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Fouzia Seedat Misconducts Law Suit vs US Bank

The Misconduct InvestigationAfter her return from the second FMLA leave, three events prompted U.S. Bank to investigate Retamozo for misconduct in violation of U.S. Bank’s Code of Ethics. During the first incident on January 21, 2020, Retamozo showed Michael Barnes, an employee who directly reported to Retamozo, photos of herself and her fiancé. [Dkt. No. 80 at¶¶ 46–48.] Retamozo admits that the photos she showed Barnes depicted her exposed belly and her fiancé’s bare chest. [Dkt. No. 86 at ¶ 25.] U.S. Bank maintains that the images were nude photos of Retamozo and her fiancé in sexual pose.

U.S. Bank contends that Retamozo lied on her job application, and had it known this, it would have terminated her. [Dkt. No. 75 at 15.] In support, it relies on Cromwell’s declaration, the person who interviewed, hired, and then supervised Retamozo until early 2019.9 [Dkt. No. 75 at 2–3, 15.] In her employment application, Retamozo was asked: “If you have ever been discharged, suspended terminated, resigned without notice, or allowed to resign prior to termination in conjunction with previous employment, please describe the circumstances below (if not applicable enter ‘n/a’).” [Dkt. No. 74-48 at ¶ 3.] Retamozo responded that her then “current job” was with 21st Century Financial Services, LLC