The commission ruled in October that there was no proof that former Teton Motors employee David Dell deliberately drew the penis and intentionally gave it to a female customer.
Teton Motors is challenging the decision and claims that it is “adversely affected” by having to pay a portion of Dell’s unemployment benefits.
According to Dell’s files from the Department of Workforce Services, this is what happened:
“The same woman came to the dealership interested in buying a car and spoke with Dell. At the end of the meeting, Dell handed her his business card. The card had a drawing of a penis on the back, which Dell claims he did not realize at the time. He tried to follow up with the woman, but she hung up on him… Six months later, the female customer contacted Teton Motors interested in a car she’d seen online. The person assisting her tried to direct her to Dell, but she refused to work with him, citing the penis incident as her reason. Shortly after that, Teton Motors fired Dell.”
The case hinges on the issue of who drew the penis.
Dell’s lawyer, Pamela Parkins, claims that another employee who was fired at the same time as her client drew the offensive picture.
Parkins said that the employee was always “messing with” Dell’s business cards.
Teton Motors is requesting that Dell be ruled ineligible for unemployment benefits and be required to pay back any benefits he received.
[Jackson Hole News & Guide]