forced the closures of four branches, and caused the ruination of the credit union's once respected public reputation.
TOP HEAVY
The filing also discloses that Senior Vice President, Rodger Smock, was paid $98,189 plus another $9763 in "estimated" compensation. We find it interesting that Mr. Smock's title is referenced as Senior Vice President in the IRS filing when at the credit union his title is Executive Vice President. What's more, he continues to serve as Director of Human Resources. Aside from the myriad of titles imbued upon the aged officer, what is it that he actually does at the credit union? His total salary amounted to $107,952. This seems steep and unreasonable when one considers it was Human Resources under leadership of Rodger Smock that created the opportunity for the filing of lawsuits by four former employees.
A common complaint amongst members is the increasingly difficulty in obtaining loans from the credit union. Since 2008, Priority One has implemented more stringent eligibility requirements making it more difficult for many members to obtain loans. A reason for introducing stricter rules was to reduce the incidence of bad loans. Bad loans are those which possess the potential of becoming delinquent and if unpaid, being written-off aka charge-offs. Thankfully, the rules that apply for most members aren't always enforced for officers of the credit union. The excerpt shown below is obtained from the credit union's Form 990 filing and references the names of officers who have loans obtained from Priority One Credit Union. Whenever an officer requests a loan, their application is reviewed by the Board of Directors though we've noticed that at no time has any officer been denied their request. And though all officers are to maintain excellent credit we know that some of the Directors and Supervisors have in recent years incurred negative/derogatory references on their credit report. Under Board Chair, Diedra Harris-Brooks, there is no enforcement of the credit union's by-laws which pertain to a Director's or Supervisor's credit history.
FAILURES AND MORE LIES
Earlier this year, President Wiggington ordered that all branches begin opening on Saturdays. The idea was the brainchild of CLO, Cindy Garvin, and a response to Foresee Consulting who suggested that opening longer hours would surely result in increased new business. It hasn't.
The credit union not only failed to see any increase in new business but the added hours resulted in increased spending on employee salaries and utilities. Last month, the credit union posted messages on it's website disclosing that branches would no longer open on Saturdays. As we've often reported, President Wiggington and his executive staff frequently implement strategies based upon their personal belief systems versus information obtained from actual studies.
In an effort to reduce spending, the President is more and more, utilizing the credit union's webpage as the primary means by which to keep members informed of important announcements. According to the President, this is reducing the amounts usually spent on postage.
Upon the advice of it's paid consultants, the credit union has now saturated the Internet with copies of President Wiggington's and Senior Vice President, Rodger Smock's, biographies. Reviewing each published history we immediately noticed exaggerations, omissions and inaccuracies. As usual, Charles R. Wiggington, Sr. and the Senior Vice President have chosen to embellish their past employment histories, including referencing non-existent accomplishments. President Wiggington's biographies state he has been President since 1992. This is completely untrue. He attended the retirement party for his predecessor in November 2006 and effective January 1, 2007, began his appointment as President. Mr. Smock states he studied business, marketing and psychology in the mid-1960's while attending the University of Cincinnati. He has for years said he majored in psychology but until just a few weeks ago and following publication of his biography, no one was aware that he ever allegedly studied marketing. If so, why has there been no evidence of his marketing skills at any time since he took over the department in 2008?
January 1, 2013, will also mark the 6th year anniversary in which Charles R. Wiggington, Sr.'s was appointed President and CEO of the shrinking credit union. Since his appointment, the credit union's net asset size has declined by approximately $14 million. 2012 also marked the first time in the credit union's over 80-year history that it was forced to lay-off and terminate a large contingent of full-time staff members. But don't expect 2013 to fare better for the declining credit union. The biggest impediment to reversing the credit union's financial woes is that the one person who set the organization's decline in motion, remains President and is expected by the ignorant Board of Directors to forge a solution for the mess he alone created.
LAWYERING 101
Priority One Credit Union's attorneys may not be bright and they certainly aren't ethical, but they are unscrupulous. Currently, the credit union's defense team is being headed by attorney, Paul F. Schimley, who leads the Employment Practices Department of Richardson, Harman, Ober PC, a Pasadena-based law firm.
Mr. Schimley also states that if the Plaintiff had been the victim of illegal acts perpetrated by her former supervisor, AVP, Sylvia Perez, then the Plaintiff failed to pursue all remedial channels available under credit union policy.
Mr. Schimley is intimately acquainted with the allegations contained in all the lawsuits filed by former employees. He is not so dull that he hasn't noticed the similarity in the accusations contained in each. What's more, on more than one occasion he has had to contact President Wiggington and Board Chair, Diedra Harris-Brooks, to remind them to stop divulging confidential information about the lawsuits.
The Burbank Branch Manager
In the lawsuit filed by the former Burbank Branch Manager, Mr. Schimley's firm planned a defense which not only impugned the manager's work ethic but would portray her as a racist who hates Latins. He also threatened numerous times, to file a motion seeking dismissal of the case. So if t there case was in essence "open and shut", then why did his firm contact the manager's attorney and ask to enter into settlement negotiations?
A Business Development Representative
The second, filed by a former Business Development Representative, alleged liable, sexual same-sex discrimination and failure by Human Resources to intervene in the abuses committed by President Wiggington and COO, Beatrice Walker.
Mr. Schimley contacted Eileen Cohen, an attorney at the firm of Joseph Lovretovich and Associates who were representing the former Business Development Representative. Ms. Cohen contacted the Plaintiff via email informing him that she is an associate of Mr. Schimley and that though her firm agreed to represent the Plaintiff in his lawsuit against Priority One, it had now been decided that after more than a year, that his allegations lacked merit and that he should enter into a settlement agreement with his former employer. Ms. Cohen's written admittance that she is an associate implies she has a relationship with Mr. Schimley. Whether professional and/or personal, doesn't it seem like a conflict of interest?
In the meantime, the Plaintiff received an email from Joseph Lovretovich, advising him that it had been decided he did not have a case against his former employer and that he must enter into a settlement agreement with Priority One Credit Union. So if the former employee didn't have a case against the credit union then how could he enter into a settlement agreement? No case should mean no settlement. Within the legal profession, back door dealings are common place amongst attorneys and in the case of Mr. Schimley and Mr. Lovretovich's associate, Eileen Cohen, admitted she was an "associate" of Mr. Schimley. The Plaintiff initially refused. Mr. Lovretovich threatened to file a motion requesting the court remove him as legal counsel in the Plaintiff's case. Evidently, Mr. Lovretovich and/or Ms. Cohen chose to violate confidentiality and contacted Mr. Schmiley, advising him that their "relationship" with the Plaintiff had ended. This of course was presumptuous on the part of Mr. Lovretovich, Ms. Cohen and even, Mr. Schimley as the dissolution of a relationship between an attorney and their client requires approval by the court.
Mr. Schimley, possessing the same disregard for confidentiality as does his client, Charles R. Wiggington, Sr., contacted the credit union. According to President Wiggington, Mr. Schimley was gleeful as he allegedly and inaccurately reported that the Plaintiff's attorney had resigned. Again, under the law, an attorney cannot resign without approval by the court. Nonetheless, President Wiggington conferred with Executive Vice President, Rodger Smock, and Director of Project Management, Yvonne Boutte, informing them that the attorney for the former Business Development Representative had resigned and the case was no over.
Mrs. Boutte returned to her office and informed Credit Resolutions Supervisor, Alex Suarez, that the case was over and the Plaintiff's attorney had resigned. Mrs. Suarez in turn, shared the information with her staff in the Credit Resolutions Department.
Priority MC, the handle used by a periodic poster on this blog, published a comment declaring that the Plaintiff's attorney had resigned and the case was officially over.
Mr. Schimley acted abhorrently, divulging highly confidential information which had not been approved by the court. Did he violate the state's code of conduct all attorneys are to required to abide to? Mr. Schimley prematurely assumed the Plaintiff's attorney's request to be dismissed would eventually be approved by the court though he had absolutely no evidence suggesting this would ever occur. What's more, the motion seeking to be remove as legal counsel was never filed by the Plaintiff's attorney bringing into scrutiny the ability to Mr. Schimley possesses to conduct himself in an ethical and respectable manner. Mr. Schimley's statements not only revealed the state of his personal ethics but unwittingly exposed the incompetence of the Plaintiff's own legal counsel.
At the time these events ensued we learned that the Plaintiff is in possession of several emails sent to him by his former attorney, Joseph Lovretovich, which threatened to file the motion with the court if he refused to enter into a settlement agreement. However, these were apparently not the only documented threats leveled by Mr. Lovretovich. The Plaintiff published a review on the Internet, describing his experience with Mr. Lovretovich's law firm. When Mr. Lovretovich discovered the Plaintiff's review, the sent another email to his former client, threatening to sue him for breaching the agreement entered into with the credit union. Clearly, Mr. Lovretovich failed to comprehend that the review criticized his law firm. Mr. Lovretovich seemed also glib to the fact that his threats contained in the emails sent to the Plaintiff had left him vulnerable to ethics charges which the Plaintiff could have filed with the state of California.
On a side note, Mr. Lovretovich's law firm eventually paid all taxes due on the settlement amount paid to their former client. This is hardly what a law firm does if their client had violated a settlement agreement or any state laws.
VALENCIA BRANCH MANAGER
In the third lawsuit filed against Priority One Credit Union, the former Valencia Branch Manager alleges she was retaliated against, harassed, subjected to a hostile working environment, subjected to slander, and sexually (same-sex) harassed by former COO, Beatrice Walker.
As he addictively does in all cases involving Priority One Credit Union, Mr. Schimley chose to skewer the Plaintiff's reputation. Earlier this year, the President revealed that it is imperative that the Valencia Branch Manager's lawsuit not proceed to court. Evidently, the President is afraid that Ms. Walker's acts committed while COO would become a matter of public record. He is also concerned that he and Human Resources would be depicted as purposely refusing to stop Ms. Walker's scathing personal campaign launched against the former Valencia Branch Manager.
According to statements made by President Wiggington, Mr. Schimley's handling of the third lawsuit is commencing along the same road traversed in his handling of the lawsuits filed by the former Burbank Branch Manager and the former Business Development Representative. He has tried to show that the branch manager was derelict in carrying our her assigned responsibilities but his efforts have hit a dead end.
The fact is, every one of the lawsuits litigated by Mr. Schimley has been settled despite his pre-settlement cries that the Plaintiff's cases lacked all merit to proceed to court. In December 2011, weeks after his firm informed President Wiggington that the Burbank Branch Manager's lawsuit would be dismissed by the court, Mr. Schimley scrambled to enter into settlement negotiations to avoid the case proceeding to trial.
What's more, no one believes that a company would voluntarily enter into a settlement agreement if a Plaintiff's lawsuit lacks all merit. In fact, what attorney would ever accept to represent any Plaintiff if their case didn't possess some merit?
A settlement agreement always contains language that the payment issued by the defendant is not an admittance of wrongdoing but realistically, why wold a defendant pay out a settlement if they are not guilty of wrongdoing?
Attorney, Paul F. Schimley's response to the lawsuit filed by a former Financial Services Representative ("FSR:") once assigned to the Burbank branch. Mr. Schimley's response is wordy and droll. We've chosen the following excerpts documenting Mr. Schmiley's response.Mr. Schimley provides nothing that could corroborate the integrity of any of his statements.
Mr. Schimley's statement that his client, the Defendant, "denies generally and specifically each and every allegations contained in the Complaint, and the whole thereof, and further denies Plaintiff has been damaged in any sum or sums whatsoever or at all" is of course, expected. Fortunately, Mr. Schimley will never be a pregnant female who despite her condition, was subjected to duress and harassed by a credit union that has developed a well-documented record of abuses of federal and state laws. Furthermore, wasn't President Charles R. Wiggington, Sr. found guilty of sexual harassment in 2008 and wasn't the evidence of his illegal act covered up by Board Chair, Diedra Harris-Brooks?
By the way, this is the pat answer also provided by Mr. Schimley in his responses to the lawsuits filed by the former Burbank Branch Manager and a former Business Development Representative. Mr. Schimley adds that because the lawsuit filed by the FSR fails to provide substantiating "facts" to justify the Plaintiff's complaint against his client.
In his Third Affirmative Defense, Mr. Schimley states that the former FSR failed to file her lawsuit within statutes of limitations allotted under state law. Under California Code of Civil Procedure §335.1 the Plaintiff had two years following the date of the incident in which to file her claim.
We've recently learned from our favorite source for information - President Wiggington, that Mr. Schimley has declared yet another victory against the FSR. We've, as mentioned previously, have previously heard Mr. Schimley's premature declarations to victories that just never pan out and so we have to view his latest exclamation as the verbalizations of a man who lacks the type of personal self-discipline that is associated with adults. According to the President, Mr. Schimley has described litigation against the former FSR as a "slam dunk.:" According to the President, Mr. Schimley has assured him that there is no way the Plaintiff's case can proceed to court because of her failure to file her lawsuit in a timely manner as allotted under California state law. Evidently the ignorant President doesn't understand that the final determinant in deciding whether or not any case has failed to be filed in a timely manner.
We've recently learned from our favorite source for information - President Wiggington, that Mr. Schimley has declared yet another victory against the FSR. We've, as mentioned previously, have previously heard Mr. Schimley's premature declarations to victories that just never pan out and so we have to view his latest exclamation as the verbalizations of a man who lacks the type of personal self-discipline that is associated with adults. According to the President, Mr. Schimley has described litigation against the former FSR as a "slam dunk.:" According to the President, Mr. Schimley has assured him that there is no way the Plaintiff's case can proceed to court because of her failure to file her lawsuit in a timely manner as allotted under California state law. Evidently the ignorant President doesn't understand that the final determinant in deciding whether or not any case has failed to be filed in a timely manner.
In his Fourth Affirmative Defense, Mr. Schimley writes that his client "acted in good faith and with an absence of malice towards Plaintiff."
The Plaintiff called and sent emails to Executive Vice President, Rodger Smock, reporting the abuses perpetrated against her by AVP, Sylvia Perez. Mr. Smock chose not to acknowledge, investigate or respond to her concerns.
The acts perpetrated by Mrs. Perez were witnessed by the entire Burbank branch staff. The staff urged the Plaintiff to contact Human Resources which she did but as stated previously, Rodger Smock chose to ignore all communications.
The Plaintiff conferred with her supervisor, Nidia Reyes, but the supervisors intercession were also ignored by Mr. Smock and by President, Rodger Smock.
Mr. Schimley's response intentionally and all too conspicuously ignores the fact that a total of four lawsuits have been filed by former employees, all of which level similar allegations of wrong doing perpetrated by the President and some of his executive and managerial staff.
Mr. Schimley's response attempts ever so feebly, to ignore the fact that over the years there have been dozens of complaints filed against both President Wiggington and Mrs. Perez. In fact, Mr. Schimley knows that the credit union has acted as maliciously in their treatment of employees as he has been in his treatment of the Plaintiffs.
Mr. Schimley's Fifth Affirmative Defense is nothing more than an unrealistic wish by the manipulative attorney that the court decide that the Plaintiff has failed to provide facts that justify awarding her part or all of the damages she is requesting be paid to her as a result of the abuses perpetrated against her by AVP, Sylvia Perez.
In his sixth and seventh Affirmative Defenses Mr. Schimley states that under state law, the credit union was allowed to terminate the FSR at anytime and without reason because she is an "at will" employee. Though he is correct that Priority One is an at-will employer, he is ever so weakly, trying to circumvent the fact that even at-will employers are not allowed to subject employees to harassment, retaliation or to create a hostile-working environment.
Of course, this again brings into question the ethics of the credit union who in 2008 purposely ignored evidence gathered by the investigator from EXTTI, Inc. which proved President Charles R. Wiggington, Sr. sexually harassed an employee. Does being an at-will employer allow employers to protect officers who violate federal law? Mr. Schimley may not be a forthright attorney and his methodologies may even be considered insidious with the legal community, but he should know it is illegal for any employee to discriminate against any employee on the basis of race, color, national origin, religion, sexual preference, gender, medical reasons such as pregnancy, childbirth or disabilities. The credit union is also not allowed to discriminate based on an employee’s disability, age (40 years or older), citizenship status, and genetic information. Additionally, under state law, the credit union is prohibited to discriminate based on marital status, sexual orientation, AIDS/HIV, medical condition, political activities or affiliations.
In his Eight Affirmative Defense Mr. Schimley states that the Plaintiff's claims are barred by the "doctrine of unclean hands." The doctrine of unclean hands is a rule of law that stipulates that a person who files a lawsuit and is asking for monetary relief must be innocent of wrongdoing or unfair conducted related to any of the accusations referenced in their lawsuit.
Mr. Schimley was presented with a record of written and verbal warning issued to the FSR by no other than AVP, Sylvia Perez. At the time the warnings were issued, the FSR responded by declaring that they were untrue and as stated previously, called and wrote to Executive Vice President and Director of Human Resources, Rodger Smock, who never responded.
Now the credit union is attempting to use documents containing allegations the FSR had previously declared untrue, to strengthen its defense. The issue now is that Priority One is again using fraudulent evidence to try and win it's case. This by the way, is not the first time Priority One uses fraudulent information to justify it's actions.
Mr. Schimley’s tactic is preemptive, possibly hoping to avoid depositions, discovery, and a costly and embarrassing court trial.
In his Ninth Affirmative Defense, Mr. Schimley asserts that the Plaintiff committed unlawful, wrongful and improper acts. Mr. Schimley's declaration of wrong doing is unaccompanied by facts. Mr.Schmiley uses the terms "misfeasance, malfeasance, or nonfeasance" to describe the alleged illegal acts and non-illegal violations of policy and procedures allegedly committed by the Plaintiff.
- Malfeasance is any act that is illegal or wrongful.
- Misfeasance is an act that is legal but improperly performed.
- Nonfeasance is a failure to act which results in harm.
Mr. Schimley's "evidence" is in part, the untrue and fraudulent acts allegedly committed by the FSR as documented by AVP, Sylvia Perez. Though untrue, the credit union is nonetheless using the fraudulent "evidence" in it's defense. In the past, Mrs. Perez with the help of Human Resources, documented untrue accusations against employees, resulting in their termination. She did this with a Branch Manager of the Van Nuys office and with a Business Development Representative assigned to the Burbank office.
One has to also wonder why the FSR was not terminated for her alleged illegal and non-illegal acts and instead fired for acts related to her pregnancy leave?
One has to also wonder why the FSR was not terminated for her alleged illegal and non-illegal acts and instead fired for acts related to her pregnancy leave?
In his tenth defense, attorney Schimley asserts that the injuries (or damages) suffered by the former FSR were the result of her own negligence, nonfeasance, and misfeasance. In other words, while serving as an employee she committed acts that though not illegal, caused injury to herself. She also acted in manner which resulted in harm and subsequently, led to her termination. Furthermore, she and/or a third person contributed in causing all or part of the injuries she sustained or which caused the credit union, harm.
Attorney Schimley states that Priority One Credit Union is thus, not liable to pay any percentage of damages as stipulated under California Civil Code, Section 1431, et. seq. (Proposition 51). The civil code limits the amount of damages the credit union might be liable to pay for any pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation alleged by the former FSR. In other words, Priority One has done nothing wrong and so it owes nothing to the former employee.
In his eleventh and twelfth defenses, attorney Schimley, declares his client will not pay damages for an physical or emotional injuries suffered by the Plaintiff, simply because the credit union didn’t commit the abuses described in the lawsuit. He further asserts that the FSR can have applied for Workers’ Compensation for any injuries that arose out of and during the course of her employment. Clearly, attorney Schimley is hoping to tap into remedy provisions provided under workers' compensation statutes which are designed to protect employers from common lawsuits filed by employees to recover for work-related injuries. By doing so, attorney Schimley is seeking to protect Priority One from larger damages that might be awarded should the credit union be found guilty of the charges leveled by the Plaintiff.
In recent years, courts have allowed judicial exceptions to workers’ compensation statutes. New standards now hold employer’s liable for harassment. The court should consider several factor including, if the alleged discrimination was severe and pervasive.
Attorney Schimley’s further requests that any order by the court order, demanding Priority One pay damages, be reduced by any compensation previously paid to the Plaintiff from other sources including workers’ compensation, disability, unemployment, or settlements derived from lawsuits filed against other parties.
In his sixteenth defense, Attorney Schimley argues that imposing punitive damages against the credit union is unconstitutional under state law as these could be construed as “excessive fines and penalties” and constitute “cruel and unusual punishment” and violate the credit union’s right to “due process and equal protection clauses.”
In his seventeenth defense, attorney Schimley states that the former FSR has not stated the truth and even if the allegations are true, the accusations are insufficient to justify the payment of punitive damages.
In his nineteenth defense, attorney Schimley asserts that the former FSR failed to use all of the venues allotted by the credit union under policy which might have resolved her grievances and brought an end to the alleged abuses committed by AVP, Sylvia Perez.
Attorney Schimley has been involved in litigation of the first, second, and third lawsuits. He, more than anyone else, is aware of the allegations contained in each complaint. He also knows, that the credit union refused to follow its own remedial channels and even allowed the harassment and abuse of many, now former employees while ensuring that the perpetrators go unpunished. This speaks volumes about the level of ethics governing the credit union’s efforts to vindicate itself from the allegations. There is also the subject of the many witnesses who have through the years observed the abuses committed by President Wiggington; former COO, Beatrice Walker; AVP, Sylvia Perez; and which were allowed to persist by both Executive Vice President, Rodger Smock; and Board Chair, Diedra Harris-Brooks.
In concluding, attorney Schimley reiterates that the former FSR failed to exhaust her administrative remedies which include contacting the credit union’s Human Resource Department and filing an official complaint. Attorney Schimley also asserts the credit union’s right to introduce any additional defenses as they are obtained or as allowed under the law, asking that the court not grant damages to the Plaintiff, to order she pay all attorney fees, and any additional fees, which would include court-related costs.
The former FSR (Plaintiff) is being represented, as shown below, by the Law Offices of Joseph Lovretovich. In April of this year, President Wiggington alleged that the attorney representing a former Business Development Representative was an associate of the credit union’s attorney, Robert F.Schimley, and bragged that the alleged association would prove a victory for the credit union in that lawsuit.
As we reported in our last two posts, the credit union was litigating a lawsuits (cross-complaint) filed by a member whose confidential information was published by an employee of the credit union and more than likely, an officer, on the Internet.
Bruce Needleman, the credit union’s collection and bankruptcy attorney was given what turned out to be, the unpleasant and possibly even over-whelming task of defending Priority One. Unfortunately, the area of law was apparently outside his scope of expertise and though he tried to litigate the lawsuit, stepped away. In November, following his failure to respond in a timely manner to certain filed motions, Mr. Needleman was replaced by Colleen A. Deziel (#164282) of the law firm of Anderson, McPharlin and Conners.
Within a few days, Ms. Deziel worked out an agreement though we’ve recently learned that the President and Board Chair, Diedra Harris-Brooks, refused to admit in writing, that an officer or employee of the credit union, ever posted the highly confidential information pertaining to the member’s Priority One automobile loan. Of course, one would have to be glib to believe that anyone but an officer would be privy to the highly confidential information which included knowledge of a lawsuit filed by Farmers Mutual Automobile Insurance, Inc. against the credit union; or the fact the member’s loan had been referred over to collection proceedings and afterwards, to collection and bankruptcy attorney, Normal Needleman. On November 15th, Mrs. Deziel presented the credit union’s best and final afterward which the credit union asserted was all they were willing to give. Attorney Deziel also stated that the credit union would be unable to executive a settlement agreement within the stringent deadline presented by the member.
Not so coincidentally, on November 27, 2012, the attorney arrived at the credit union’s main branch in South Pasadena, California, and conducted meetings with employees, advising them that credit union policy prohibits the disclosure of confidential member information- both verbally and published on the Internet. It is apparent, the attorney was duped by the credit union’s President, who over the years have been the single most violator of credit union’s policies and deservedly established a reputation for publicly verbalizing information which is deemed confidential by the credit union.
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116 comments:
All I can say is wow.
What a surprise Wigg bragging about how smart he is. He is so smart he's turned the credit union into a mess just like that house he lives in.
If P1 goes under looks like Gema could have a future in porn.
Thank you. Keep up the good work.
I love that Smock says he is a professional. Big lie. He's a moron. I worked with him for years and he's the worst. No ethics or morals and kissing Wigglenuts butt so he can keep his job. And Bea should never have been paid. She was a male Smock.
Aye chihuahua. Managment at P1 is a joke. Nice pics Gema. Notice how SEX is a big problem with management?
Nice house Wigg. You should leave your wife and move in with Smock.
My comment was published! I pointed out the picture on Gema's facebook.
I just went back and looked at the comment. Great call.
Thank you.
Nice to see the board is taking advantage of P1's rates. LOL.
Oh no, l can't believe Wigg and Smock would ever lie. I mean they are such professionals and they care so much. They are the bestest plus the always give to their favorite charity.... themselves.
I know Charles is an idiot but where else is a big mouth incompetent going to get paid $150G's for doing shit? Charley you need to thank the all Black board for giving you a salary you sure don't deserve. And l guess Smock is smart. Guess kissing booty does payoff.
Nice pic of Gema. What's next photos of Wigg and Smock in speedos?
So is the credit union settling with Theresa or not? I don't understand what she did that wsa wrong. I remember Sylvia calling Smock a lot and complaining but Sylvia was a horrible person to work for anyway. And what happened to Sylvia? I thought she was out on medical leave for stress? Is she still stressed. Its been 6 months.
Amazing.
I can't believe Bea was paid that much money. They fire good people and and pay the bib bucks to the worst. Wigg has been robbing the credit union. He gets paid for sitting on his ass and turning the credit union into a slum. Bea is gone but she is still costing money even after she helped ruin the business. We haven't needed Rodger for years he doesnt do a damn thing but sill gets a big salary. Same foe West. He heads HR but he covers up complaints and doesn't do anything to make a better working place. Loans are down. We don't advertise and members complain about how bad we are. A lot of people have closed accounts and alot have transferred their loans to other banks. I've talked to members who hate coming to the main office. A lot of members have opened accounts at other credit unions but Wigg and his dogs are still getting paid big money for ruining the place.
After so many years I don't understand why Wigg is still president and I'm not the only one that feels that way. If Wigg wanted to be famous he is. He's the talk all around the industry. This blog is the worst kept secret. It really shows you that even if you're poison to a company you can still keep your job and get paid the big bucks as long as you got a horrible board watching your back.
Can you post on here where someone can get copies of the 990 reports?
Wigg doesn't care except about what he wants. We don't take care of our SEGs or post offices anymore. Cindy doesn't know anything about business development even though that was of the things she did at her last job.
I guess Gema does have a future but not at a credit union.
Wigg needs to trade houses with Miss Smock.
I saw the new webpage and the recording offers you loans while you wait and wait and wait. What about service? A lot of us have closed our accounts because calling them is a bear. The credit union has been going down hill for a long time and its not what it used to be but I only have one loan left with them and when I pay it off I'm outta there.
Service has been bad for a long time. I called yesterday and after a long wait the woman answering the phone rushed thru a script trying to sell me a loan. They even sound stressed and too pushy.
Wigg knows he is going to have to close Santa Clarita next year. The office makes no business and we don't have staff to send there. We have an fsr and teller. They're not managers so they take lunch at the same time which means no one is in the the branch for 1 hour each day. They can do that because the place is a ghost town. Anyway most loans get denied because of bad credit and high debt ratio. Cindy is going out and bringing business because she has all branches to supervise. This place is loosing money but if they fire people like they did a few months ago they won't have any one left who knows the business.
Wonder if Wigg is going to get a bonus this year? Rain or shine, the board gives him and Smock one every year.
Of course he's going to get a bonus. They've been paying them to him since he became President. In 2007 they did okay only because Mr. Harris left the cu in great condition. 2008 they didn't do well but Charles promised the board things would improve by 2009. The nexst year things got worse but he and Bea told them during a board meeting that things would be better and they could expect big time profit by the middle of 2010. By the end of 2010 the board got worried because they heard rumors Bea was a racist and lesbo plus everything she did was turning to shit. 2011 they got rid of her and Charles told the board that now that Bea was gone things would get better but they ended up losing Burbank and the complaints about the call center went off the hook. So now at the end of 2012, business sucks, they're smaller and Charles promised the board that with the new webpage and the new apps business is going to improve. Yawn....
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There are a lot of us who closed our accounts and moved to Logix. They stopped servicing us and they don't send reps to us anymore. Why bank with them when they're not there for you.
That's ONE of the problems. All branches get so many complaints but Wigg doesn't fix them. In fact he doesn't want to hear about it and neither does Smock, Yvonne, or Cindy. You think they know that if you don't fix the problem then complaints aren't going to go away.
They don't care as long as they get their fat paychecks and bonus'. They are all the worst kind of people you'll ever have the bad luck of meeting.
Its been more than 4 years since most of us got a raise. Wigg didn't know the cost of living went up.
Don't expect raises this year. Wigg got rid of long time employees and replaced them with lower paying employees and temps. Some of of the new employees quit and one went out on medical leave because of the horrible management. At best the place is where you need a temp job but few people want to stay there. Worst managers you'll ever meet.
I'm sure that house Wigg lives in costs a lot and raising a young man isn't cheap, ask Smock.
Wonder who's going to sue in 2013? Wigg walks around acting like everything is great. He is stupid.
I want to wish to good employees at Priority One a Merry Christmas and hope that your situation will improve in 2013 and that hopefully, Wiggington and his gang will leave and let your prosper.
The board is hoping another credit union will take over because they know the credit union can't go another year like its been doing unless they continue to close branches.
What do they have to offer? They're losing popularity and they have a horrible work environment. Their reputation is crap. Good luck if they want to get somone to pick them up. Too bad, used be a nice place.
MERRY XMAS EVERYONE!! HAPPY NEW YEAR AND HOPEFULLY ONE FREE OF SMOCK, WIGGINGTON, DIEDRA, YVONNE, ALEX, ETC.!!!!
Talk about a fiscal cliff.
Our new phone system sucks too. All branches are getting complaints from members that they are waiting 10 to 20 minutes for someone to answer but no one knows what's causing the problems. Plus Wigg doesn't want to hear the complaints. Guess he's stressing.
It's not a new phone system. It's the same phone system with the same old problems. They must have lots of money because each time they call techs out they pay buko bucks and the problem is still not fixed.
My sister called at 1:55 today and said his call didn't get answered until 2:12. He said you call to get information about your account and end you end up complaining about the horrible service.
CINDY GARVIN GOT FIRED TODAY!! OCTOBER, NOVEMBER AND DECEMBER SUCKED IN BUSINESS. GUESS SHE DIDN'T HAVE WHAT IT TAKES TO CLEAN UP WIGGINGTON'S MESSES.
Everyone's shocked at our office but she didn't do anything to make business better. To John... you hit the nail on the head! She wasn't doing a thing. But its not her fault because she came to a jacked up credit union to was supposed to take care of all of Wigg's f*ck ups. Like anyone can clean up his mess. She was able to blame employees that's why so many got fired. Then she started blaming Joseph but he took off on medical leave so she wouldn't fire him too. Sylvia left to because she was afraid Cindy was going to can her. Fact is, Joseph and Sylvia should get fired. Now that she was alone with no one to blame it all came down to her but really the one who is at fault is Wigg. He doesn't do a damn thing, he doesn't care about members or employees and he's lazy and useless. You can throw Rodger into the mix because that old woman knows nothing about business. So now that she's fired, is Wigg going to start working or bring in lots of new business?
Cindy got canned? So who is Diedra going to hire to replace her? Diedra hired ugly old Bea Walker because she was supposed to make business good. She fired the bad apples but business got worse. Then they hired Cindy. She got rid of employees who she said weren't pulling her weight. Both of these losers are fired but Wigg the one person who destroyed the credit union is still working. Fire his tired ass if you want to make things better.
Another Wiggington failure.
Sylvia, you don't have to hide anymore (except maybe from Theresa Haddad). You can come back to work though no one likes you and they don't need an avp anymore.
After all is said and done isn't it the CEO who is responsible for new business and not the CLO, COO or AVP's?
They should fire stupid Yvonne, Alex, Wigg, Smock, West, and Gema next.
Wonder if Yvonne thinks they'll give her Cindy's job?
Wigg is a dumbass. He hired Bea and fat boy Rodger told employees she was an expert in business development, operations and marketing. Turned out she knew squat and then Wigg fired her. He replaced her with Cindy and Smock sent out notice that she was an expert in business development, loans and marketing. She brought in her friends, fired a lot of employees and made a bunch of stupid decisions. Wigg is an idiot and Smock is a liar. They have both cost us so much money.
Does this mean Joseph is coming back? What about Sylvia and Virginia?
Wigg your the world's dumbest blackman.
Joseph? I thought he was working somewhere else.
Yvonne is taking over the L.A. and South Pas operations. Guess she finally got what she wanted. Trouble is she doesn't know shit about member services plus she treats employees like their slaves. When she supervised collections she didn't do anything to bring down delinquencies. She has been managing the call center for a year and its worse than ever. She is horrible to members and talks to employees like their dirt. She is the one that put stupid awful Alex in charge of collections. Since then they refer a lot of people to collections whenever the credit union posts payments late. We have to reverse the late fees whenever members call to complain. Patti is going to be over loans. She might know loans but her attitude sucks eggs. Lets see if she goes back to talking down to employees. Anybody see where this is going? Its a train wreck.
Did Yvonne get a new title? That's amazing. She doesn't do anything and she's so ignorant. Notice how they keep Wiggington and Yvonne who are black but they got rid of Bea and Cindy who are White. Coincidence? Hardly.
Yvonne doesn't know anything. She'll tell you she knows a lot and she sticks her nose in everything but she is nothing but a two faced backstabber. She should of been shown the door a long time ago except she got the ignorant black board tied around her finger. She and Alex run a game on members. Members who have automatic payments set up on their loans don't have enough money in their accounts because Pl posts automatic deposits late. Then the member gets charged a late fee and sent to collections. Yvonne and Alex know its the credit union's fault but they don't care. Members call mad and the late charge has to be backed out. They cause more work on employees and cause members so many problems.
Wasn't Patti over loans before? What's wrong with Wiggington? He runs the CU like he keeps up that shack he lives in.
You guys shouldn't be so hard on Yvonne. Sure she never did anything while in collections but that's only because she dreamed about becoming an executive. After all at what other credit union could she ever become an executive? And sure she isn't qualified to be an AVP but she's a wanna be COO trapped in a collection clerk's body. With her and Wigg at the helm Priority 1 should be out of business in ten months.
They fired Cindy? Finally. That woman didn't do anything that was good for the credit union.
I didn't like Cindy but they should have fired Charles. There is no way anyone can fix the messes Charles made. If Rodger were a real VP (wink wink)then why hasn't he helped fix the problems? And if Yvonne were the genius she pretends to be then how come she hasn't done one single thing to bring in new business? Charles is such a coward he'll never admit he's the one who wrecked the credit union.
Wiggington is truly the most stupid man in the entire industry. He's hired 2 women to bring in new business and fix his mistakes and they're both fired. He got rid of all the knowledgeable employees and now has a bunch of newbies who haven't been trained properly. Can this be why service is getting worse and why old time members are closing their accounts?
He sets everyone up for failure just to cover his ass.
I worked there for three weeks and hated it. The place is run like a sweat shop and management is the worst I ever saw. Yvonne shouldn't be in charge of people. She's just nasty. Good luck because they need it.
Hey Wigg remember when you were drinking at the hall telling us how you were going to make priority grow because Harris didn't know what he was doing but you did? Guess you were wrong.
I went to South Pasadena today. What a ghost town. I hope 2013 means Wig being kicked to the curb and maybe a thin chance of saving the credit union.
HAPPY NEW YEAR!!!
OMG! I cannot believe this credit union is still exist. This is the worst place ever to work. Besides the good employees and there are only a few, the real losers here are the postal employees. They don't deserve this!
Finally after so many years a lot of postal carriers have seen the light and see that Prez Wig is no one's friend and doesn't care for members. The only reason this credit union is still around is because he cuts back on everything. If they make it another year that will be a miracle.
They had good employees but Wigg and Miss Smock decided to get rid of all the smart employees and keep the dumb managers.
Things are getting worse even if Wigg tries to make it seem like we're okay. Business is down and so many people are complaining about our bad service. They say we don't answer phones, they hate our fees, and the late fees we charge even when they're not late. It is harder to get people to open accounts and postal people who used to really like us, don't like us no more.
Bares repeating:
"OMG! I cannot believe this credit union is still exist. This is the worst place ever to work. Besides the good employees and there are only a few, the real losers here are the postal employees. They don't deserve this!"
I predict the credit union will merge by the end of 2013 cause no way no how they can stay in business unless they close more branches and fire more people. Their service already is bad and that web page isn't cutting it. Plus Wigg said that the lawsuits have been taking a toll out of the credit union. Maybe nobody would of sued if he had decided to act like an adult.
Your predicting the obvious.
I can't believe they fired Cindy. She wasn't great but they put a lot of pressure on her. The ones who should of got fired are Wigg and Smock. Those two are a disgrace and so bad for business. They don't train and they push sales but how can employees sell if they aren't shown how to sell in addition to all their other responsibilities?
They'll NEVER fix the problems as long as Wiggington is president. Its just never going to happen. Colleen and Hector are the only ones answering the phones in the call center. Lazy Gema sends Mina and Vee to help but she hasn't trained them. Yvonne lets Lorena and Genevieve go to but that leaves member services short-staffed. Yvonne doesn't know anything about planning. She's disorganized and doesn't see a problem. Gema is useless. She knows procedure but most of what she does is looking at her phone making sure people are answering calls. At other companies the supervisor of the call center answers phones when there's a big amount of incoming calls but of course, not at at this credit union.
Does anybody remember when they were an award winning credit union? That was way before Charles became President.
And most of P1's Awards were for Marketing which was under the direction of Maggie Rios who held that position for at least 15 years.
All the awards they won were before charles became president. It says a lot about him when you see that since he became president the credit union has never won any awards. Actually it says about useless smock. If smock had a degree in marketing like he says, then how come their marketing and advertising sucks? And if if he had a degree in marketing why did they hire a marketing specialist? Answer- because he doesn't have a degree in marketing. Its just more charles and smock bullshit. Charles even is trying to save money by not mailing out information to members and instead publishing it on the credit union website. Stupid because not every member looks at the website.
Every time you guys publish, we talk about everything that's going on at P1. Most of wonder why they haven't fired the board because that's the big problem. The president should have been fired but the board should have been removed a long time ago. It doesn't make sense how they can still be there.
Patti is already improving things in the loan department. Cindy made a big mess which Patti is cleaning up. We're actually reviewing apps faster. It really goes to show how stupid Wigg is. He had Patti all this time but he goes and spends tons of money on hiring Cindy when he could have saved money and given good service. I hope he gets the boot this year because enough is enough.
Patti is good at loans but her attitude sucks but she probably knows loans better than Cindy.
They used to have resources but Wigg fired them. He's a MORON! They have some resources now, but not many and some of the ones like Gema, are lazy and don't do anything. Yeah, Yvonne is way quieter because she jacked up that lawsuit filed by the member. She thought she would show the company that she could stop it but she screwed up and made it worse. Cindy was useless from the get go but the credit union didn't listen and they let her have her way until they paid her more than $70,000 from the date she got hired to the date she got fired. West doesn't know a thing about operations or HR but he's still there protected by his boyfriend, Wigg. They don't have the talent anymore. Patti has the knowledge but she's stingy about sharing it. Job security I guess. Anyway, she might actually do some good but won't do as much good as long as Wigg is there because he's like poison to good business.
Doesn't matter what they have because Wigg will always screw everything up. They fired Cindy because sales were down but that was Wiggs fault and no one else. Alex thinks she's slick because collections knows the credit union doesn't post deposits on time. That causes scheduled payments to bounce and they get charged a late fee. Wigg knows its true and so do Yvonne and Alex. Its dishonest but thats how the try to get money in. Some members complain and we back out money but a lot don't catch it.
So they settled the member's lawsuit? Wigg's letter denies he had anything to do with the information someone posted about the member. He says he or the CU didn't "authorize anyone within the credit union to write or disclose any material concerned Ms. Sharnese, defamatory or otherwise" and that he didn't "disclose any information concerning any account or loan Ms. Sharnese may have had with it, nor did it alleged that Ms. Sharnese "ran with her car."
That's another Wigg lie. Anyway, its not possible that the credit union didn't publish the information. The information had to come from either Yvonne, Alex, Wigg or maybe a collections person. No one else could have known about the member's account or about her car. So what is Wigg trying to say that someone who is not an employee went on to the blog and published information about the member that only a manager would know about? Please Wigg, you could have maybe thought of something that didn't look like another one of your lies!
Figures. Great way to the start 2013. I can't wait to see what Wigg does next.
I wouldn't expect any changes. Wigg is too stupid to make things better. When he fired Cindy he should of fired himself.
Wigg needs to give it up. Everything he's accused of proves to be true. Another settlement showing everyone that this is one sick president. This will be his last job anywhere, unless he sets up a table at Central and Florence selling t-shirts. What a loser!
Thanks for taking the time to discuss this, I feel strongly about it and love learning more on this topic.
I think the only way Wigg will leave is if he drops dead. Looking at how fat he's getting, I guess he's recovered. Plus he told us that he's getting an ATM installed at the main office. I don't know how he swung that since in the past the city hasn't let us do that. He says he already got approval.
Wigg is a lying sack of SH!T
He's crazy. He still talks and talks about what he's going to do in 2013. He's had years to prove everything he says. He's just a big mouth president whose brain dead.
2013 should either be the year they close or they merge. Two weeks ago Wigg started saying we're going to be able to start getting members in South Pasadena. Where in South Pasadena? He also says we're getting an ATM at the main office. So how is that supposed to bring in big money? He's stupid and will always be stupid. We get so many complaints from members about everything. So many have closed their accounts and people are fed up. Must be nice that Wigg can sit in his office, not answer phones, not help people and collect a big paycheck he doesn't deserve. And we still have to make our sales goals but no one has gotten written up or fired. If I was the employees he fired last year for not making their number I'd file a class action lawsuit because he is using double standards.
I've been reading this blog for about a year. Just want to tell you that you do a great job but I can't understand why this guy is still president.
My co-workers complain about the terrible service. No one I know ever wants to go to the main office. They say the people look miserable and unfriendly. There's a teller who always looks miserable and no one really smiles or offers to help. You call and it takes so long before someone answers. Sometimes your on break and thats the only time you can call and you spend 15 minutes waiting for anyone to answer. Then when they do, they start trying to sell you loans. If you don't want a loan you get rushed off the phone. If you ask to speak to a supervisor, they don't want to put you through. You definitely can never speak to the president and I know they never want to give you the extensions for people you can complain to. Plus you apply for a loan and you can't meet their requirements. I was told by a person at the Van Nuys office that the credit union doesn't like giving out personal loans because they're unsecured. Well then why offer them? When Mr Harris was there they were great. Wiggington is a symbol for the worst things in management and a lot of workers can't stand him for making a lot of people lose their jobs. That credit union will never be what it used to be.
Spot on John.
I remember that last year the DFI said they were going to start requiring that board members test to make sure they understood financials and were qualified to serve on a board. Looking at P1 its obvious the DFI hasn't done its job because there is no way Hale, Saffold,Gathers or even Diedra could pass any test. I know Diedra got a degree in Word at University of Phoenix and I know Saffold hasn't gone to school since 1812 plus Saffold hasn't been able to pass the bar exam 4 times. As for Hale he's just a moron.
Esmeralda got back last week, so backstabbing should escalate again. Joseph is supposed to come back tomorrow and he might now that Cindy got canned. Then again maybe he got another job somewhere else. And I heard Sylvia Perez wants to comeback to work now that they got rid of her enemy Cindy. That should be interesting as we don't need 2 useless AVPs. Maybe they can make them tellers. HR worked okay without Esmeralda even thought West didn't do anything while she was away so maybe they can get rid of Esmeralda or West.
Esmeralda still works there? LOL. Talk about dead weight. They have a lot of that around the credit union. West is useless. The man (and I use the term very loosely) is a putz with nothing going for him. I didn't care for Cindy but they should of got rid of Wigg, Smock, West and even Esmeralda instead of Cindy.
Joseph is back. Guess he couldn't find a job somewhere else. And this morning I heard Sylvia is coming back. Now let's see... Cindy leaves and Sylvia and Joseph come running back. Wonder if Joseph is going to start using his company PC to search for jobs or does he plan on staying awhile?
Sylvia is coming back??? LOL. She is such a coward! She took off because she was afraid of Cindy not because she was sick. For years that bitch lied about employees and got so many fired but when she couldn't make her numbers, she took of running. That's a hoot. Sylvia Perez is the worst and a liar. For years she bragged about all the business she brought in but the minute they gave everybody quotas, she runs away yelling that Cindy hates her and that she knows Cindy is out to get her. Priority One is really a credit union for misfits. Maybe they should change their name to Tard CU.
I don't know what Joseph's going to do now that he's back. Even Wigg knows he's useless when it comes to getting new business. Today he's been trying to make contacts but no one is responding to him. Members and employees don't like him so anything he does is going to fail. No lie just fact.
Either this stuff is all made up or this is the worst credit union in the world. Everybody has problems at every company but this place sounds like a nightmare. Hope the pay is at least good.
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Do you guys at P1 know what your regs are? When a person has fraud reported on their account, do you know anything about giving them provisional credit? Look the regulation up! You need to become familiar with your regulations. And do you guys ever answer your phones?
They don't answer their phones or they sound pissed when you do get someone. They act like they're bothered. And forget asking for a supervisor. They refuse to give you the supervisor names or extensions. What a chump company.
Last November and December business was down that's why he fired Cindy. Unloading her gets rid of her salary plus it makes him look like he took care of the problem. I blame Diedra. I'm surprised that woman can dress herself. Get rid of her and you cure the credit union.
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