Sunday, May 13, 2012
Yet Another Lost Month and More---Karl and Kroger #581 in Plano, Texas
AS SEEN ON http://kevintipplescorner.blogspot.com
Yet Another Lost Month and More---Karl and Kroger #581 in Plano, Texas
I’m in angry Dad ranting mode today here and waving my cane around. So, pull up a chair, the beverage of your choice, and listen to the tale of the latest with Karl and the wonderful company known as Kroger. I leave it up to you whether or not you wish to express your outrage, in writing preferably, to those involved at the local level, as well as more importantly, the corporate headquarters in Cincinnati.
When last I wrote about this back in December 2011, Karl had been without pay and not working since being sent home midday on October 17, 2011. That day, our special needs son, Karl (who had all sorts of compliments and praises in his personnel jacket until they mysteriously disappeared when he was transferred to Kroger 581 here in Plano, Texas) was suspended without pay and told he would be terminated in a couple of days because of a claim of “sexual harassment.” What was the crime? Documenting by long distance photograph across the store an employee who was once again working off the clock and out of uniform. That was it!
With no history of any write-up or disciplinary action of any kind during his nearly seven years of employment, that utterly false allegation made by an employee who was known to repeatedly violate Kroger policies and procedures and who had a history of harassing Karl, got him kicked off the job. According to the HR representative that did the actual suspension paperwork, Karl could still shop in the store and visit the bank branch inside that he used, as long as Karl “behaved” and did not “socialize” with any employees.
That lasted about a week until Karl was suddenly told that he could not step foot on the grounds of the store. This happened after a complaint was filed a day after he and I went shopping in Kroger #581 accusing him of rampaging through the store, turning over displays, allegedly screaming at the top of his lungs, stalking and verbally harassing employees etc. Of course, if he had really done ANY of that, Plano Police would have been called in a second. It would also would have not taken over a day to file the bogus compliant with the district manager and the Union.
It didn’t happen. Period.
Not only does Karl not act that way, but I was there. I KNOW IT NEVER HAPPENED--- NONE OF IT. When I go shopping, Karl stays with me because I need his help. I have this walking issue problem and they know it well. I have fallen in that store before so they know what my issues are as they saw me every single week.
So, they lied----again.
But fine, when Karl’s Union representative (UFCW 1000) told him that, despite the fact the surveillance camera footage clearly showed it never happened, that as a suspended employee he should not go into that store, it meant that I could not go either. It meant we had to go a little further and out of our way to shop at Kroger 540 also here in Plano, Texas but we did it to keep the peace and his much needed discount. His discount has always been a huge help to us and critically more so since we went on food stamps.
According to his Union representative who wanted a written statement on the matter, a grievance would be filed on this as well making the sixth or seventh filed on his behalf since he went to work at KROGER 581 in November 2010. This was in addition to the grievance filed over his unpaid suspension. Karl had grievances that, according to his Union rep as recently as last month, would move up to level three which would allow the headquarter folks in Cincinnati to become aware of the problems and deal with them accordingly. According to this same Union representative who was supposedly defending Karl and taking care of him like he should have been, the local District Manager ordered transfer of Karl to a store in McKinney that was 22 miles from here one way would not happen. Clearly instead of punishing those involved, the District Manager had made the determination to punish Karl and his family by moving his job 22 miles away. This would result in two twice a day round trips of 44 miles or a total of 88 miles each day so that I could get him to and from his job.
That was not going to happen.
Karl is disabled and can’t drive. Whether or not he could ever learn the skills to drive is highly unlikely. That is not just our opinion. It is the opinion of his teachers who used to work with him, his case managers at Social Security, his doctors, etc. Apparently not only does the District Manger believe he is driving but she also thinks that we are faking his Mom’s cancer situation. Based on what she said to him as well as what she has said publicly to other folks who can testify to this in court if required, she sided with her good friend, the employee who was working off the clock and out of uniform. Instead of doing her job in a professional and objective manner befitting her position of authority, she chose to harm Karl and help her friend.
With no evidence against him and having been told repeatedly by Plano Police who visited the store that they had no case against Karl for “sexual harassment, or even “harassment” or “stalking” or anything else they tried to dream up to salvage themselves, Karl took the advice of the Union representative not to file criminal or civil charges against those involved and let the level three process with KROGER and the Union work. After all, he has up to a year to file both civil as well as criminal charges against all those involved and waiting would not weaken his case. It would only help it to allow time to pass while the folks at Headquarters reviewed all. The Union representative also said to hang on to his evidence (numerous pictures and audio recordings, written statements and more) and to please have Dad no longer write about things because publicity would not help.
So, of course, I quit talking about it as bogus as the whole deal was. With nothing to hide and no wrongdoing at all it seemed ridiculous that we had to wait. The only positive aspect of this garbage was it meant Karl was home to spend time with his Mom and to help me with her care. It did concern me as the weeks passed that the Union representative was not returning Karl’s calls or making any effort to stay in contact, but he has had a long history of not keeping Karl up to date the way he should have before. While Karl’s issues have never made it this far before, he has been through the Union grievance process several times since Karl was transferred to Kroger 581. Karl has had to file numerous grievances over his schedule, verbal abuse and harassment by the store manager, out and out discrimination because of his disabilities, etc. and the Union representative has always been slow to respond once he had written statements (typed by me) on matters from Karl. Then there were the holidays to consider which for most were a time of rest and relaxation and for us were just another time broken up by appoints for chemo and the rest of it.
Middle January rolled around with the Union representative playing phone tag with Karl. By now the BANK OF TEXAS had closed Karl’s account having churned it for hundreds of dollars as had PAYPAL. That got an FDIC complaint filed on them that has now also been filed with the COMPTROLLER OF THE CURRENCY and may be filed elsewhere with other agencies as necessary. Time will tell what will happen there as they both knew the situation in detail and Kroger’s culpability in it. Even though Karl had no outstanding items being presented for payment, both managed to churn his account in such a way to present a bill for several thousand dollars to him before turning it over to collections. That means his credit rating has been harmed and we have yet more harassment and stress from collection agencies to deal with.
Then the COBRA paperwork started coming with an effective date of December 18th. The obvious conclusion was that sixty days after wrongfully suspending him without pay, Kroger had wrongfully terminated Karl.
Still the Union representative (UFCW 1000) kept playing phone tag with him. So, since Karl can’t read or write very well, on his behalf I wrote a letter to the Union representative and documented the issues and sent the COBRA paperwork as well as the stuff from the BANK OF TEXAS and PayPal to him as resolving those issues would be part of the case. Clearly Karl was suffering increasing economic damages from the fact that he hadn’t been paid his back pay and returned to work as he should have been back in October and apparently had been terminated.
Finally, a little over two weeks ago, the union representative managed to talk to Karl. At that point he was told that the case had never progressed to level three (as it should have back on December 18 and as the Union representative repeatedly told him it had), that he had been transferred to the McKinney store, and that there would be no back pay or vacation pay as he had won his case and abandoned his job. He had till February 18th to report before his termination would go through.
Of course, if he had not been terminated, this would not explain the COBRA paperwork, why he had been locked out of the system, why his employee discount does not work anymore, etc. It also does not explain why he had been told otherwise for months, he had never gotten anything in writing as required under the union contract, etc. Nor does it explain why those who demonstrably lied still have jobs and why he does not.
So, at that point, Karl called the Texas Unemployment crowd and explained the situation. They, like Social Security and the EEOC, had been ready to go for months on the case and were just waiting on Kroger to either do the right thing and put him back to work or actually terminate him. They agreed with our assessment that Karl was terminated and the machinery began to start on his unemployment claim. That triggered the Social Security Administration to start rolling forward with their own investigation as what happened again and again to Karl is a clear and obvious violation of the Americans With Disability Acts as well as other statutes and laws. Apparently, according to several folks we have talked to, this case may become a civil rights case not just for Karl but some sort of class action case for other special needs people in that store who have been victimized like Karl has as well as in other Kroger stores in this area. Apparently they already had information against this particular store manager and those involved from other individuals--disabled and not.
I’m sure this is all going to wind up in court with attendant media coverage. Not only has his small business at http://www.amazon.com/shops/thundercatsnyy been nearly destroyed, he has been harmed financially as well as had his good name ruined. Karl’s once promising career with Kroger is destroyed as is his private business that had nothing at all to do with Kroger.
Going forward, Karl has provided a small fraction of the additional evidence he has to the government investigators. We are told that they have informed the store and the district manager they have thirty days to produce any shred of evidence against Karl (something they can’t do in any way, shape or form unless they fabricate it) during his entire nearly seven year career with Kroger as well as to provide records on ALL those involved in the case for the same time period. That is going to be fascinating as well as show clear wrong doing unless the records are tampered with as Karl, having served for two years plus as the youngest Union Steward ever IN THE HISTORY OF THE COMPANY, knows quite a lot of information and can document it about those involved.
They have no case and they know it. This was nothing more than a personal vendetta carried out by three people at store 581. Having targeted Karl for abuse and removal and having been aided and abetted by several folks who should have known better and will now be held accountable, we wait for the government at the state and federal levels do their thing.
In the meantime, Karl is actively looking for a job close to home so that he can walk to work if at all possible. He has had several encouraging job interviews so far. When asked why he no longer works for Kroger after nearly seven years, he explains fully and completely why he no longer has a job with Kroger. He did nothing wrong and has no reason to hide.
The same can’t be said for those involved in the case.
Kevin
happy Sunday
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The best stuff handmade from a cancer mommy http://sanditipple.ioffer.com
Saturday, May 12, 2012
Big news most read now
http://thundercatsnyy.blogspot.com/2012/05/please-read-this-and-share-this.html?m=1
God Saturday
Genesis 2:11 The name of the first is Pison: that is it which compasseth the whole land of Havilah, where there is gold;
Friday, May 11, 2012
Still going
SUNDAY, MAY 06, 2012
Almost 29 Weeks---Karl and Kroger #581 Plano, Texas
Tuesday will mark 29 weeks since Karl went out on unpaid suspension from Kroger #581 here in Plano, Texas. The last couple of days he has been fielding new questions from various agency investigators because now the local yokels responsible for this mess are claiming that Karl could do nothing but bag and push carts. The same people who said they had no knowledge at all of Karl’s mental disabilities while signing paperwork claiming federal tax benefits for KROGER based on Karl’s employment as a mentally disabled employee now have the nerve to lie yet again and state Karl was/is so disabled all he could do was bag.
The above picture shows just some of the many badges Karl wore at work while performing numerous different jobs during the years he worked for Kroger. It has become clear that written proof, photographic evidence, and audio recordings of events are critically important in this case. Because Karl has so much of all of this, he can easily refute any lie they come up with and those responsible can’t even remember which lie they told which agency.
Remember, if you have an issue with any KROGER store nationwide, absolutely bypass the locals (especially in Collin and Dallas Counties here in Texas) and forward your written complaint to the Kroger Corporate address at:
The Kroger Co.
1014 Vine Street
Cincinnati, Ohio 45202-1100
This is the same address noted on your Kroger card where they encourage you, the customer, to make your concerns heard. When you do let them know what you think, make sure to put your complaint(s) in writing and keep a copy for your records. Putting it in writing is taken much more seriously by the big bosses than a phone call or e-mail. It also requires a written response and retention of the complaint in their system. That is important when federal agencies are reviewing things and considering sanctions and class action status litigation on behalf of customers/or employees.
I keep hoping somebody at corporate wakes up to the seriousness of the situation and corrects this mess before the case winds up very publicly in court. Their clock is rapidly running out…….
Kevin
Kevin R. Tipple at 8:25 AM
2 comments:
Jason "Binx" Mogollon6:31 PM
I'm confused as to what the issue is. In plain English, please explain to me what's going on. Thanks!
Reply
Replies
Kevin R. Tipple7:36 PM
I have explained it multiple times in great detail, Jason. Go back to last November and work your way forward.
Almost 29 Weeks---Karl and Kroger #581 Plano, Texas
Tuesday will mark 29 weeks since Karl went out on unpaid suspension from Kroger #581 here in Plano, Texas. The last couple of days he has been fielding new questions from various agency investigators because now the local yokels responsible for this mess are claiming that Karl could do nothing but bag and push carts. The same people who said they had no knowledge at all of Karl’s mental disabilities while signing paperwork claiming federal tax benefits for KROGER based on Karl’s employment as a mentally disabled employee now have the nerve to lie yet again and state Karl was/is so disabled all he could do was bag.
The above picture shows just some of the many badges Karl wore at work while performing numerous different jobs during the years he worked for Kroger. It has become clear that written proof, photographic evidence, and audio recordings of events are critically important in this case. Because Karl has so much of all of this, he can easily refute any lie they come up with and those responsible can’t even remember which lie they told which agency.
Remember, if you have an issue with any KROGER store nationwide, absolutely bypass the locals (especially in Collin and Dallas Counties here in Texas) and forward your written complaint to the Kroger Corporate address at:
The Kroger Co.
1014 Vine Street
Cincinnati, Ohio 45202-1100
This is the same address noted on your Kroger card where they encourage you, the customer, to make your concerns heard. When you do let them know what you think, make sure to put your complaint(s) in writing and keep a copy for your records. Putting it in writing is taken much more seriously by the big bosses than a phone call or e-mail. It also requires a written response and retention of the complaint in their system. That is important when federal agencies are reviewing things and considering sanctions and class action status litigation on behalf of customers/or employees.
I keep hoping somebody at corporate wakes up to the seriousness of the situation and corrects this mess before the case winds up very publicly in court. Their clock is rapidly running out…….
Kevin
Kevin R. Tipple at 8:25 AM
2 comments:
Jason "Binx" Mogollon6:31 PM
I'm confused as to what the issue is. In plain English, please explain to me what's going on. Thanks!
Reply
Replies
Kevin R. Tipple7:36 PM
I have explained it multiple times in great detail, Jason. Go back to last November and work your way forward.
news 2
BioWare has revealed that people who’ve been playing Mass Effect 3 on the PlayStation 3 will be receiving reward packs from previous weekends.
So far, there have been fortnightly multiplayer promotions for people playing Mass Effect 3 on the Xbox 360 and PC. PS3 users have been excluded….
By: Colin Tan (@unartifex)
Ubisoft have released the premiere gameplay trailer for Assassin’s Creed III, the next highly anticipated title in the sci-fi historical fiction adventure.
It’s all kinds of epic as the trailer gives you a glimpse…
Hark! There remains but less than 48 hours to go for Seattle based indie company Camouflaj and its Kickstarter project Republique. It recently hit a major milestone of earning $350,000 out of a pledged goal of $500,000, with over 7,000 backers supporting the terrifying endeavor.
Republique is being developed by indie and mobile games developer Camouflaj, and spearheaded by former Metal Gear Solid 4: Guns of the Patriots and Halo producer Ryan Payton. It is a game designed specifically for mobile devices, featuring unique touch gameplay integrated into the story.
Here’s how the game goes: called by a desperate young woman….
After teasing us with photos on the YG-Life blog of mysterious girls under the title of “Who’s That Girl?”, YG Entertainment has just released another teaser in the form of a video this time! The video is also labeled the same way as the photos with the title, “Who’s That Girl???”
Although it is not yet clear who the girl in the video is or what the video is for, her dance skills are clearly shown through the 1:37 clip. What we do know is that she is 16 years old and judging by the fact that she is called “The 5th”, it seems…
And for the Final Fantasy XIII-2 DLC forecast, there will be some Snow and Lightning on the same day. Alright excuse the pun but it’s true, the Snow and Lightning DLC scenarios (as well as the downloadable costumes) are going to be available on May 15.
The Snow scenario, titled “Arena of Eternity”, focuses on our dear Snow and his relationship with his bride-to-be Serah. In this episode, details regarding how he became a L’Cie again as well as the mysteries about the coliseum will be unveiled. During the second….
If there’s anything I know about Hollywood, it’s that movies that open north of $200 million get sequels. No questions asked. So very few were surprised when Walt Disney Company CEO and President Bob Iger confirmed that The Avengers 2 was happening.
When? Well, that’s still up in the air. Marvel Studios and Disney already have Iron Man 3, Thor 2 andCaptain America 2 in the pipeline. A second Avengers likely will follow that, perhaps in 2015.
There are two questions I’d like answered between now and then: Will Joss Whedon be back in the director’s chair; and which team members will be introduced into the Avengers fold in time for the sequel? Marvel wisely used standalone Iron Man and Thor films to pull Black Widow (Scarlett Johansson) and Hawkeye (Jeremy Renner) into the on-screen universe. Who’ll….
Where Glee Went Wrong
"Why are you reviewing Glee, IGN?!"
"This show stinks! Stop reviewing this crap."
"What?! You review Glee but not 30 Rock? What is wrong with you people?!"
"I hate you all. Except Fowler."
You may have noticed… We're not reviewing Glee anymore. If you want, you can go ahead and assume it's because of your constant complaints that the series was even being covered in the first place. It's true. We stopped because of you. You can stop reading now.
"This show stinks! Stop reviewing this crap."
"What?! You review Glee but not 30 Rock? What is wrong with you people?!"
"I hate you all. Except Fowler."
You may have noticed… We're not reviewing Glee anymore. If you want, you can go ahead and assume it's because of your constant complaints that the series was even being covered in the first place. It's true. We stopped because of you. You can stop reading now.
- FOX
Blame Glee.
What's important to note is that reviews of Glee on IGN used to actually do very well. We didn't expect to review the show after the first episode or two, but surprise, surprise, the interest was there after all. It was clear many of you were watching the show… and liked it! And so did we.
Yet here's a series that rocketed to popularity and now wallows in the "Meh" category of weekly viewing. It was a one-of-a-kind choice in primetime: a series that successfully integrated song and dance into an hour of scripted television. Fame did it for six seasons, but that was more than 20 years ago. Glee was easy to love, at first. It was funny. It was dramatic. They sang songs we liked. And it was fresh and new. And then it became popular. Perhaps too popular. Album collections were produced at what seemed like a weekly pace. The cast went on a concert tour. That tour became a 3-D movie spectacular. A spin-off reality series gave contestants a chance to guest star on the series. Glee was everywhere! And we were on Glee overload.
Of course, this wouldn't have been a problem (or at least not a problem we couldn't have overcome) if the series at the heart of the hype remained strong and/or got better. But it didn't. What was once fresh and new became old and stale… and it's only three seasons in. So what happened? What has pushed the viewers away? How did the series go from appointment television to a months worth of unviewed listings on my DVR? Well, it turned out that Glee didn't really have a story to tell.
- FOX
"Is this thing on?"
You either have characters that never change or grow (Rachel,Finn, Schuester) or characters that change week to week (Quinn, Santana, Sue Sylvester). It's hard to stick with a series when characters you're invested in never evolve. Season after season Rachel has been a selfish pain in the ass. And not in a fun, evil kind of way. Just a stupid, selfish character. And we've gotten no payoff. No comeuppance. No change of direction. She doesn't even change her pained facial expression when she sings.
It's also hard to stick with a series when characters you're invested in are a different person every week. In the past year or so, Quinn has covered being a chain-smoking punk, a vindictive birth mother, a born again Christian, a judgmental best friend, a future Harvard-attending goodie-goodie and a struggling paraplegic. She changes her personality nearly every episode, so that she can (awkwardly) fit into any conflict the writers want to put her into, even if it doesn't match what came before.
And the music hasn't helped anything. You could say the song choices are the problem, or the obvious theme episodes hinder creativity. But my biggest problem was the presentation. They were either on a stage or in the choir room. It was either a song battle or a heartfelt confession. And that's about it. And more often than not, the songs had only the vaguest tie to the story happening in that episode.
Simply put, Glee became a struggle to watch. The song performances became trying, the characters remained annoying, the repetitive plots kept repeating. The viewers left the series, the readers left the reviews and IGN stopped covering the episodes week to week. So, for some of you Glee haters out there, you're welcome. You got your wish. We're not reviewing Glee. And for the rest of you that watched the series at first, but have stopped keeping up with it week to week, well… you're probably not even reading this anyway.
gaming news xbox
Microsoft said that gamers shouldn’t expect to see its next gaming console anytime soon, but developers might already be getting their hands on the system. IGN has cited an ‘unspecified source’ with the news that the next Xbox hardware has entered manufacturing.
The report says that hardware for the next Xbox has been produced at the Austin, Texas, branch of electronics firmFlextronics. Flextronics was the first manufacturer of the original Xbox and one of three that Microsoft initially employed to work on the Xbox 360. The firm also reportedly created a testing group focused specifically on “comprehensive marketing, software, and hardware tests of the next Xbox.”
As for what exactly is being produced, IGN speculates Flextronics is producing dev kits so the next Xbox developers have hardware on which to create their games. Microsoft still has not responded to request for further information.
Price Cuts for Nintendo DSi and DSi XL
Nintendo has announced a price cut for its last generation of handhelds. Starting May 20, the DSi XL will sell for $129.99 and the DSi will go for $99.99.
Both systems come pre-loaded with Flipnote Studio, and the DSi XL also comes loaded with Photo Clock, Brain Age Express: Arts & Letters and Brain Age Express: Math.
news
Extend your Ghost Recon: Future Soldier experience from the streets of Moscow to the far reaches of the Arctic
Long live Street Fighter! EAT!25th Anniversary, by Jaime Herrera.
Persona 4: The Golden screens.These screenshots feature Rise Kujikawa’s new evolved Persona and the bug catching feature.Persona 4: The Golden will be released for the PS Vita in North America in fall , 2012.
Lifetime Sales Of Skylanders Toys Exceed 30 Million
Needless to say, Activision is very pleased that Skylanders toys have sold so well, selling out at retailers and online across the entire country, sometimes within hours of launch. The company has gone on to say that well over 30 million of the toys have sold, and the game itself was the #1 kid’s game in Q1 2012.
Activision also stated that, including all accessory packs, toys, and games, that Skylanders: Spyro’s Adventure was the 3rd best selling game in dollars across all platformers in Q1 2012. Skylanders Giants, scheduled to come out later this year, is hoped to achieve similar success.
pokemon Special Lvl 50 Darkrai Now Available Over Wi-Fi For Pokemon Black/White
Darkrai will be available for free download until June 10th and starts off at level 50, so be sure to get it while you can!
The most unique (and precious) abilities this Darkrai has is Dark Void, which will attack and put the opponent to sleep so that Darkrai’s Ability, Bad Dreams, will do damage to it every round it is asleep. It also comes with Nightmare to further your sleep damage.
tinycartridge:
Kickstarter pitch for Diamond Trust of London, the two-player, turn-based strategy game from Jason Rohrer.We’ve followed this unique game and the troubles it’s had releasing to the market for a couple years now, but it looks like the game could finally be on the way out. But first you’ll need to help Rohrer hit his $78,715 Kickstarter goal in the next two weeks, so he can pay for a run of cartridges.Find: Nintendo DS/3DS release dates, discounts, & more See also: More Diamond Trust of London posts
I wanted to post this myself since I received an email from Jason last night about the Kickstarter campaign. He really deserves every bit of recognition for his work as one of the most respectable game developers of this generation. If every one of our followers pledged at least the minimum [$5], Jason would surpass his goal by double the amount he aims for.
This is a title that deserves to see store shelves for the Nintendo DS so let’s make it happen!
This is a title that deserves to see store shelves for the Nintendo DS so let’s make it happen!
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