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Wrongful Term? Harassment? Retaliation? Hostile Work Environment? Part 3

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timjbryant

Junior Member
Since the time XXX XXXXX arrived in Concord, he has managed through intimidation, fear, threats including threats of violence, and has due so with impunity in an attempt to control associates. Now when I say this, I'm not talking about occasionally yelling or cursing at associates, in particular managers and supervisors. I'm saying this has been an almost everyday occurrence. Joe has done this to establish his authority over associates. Any associate, including myself, that challenges Joe on an issue, a decision, or anything that he wants how he wants it, is verbally abused. He has lashed out at associates with rage and hostility. He had demeaned, embarrassed, humiliated associates and has done so in front of subordinates, undermining their authority. He has used racist remarks. He has used sexist remarks. He has commented on many females in the store with regard to their sexuality, how they look, and specific body parts. He has commented on the ethnicity of several associates. He has done all of this in front of and directly to managers and supervisors. If you investigated and interviewed the management team in particular, there isn't a single one that could tell you what I'm saying isn't true. They have all been witness to this behavior and the object of this behavior as well. Let me give you specific examples. With XXX XXXXX, XXXXX XXXXX, XXX XXXXX and XXXX, he has told them the following: **** you, **** off, you're worthless, you're stupid, you're a ****ing piece of ****, get the **** out of my office, get the **** out of my store, I will ****ing get rid of your ass, I will ****ing kick your ass, I will ****ing kill you, I will fire your ass, you're a dumb ****, and I can go on and on. He has said these things in front of me. He has said these things in front of the LP DM, XX XXX. He has said them in front of and to supervisors. He has said them to DM's in front of supervisors and associates. This has been something he and I have talked about repeatedly. In fact, we even came up with a signal for me to use when I felt his behavior was beginning to cross the line or had already done so. We called it "D3". That stands for District 3. I would say that to him whenever he would act this way. I believe when he is angry or upset he doesn't even realize sometimes how he is behaving. However, the "D3" exercise only lasted about 2 or 3 weeks. It didn't stop this behavior. His father is a lawyer and he discussed with me a couple of times how his father warned him about the things he would say and do and how it could get him not only fired, but sued for harassment. He seemed genuinely concerned but it never made any difference. The language and behavior continued. During his fits of rage, he would often get in the face of the person he was directing this to, almost as if he was ready to fight. He would get up out of his chair quickly, take his jacket off and rush toward whoever it was that was pissing him off. He would often talk about how, if he ever had to fight with any of us, he would kick our ass....it would be no contest. He would say he could knock most of us out with one punch. Any little thing could set him off. If you disagreed. If you didn't do what he wanted. If you challenged him in any way. I'm not saying this always happened. I'm saying it happened most of the time. If you interrupted him while he was doing something...on the phone, paperwork...etc, he would lash out at you. It didn't matter who you were. He'd say get the **** out of here. Or he'd say I'm ****ing busy can't you see that you stupid ass. Always confrontational. This was even reflected in his interactions with customers. You have several complaints from customers as well talking about how he would act and what he would say. But again, don't take my word for it. See for yourself. Interview as many associates as you can and you'll hear virtually the same story. Now I know there are those there that would do what they could to protect XXX. You're probably asking yourself why this is if what I'm saying is true. Well, I'll tell you why. It's because they fear him and what he could do to them. XXX always made it a point to tell everyone about his relationships with XXX and XXXXX, XXX and XXXXX at Home Office and used this as a means to influence associates. They all feared ever going to Home Office because they didn't believe anything would happen and they would be retaliated against. XXX was protected. There are other reasons as well. I'll get into those next.
Let's talk about the cohabitation that has gone on in the store that XXX has been aware of and failed to address. Right now you have the Service DM and Components Sup 2 living together. They have been for close to a year now. You have the Software DM and A/V Sup 2 living together. They have been for a few months. You had the A/V DM and A/T DM living together for almost a year and finally one moved out. Want to talk about dating? You had the former A/V DM, XXX XXXXX and a CSSA, XXXXX XXXX, dating. XXX knew this. In fact, you have an LP incident that took place in the store as a result. XXXXX's wife found out about the relationship, came to the store to confront XXXXX, screaming and cursing at him in the store to the point he had to walk into the office to get away. Then he went outside and she assaulted him on our property. You had XXXX XXXXX and XXXXX XXXX dating for awhile until I brought that to XXX's attention. He spoke with XXXX about it, not the girl, and threatened him with termination if it continued. Funny how he didn't do that for the others. You had XXXX XXXX and XXXX XXXX dating. XXX XXXX and XXXX XXXX have been together for over a year. You had XXXX XXXX and an LPO named XXX that apparently was involved. You have another LPO named XXXX XXXX that has attempted to get XXX XXXX , XXXX XXXXX and.....yep, XXXX XXXX to go out with him. So much for the non-frat policy they sign. You have LPO's and associates socializing together all with the knowledge of your Store Manager and LP DM. Let's talk about people coming over to XXX's house for parties and get together. Mostly it's just managers and supervisors, although the occasional associate gets invited. And of course there's plenty of alcohol. XXX XXX, XXX XXX, XXX XXX have all been drunk and have passed out at his house. Even XXX XXX has been involved in all of this and can attest to what I'm saying. XXX has attempted to get female associates to go out with his friends. XX XXXXX, former A/V associate, came to me concerned because she felt pressured to go out with a friend of XXX's named XXXXX. Now, XXX assures me he has been able to get a statement from XX saying that isn't true. Well, if it isn't, then why did she feel compelled to take along a friend on the date? Because she didn't want to be there in the first place and felt awkward and uncomfortable. Needless to say, she never saw XXXX again. He tried to get XXXX XXXX to go out with his broker during the time he was trying to buy a house. She came to me upset about the things he was saying while he was on the phone with him and she was sitting there waiting on a signature. Whenever XXX has friends come into the store to buy something, he always takes them through to FCO. Ask associates there, specifically FCO supervisors, how he would always call over XXXXX to ring them up so they could get a look at her. She told me this numerous times. Of course it's because she is very well endowed and he wanted to make sure his friends got a good look. But, I'll get into his treatment of female associates in a bit. Let's talk about XXX XXXX and his DUI arrest. I'm sure XXX informed Home Office about this, right? About how XXX got arrested after a night of drinking with LPO's XXX and XXXXXX. He spent the night in jail, missed work the next day and was subsequently convicted, given probation and community service and lost his license. I'm sure XXX must have told you because XXXXX had to complete his community service in January. 3 days a week. Mondays, Thursdays and Fridays. Take a look. You'll see he used his days off for 2 of those days but took a third day off, unpaid, to complete the service, in each week in January.....all except when we had Top 100 on Friday. On that day he had to pay a $150 penalty for missing his class and risk violating his probation. But I'm sure you know all this. And I'm sure you know about how he works the DM's to death. Works them 6 days a week, 11, 12, 13+ hour days while he always took 2 days off if not more. This is something they always came to me to complain about.
 
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