Penis drawn on business card is key to Wyoming legal battle over unemployment benefits
A judge has been asked to settle a dispute between a Wyoming auto dealership and an employee who allegedly drew a penis on the back of a business card he handed to a customer.
The fired employee, David A. Dell, denies drawing the lewd image, and the state’s Unemployment Insurance Commission found no proof in October that he intended to draw the penis or give the card to the female customer.
Without proof of intent, the commission ruled, there isn’t enough evidence to withhold unemployment benefits from Dell for work-related misconduct.
Teton Motors filed a petition last month in 9th District Court asking for a review of the agency’s decision, claiming the business had been “adversely affected” by the ruling because it must pay a portion of those unemployment benefits.
Dell was fired in May after a woman complained that he’d given her the card with a lewd drawing after she went to the dealership six month earlier to look into buying a new car.
The car salesman then called the woman and her father, who was also a customer, to follow up, and Dell claims he never would have done so if he knew about the penis drawing on the card he’d given the customer.
Dell was fired after the woman called months later to ask about a car she’d seen online, and she refused to work with Dell after another customer tried to direct her to him.
Teton Motors contends Dell drew the penis and intentionally handed the card to the woman.
But Dell denies drawing the penis, saying he was unaware of the lewd drawing until he was fired over it.
He says another employee, who frequently played pranks on Dell by “messing with” his business cards, may have drawn the penis.
That employee was fired at the same time as Dell.
[Image: Business people exchanging business card via Shutterstock]