Termination without Cause

By Samantha R. Selman

August 8, 2012

PREFACE

The following is based on a true story. Some names, including the name of the store in question, have been changed to protect the identities of those involved. The following is a summary of my own investigation into the matters discussed. The facts and positions set forth herein are derived from that which is available or known to the victim and family of the victim. The General Store is a retailer of consumable goods, items that are frequently used by consumers; this includes home cleaning supplies, chemicals, health and beauty aids, snacks, pet food, pet care supplies, housewares, gardening tools, toys, and basic apparel. My mother was hired by the General store on April 12, 2011, as Assistant Store Manager. On that day, she reported to the first manager, Vickie Johnson. In the seven months that my mother was employed with the General Store, she reported to a total of three managers. There were multiple accounts of assault and battery, endurance of a hostile work environment, harassment and retaliation against my mother; she was then terminated for no apparent reason. Upon her termination, she was given no documentation explaining the reason for said termination. My family was further discriminated against in the months following my mothers termination by a company that had partnered with this General Store. This company will be referred to as Absence Management. Based on my own experiences, those of my mother, and those of my family, I have come to the conclusion that my mother has been discriminated against on the basis of her age. I encourage the reader to develop his or her own conclusion about the matter, but I am confident that you will agree with me based on the fully accurate information provided in this story.

It shall be an unlawful practice for an employer: (1) to fail to refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment because of such individuals race, color, religion, sex, age or national origin. (2) to limit, segregate or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion, sex, age or national origin. Title VII, Civil Rights Act of 1964

INTRODUCTION

At the direction and delegation of the Store Manager, the assistant manager supervises store employees as well as assists with the effective presentation of merchandise and managing deposits. In addition, the assistant manages the store in the absence of the Store Manager and assists in ensuring the financial integrity of the store. The assistant is required to open the store a minimum of two days per week and close the store a minimum of two days per week. In the days leading up to September 19, 2011, my mother filed three separate complaints with the whistleblower hotline. In one complaint, my mother reported that Ms. Robinson (the third store manager) had discriminated against her due to her disability by increasing her work. The second was to report that Robinson had shown repeated favoritism toward Lead Sales Associate Stacy Laggs, and on the same day had yelled at my mother over the phone. Finally, the third complaint was to report that she (my mother) had been forced to work off the clock since her employment at the store began; hence, my mother was entitled to additional wages. On September 20, 2011, District Manager Pete Ewerts partnered with Human Resources Representative Dianne Lemon to terminate my mother without cause. They carried out their agenda by forcing my mother to sign coerced statements, forging her name on paperwork, and then canceling an unrequested leave in order to wash their hands of her completely. The following is an excerpt from the General Stores code of business conduct: Discrimination is not tolerated at our company. It limits our ability to reach our potential and creates an unpleasant work environment. We must never discriminate against a fellow employee, or anyone else working on our Companys behalf, based upon the persons race, color, national origin, religion, sex, age, disability, marital status, veteran status, citizenship status or other characteristic protected by law. Were particularly dedicated to this policy when making employmentrelated decisions. We also need to work together to ensure our workplace is free from harassment. Harassment is any unwelcome conduct that is based on anothers protected characteristic and has the purpose or effect of creating an intimidating, offensive or hostile work environment. Harassment also includes situations where employment decisions are conditioned on an employees submission to unwelcome conduct by his or her manager that is based on the employees protected characteristic. Regardless of the form harassment takeswhether its a spoken or written remark, physical act or visual depictionour Company wont tolerate it. Discrimination and harassment of or by a nonemployee involved in Company business, such as a vendor or customer, is also prohibited. My mother has been discriminated against based on her age and the companys perceived disabilities of her. The EEOC has failed to help the victim in this case; they have staged a cover-up to protect the corporation rather than the employee. The person who has been discriminated against has been left unemployed while those who have discriminated against her have been promoted and rewarded for their noncompliance with the companys policy. Those who were employed with the company and signed an agreement to follow policy have not only falsified documents, trained others to disobey policy, and retaliated against those who attempted to follow policy, but they have also discriminated against multiple workers due to the workers protected characteristics.

Imagine being so desperate that you are forced to rely on welfare such as food stamps and unemployment insurance. Perhaps you have experienced this. If not, you may think you will never have to rely on these benefits. It is not as impossible as you may think. It happened to my family after my mother became the chosen target of this corporation. Despite the fact that my mother did her job to the best of her ability and obeyed policy, she was terminated without cause. Other employees who failed to obey policy were rewarded for their insubordinance. My mother endured a hostile work environment where religious slurs, rude gestures, display of obscene cartoons, and physical abuse were encouraged. I believe nothing has changed in this company. Why would it? The employees have consent to do whatever they wish without having to face any consequences. If someone encourages them to obey policy, they can simply have that employee terminated and those who are insubordinate have the companys consent to move up the corporate ladder. I cannot understand how a company such as this general store, which prides itself in taking care of its customers and employees, can discriminate so harshly against undeserving employees. In the years between 2000 and 2004, there were twelve separate complaints of discrimination against employees with protected characteristics. One example of this is Zanyel Bonabach who worked for a general store in Illinois. Bonabach worked for the store seven months before being terminated and placed on unrequested, unpaid leave. It is important to note that Bonabach was born in Africa; he is also homosexual. During the seven months in which Bonabach was employed at the store, he was subjected to gay and racial slurs almost daily. Zanyel ignored these attacks to the best of his ability and performed his work duties as scheduled. Bonabach stated that he reported these slurs to his manager several times but the attacks persisted. After his termination, which he stated was without cause, Bonabach filed a complaint with the EEOC. In the year following his termination, the EEOC reached a decision; they ruled in favor of the company. As stated in Title VII of the Civil Rights Act of 1964, it is the responsibility of the employer to ensure that the workplace is free from harassment and retaliation. Moreover, the employer has to prevent and correct known misconduct among managers to protect other employees from assaults. Failure to fulfill such duty constitutes liability and legal consequences. Thus, under Title VII, once an individual files a charge alleging unlawful employment practices, the EEOC must investigate the charge and determine whether there is reasonable cause to believe it is true. I know beyond a reasonable doubt that there is sufficient proof of discrimination based on my mothers age. Not only has she been discriminated against by the multiple managers of this store, but she has been physically assaulted by the employees. The EEOC investigated but favored the company over the employee and disregarded direct evidence submitted by the employee. Our rebuttal was never considered or included in the investigation and the general store was given added time to submit false and error-riddled documents. I remember talking to my mother after she arrived home from her shift at the store; she seemed excited to learn how to work with the displays. She recounted how kind the manager seemed and how the store seemed clean and well-organized. The after-work conversations soon took a turn for the worse. The employees left the back door open or unlocked. When going through closing operations, the money was always over or under the proper amount. The manager trained my mother to work off the clock. Policies were deliberately being ignored. Employees refused to obey policy regardless of what my mother told them. The harassment against my mother became increasingly harsh in late June when the new employee, Brianna Hanson, verbally and physically abused my mother. My mother was kicked multiple times in the buttocks, which left a large bruise. Simultaneously, Brianna yelled loudly in my mothers face the words F**k you. My mother, in disbelief, asked Brianna what she had just said. Brianna shouted the words F**k you another six times in front of several customers and store cameras. Minutes later my mother reported the incident to the substitute store manager, Patricia. Both Brianna and my mother were called to the office by Vickie Johnson days later. Before my mother could finish her side of the story, Brianna claimed that she had simply said punk you, and just bumped into her. Brianna claimed that she had apologized many times to the assistant manager, who she claimed had slapped her across her chest and called her Sh*t-head. I would like to state that I have lived with my mother all of my life and have never once heard her say this word, nor would she touch another employee in that manner. I do not believe Brianna would be the exception. It is important to note that Brianna later admitted to assaulting my mother to District Manager Pete Ewerts, who in turn showed favoritism toward Miss Hanson. After my mother was terminated, Brianna was promoted. 1

In early October, a threatening cartoon was left on a desk in the stores office. My mother has sufficient proof this cartoon was meant for her; she had been the only one who attended the management and store policy seminar the previous day and had reported wrong-doings in the store. This was an attempt to get revenge on her for reporting the policy violations. The cartoon read, Lord, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to hide the bodies of those people I had to kill because they p*ssed me off. This cartoon therefore violates policy in that it contains not only obscenity, but religious aspects, and could easily offend anyone. There were only three other people with access to the office (the manager, Stacy and Jessie). The store manager, Jane Robinson, later admitted to the EEOC that she had left the cartoon. The policy clearly states that any cartoon containing obscenities or things that could easily be seen as offensive have no place in the store. My mother reported to the General Stores whistle blowers hotline and said that if the discrimination did not cease, she would be forced to contact the EEOC. Mr. Ewerts and Grant Jolly brought my mother into the store office. In a four-by-eight foot room, the two men questioned my mother. The two men were over six-feet tall and forced her to write down certain words to make her appear incapable of performing her job duties. The three people were in the room for over three hours. As my mother wrote what Mr. Ewerts told her to, he would crumple the papers and throw them in the trash, adding Thats not good enough! Put it in your own words! Needless to say, my mother felt intimidated. She was being questioned as if she had committed a criminal offense. As my father and I stood in our living room trying to call my mother, an employee would answer the phone telling us that my mom could not be contacted at this moment. I would like to add that this list is irrelevant, since it has not been doctor-approved nor was it in my mothers own words. My mother was coerced to write this list by two large men who held her hostage in a small room for three hours. Not only is this violating policy, but it is creating a hostile work environment and violating my mothers rights. In this company we see a common pattern; employees only last a few months before being terminated or resigning. Even then, after the employees are no longer working for the company, the companys affiliates harass the worker and hide all discrimination with unrequested leave through the Absence Management program. Months after my mother was terminated we were still being confronted by this affiliate. They would call my home at various times of the day and night, harass either my father or mother, then send a steady stream of emails. In an attempt to make our family doctor sign phony paperwork, they faxed a form to her office. The same day we received an email stating they had sent a form to our doctor on our behalf. Our behalf? This was never requested! We asked our doctor to ignore any documents sent from this Absence Management program. They persisted to harass her. I have spent many hours wondering why people tend to bully those who least deserve it. I have had occasional clashes with bullies. Arguing with them will not improve the situation, reasoning does not effect their mindset, and running from them will not guarantee you escape the situation. You must confront them and expose them for their irrational behavior. Only then will they be swayed or embarrassed enough to leave you alone. When a dog chases a cat, you will rarely see the feline hiding in a corner; more often than not the cat will whip around and scratch the unsuspecting dog on the muzzle. That is the only way the victimization will cease. Never let another person (or a company) make you feel insignificant. No one can take away your rights regardless of your gender, sexuality, income, political party, intellect, ethnicity, appearance, religion or age. If they attempt to take away your rights or demean you, call them on it. Defend yourself. Do not allow yourself to be treated like youre insignificant. Fight back, even when the bully is much larger than you.