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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
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