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Mr. Rubio picked up the phone. I told Mr. Rubio that due to the information <br />he had given me the day before, the City was denying his claim on industrial <br />injury. He said, "Why?" I told him "horseplay" was not covered under the <br />industrial coverage, and he would have to make an appointment with his own <br />Medical Provider. He said "What does horseplay mean? I would say this is a <br />lot more serious than `horseplay'. " I said "Yes, it is now, but you told me <br />yesterday that this started out with you and Victor playing around and then <br />Victor would not stop pushing your finger back. " Then, Mr. Rubio said, "I <br />can't be responsible for what I said yesterday. I was hurt and in shock. After <br />all, that guy broke my finger on purpose. " <br />I told Mr. Rubio that I was sorry that this happened and I felt bad for him, and <br />told him to please make an appointment with his doctor as soon as possible. He <br />said that he would. <br />Maylon was given a written Notice of Termination. In addition. to the Rubio <br />incident the City Manager stated in the Notice of Termination to Maylon as follows: <br />In deciding to terminate your employment, I have also taken into account the following, <br />which indicates a pattern of abusive conduct towards others: <br />1. On September 11, 1989, you were suspended for insubordination <br />and abusive conduct towards your supervisor; and <br />2. Your most recent Performance Evaluation, dated December <br />18, 1989, indicates weakness in the area of getting <br />along with your fellow employees; and <br />3. The statement of Anthony Siegfried, dated November <br />19, 1990, wherein it is alleged that you grabbed Mr. <br />Siegfried by the collar and backed him up against a <br />a truck as a result of a job dispute between the two <br />of you; and <br />4. The statement of James Medina, dated November 19, 1990, <br />wherein Mr. Medina states that he avoids you as a <br />result of your temper tantrums. <br />Written documents relative to those four other matters were attached to that Notice and are <br />also attached to this report. Maylon disputes material factual allegations made in the attached <br />documents referred to by the City Manager. Maylon and other witnesses, testified to various <br />versions of the events described in those documents. <br />-3- <br />