Alvaran v. Mashantucket Pequot Gaming Enterprise
A slot attendant who allegedly submits an inaccurate jackpot slip, after receipt of progressive discipline that includes counseling, written warnings, suspensions and final warnings, can be discharged. Allegedly, the plaintiff, Gemma Alvaran, worked as a slot attendant at Foxwoods Resort Casino and was discharged, because entries on jackpot slips were not written accurately and legibly in black ink. The chief executive officer found that on Feb. 27, 2011, Alvaran completed a jackpot slip that was inaccurate and that was not legible. Previously, Alvaran had received progressive discipline that included counseling, written warnings, suspensions and final warnings. The chief executive officer wrote, "While she may not understand some aspects of her job, I do believe she is capable of writing legibly but repeatedly chooses not to do so. This is unacceptable and causes an undue burden on our patrons and other employees." Alvaran appealed to the Mashantucket Pequot Tribal Court and argued that discharge was arbitrary and unreasonable. "The question before this court is not whether it would have reached the same conclusion as the President/CEO of the Gaming Enterprise, but whether the record supports the action taken," pursuant to Loesche v. Mashantucket Pequot Gaming Enterprise, a 1995 decision of the Mashantucket Pequot Tribal Court. There was evidence that Alvaran completed the jackpot slips accurately during training sessions and that there were numerous attempts to persuade Alvaran to write clearly and legibly during the work day. The chief executive officer considered mitigating circumstances. Substantial evidence in the record supported the chief executive officer's conclusion that the plaintiff was capable of writing clearly and legibly, and that the plaintiff violated performance standards. The Mashantucket Pequot Tribal Court dismissed the plaintiff's appeal.