I am having a hard time explaining an Involuntary Termnination that I know was done out of revenge.
To Authenticate who I am;
Max R Waller
11261 Sproule Ave
Pacoima CA 91331
Telephone:1-818-890-2048
Please be patient when reading and respond by writing to united_states_constitution@yahoo.com
Wrongful Termination at Sam's Club 6625 at San Fernando California 91340
Gabriel H Peregrino is the Tire and Battery Associate that lied on Saturday, 21 April 2007. He wrote a lie stating that I was aggressive, but he only exaggerates and is vindictive. He is a slacker and Ambrosio Galvan and Bill Lang know this but will not admit since they can be fired for any reason since people in California can be terminated At Will.
The following implicates Club Manager Fidel Jacobo
Saturday, 21 April 2007
16:27 PDST
To Sam's Club Asset Protection and management
From Waller, Max Rafael
Incidence
TBC Assoc Gabriel (Assoc ID 2216) did not want to raise the vehicle for mounting and the easier task, the tire of the vehicle. About two week ago he and I had a great half hour talk about animation or know as cartoons. I thought we were having some kind of association but I am wrong. This took place around 13:07 PDST so please review the surveillance tape. You will also see the pranks others have played on me. Review all from two weeks back. Gabriel and I pushed each other. Ambrosio Galvan and Bill Lang know his work habits. Thank you for opening this investigation. I am aware of what constitutes a Hostile Work Place Environment. You, Fidel Jacobo, have been told of TBC Associates works habits. You have not addressed this in any document meeting.
Show the surveillance video as proof. The video would exonerate me of their false charges.
I believe that I was terminated since California is a At-Will Employment state
William Gregory Lang or Bill Lang transferred to a Sam's Club near Palmer Lake in Colorado in early June 2007.
Mr. Lang used to be trusted by me who made the mistake of telling him everything before the Termination on Monday, 23 April 2007.
Bill Lang knows the dirt of Sam's Club 6625 and had told some people in the Club that almost everyone hates Fidel Jacobo and that is why a lot of people quit Sam's Club 6625.
Team Lead Ambrosio Galvan also knows a lot of dirty secrets at Sam's Club 6625, but is nervous about losing his job if he sides with me
Sam's Club PD-57 Investigation/Suspension was NOT adhering to by Club Manager Fidel Jacobo and Membership Manager Esperanza Lopez.
Read the complete policy, PD-57, at the end.
No documentation of any complaints and the San Fernando Police Department or the Los Angeles Police Department ever showed for a "Work Place Violence."
Please show proof since one complaint and one video tape does NOT establish Workplace Violence.
SHOW THE SURVEILLANCE VIDEO!!!
Neither Mr. Jacobo nor Ms Lopez wanted to sign the papers of any meeting between two managers and me for Legal Documentation.
No meetings to address any potential problems at the Tire and Battery Center were brought up by the Team Lead or Management.
As of Monday, 9 April 2007, the people of the Tire Shop are playing pranks and making it appear as if I was becoming forgetful such as the misplacement of tools and personal safety gear.
The suspects are Erick Miron and Mark Castro.
Esperanza Lopez was told and never had a meeting to discuss the topics brought to her attention by me.
Esperanza Lopez was asked to verify this by reviewing the Surveillance video tapes and my request was not honored.
Esperanza Lopez was told about the pranks about two weeks ago but no meeting to diffuse or address serious matters was conducted.
Wal-Mart Stores, Inc does not always follow their guidelines and fire anyone that does not allow their selves to be intimidated!!!
In the early 1990s Esperanza Lopez used to be a cashier at Tres Sierras Store #1 in Pacoima CA 91331 but when she became a manager she was as a friendly to old friends of the Delgado Family. Esperanza's nickname was "Pera."
Esperanza Lopez is a decent manager BUT only honors the request (s) of those that will help her career or that she likes.
If I can get a good attorney I might be able to file the following complaints.
Discriminations types; Disparate Treatment and Disparate Impact
The Waller Family will pray for everyone that is against me
Erick Miron always complained about classical music and started a rumor and told Marco Arins that he and I had a physical fight.
I, Max Rafael Waller, formerly Assoc ID 0035 and Operator 007 proudly served from Tuesday, 13 November 1990 - Monday, 23 April 2007 and only needed about nine years to do a minimal of twenty-five years to retire from Wal Mart Stores, Inc. I was one hundred percent vested in Profit Sharing and had a one month vacation allocated per year.
I am a share holder Wal Mart Stores, Inc stock and I have about 11 shares so he has vested interest at the time of termination.
HOW IT ALL BEGAN
Sam's Club 6625
12920 Foothill Blvd
San Fernando California 91340
Phone: 1-818-365-7710 Fax: 1-818-365-0690
December 2006 Mehmet Ekinci {A Hatchet Man and sent to "clean House" is no longer there but in Fresno California according to Mr. Jason Fastner} said that he was replacing everyone in the tire shop or its proper title: Tire and Battery Center according to Jeff Lopez {no longer work there} and Mark Castro {has recanted} and Bill Lang heard indirectly but will deny it. Max Rafael Waller studied all of Wal-Mart policies and found that if that his remark {INTIMIDATION} could be verified then he would get a coaching for making such a remark. The others are scared to tell the truth.
According to Art who works for the California EDD at http://www.edd.ca.gov/ my ex boss told him that I was fired for
1) Work Place Violence
and
2) Verbal Altercation.
Fidel Jacobo was doing his best so that I would not receive unemployment.
I am receiving unemployment since there was no meeting to talk about Work Place Violence.
People that are fired/terminated due to violence will NOT receive Unemployment Compensation which is commonly known as Unemployment Pay.
On Saturday, 12 May 2007 a relative of mine two Sam's Club 6625 associates possibly a Check Out Supervisor Jay and a female spreading misinformation at Wireless Communication #1, 11916 Foothill Blvd, Lake View Terrace CA 91342; Telephone:1-818-897-1477 and Fax:1-818-897-1467
If Wal-Mart / Sam's Club 6625 could negate what I have written, then I would be in legal trouble.
A lot of information came from Bill Lang who is an insider.
Wal-Mart Corporate Policy
Number: PD-57
Investigation/Suspension Policy
Revised: 10/16/04
Policy
When it is necessary to conduct an investigation regarding possible violations of Wal-Mart policies, the investigation should be handled promptly and thoroughly. The investigation will be focused on determining if the allegations can be substantiated and what action, if any, is necessary. In all investigations, confidentiality will be maintained to the greatest extent possible.
NOTE: This policy is to be used for all investigations, except for fraud of theft issues. Any investigations related to fraud or theft issue is to be conducted by Loss Prevention [now called Asset Protection].
Applies To
All Associates, regular, temporary, full time, peak time, Hourly and Salaried.
Procedures
All investigations should be conducted thoroughly and promptly.
Objectives of an investigation are to:
determine whether the allegations can be substantiated;
determine whether the allegations, if substantiated, constitute a violation of company policy;
determine what action, if any, is needed; maintain confidentiality;
Harassment/Discrimination/Inappropriate Conduct Investigations
All supervisors/managers have an obligation to report cases or suspected cases of
Harassment/discrimination/inappropriate conduct to an appropriate level of management as detailed below.
Allegations reported to Hourly Supervisors must be reported to a salaried member of management.
All allegations of harassment/discrimination must be reported to and investigated by: Facility Manager/Salaried People Manager (Wal-Mart Stores & Sam's Club)
People Manager (Field Logistics)
People Director, People Manager will inform the District Manager/Director of Operations (the title is no longer used), Divisional People Director and Regional Personnel manager of the allegation. The People Manager (Field Logistics) will inform the General Manager (Club Manager at Sam's Club) and the Regional Manager.
Harassment/Discrimination Investigations
Investigations regarding Harassment/Discrimination/Inappropriate Conduct allegations by Associate/Customer and /or Member must be conducted by the Facility Manager/Salaried People Manager or higher using the Investigation Report & Guide (IRG) of THE RED BOOK. If the complaint involves one of these managers, a higher level of salaried management should conduct the investigation. If the Facility Manager is out of the facility (i.e., Vacation, leave of absence) another member of management must contact the District Manager/Director of Operations or Regional Personnel Manager to ensure the investigation begins immediately. The Investigation Report & Guide and the following investigation forms can be printed from the link found at the end of this policy under Resources, Printed Materials, and THE RED BOOK Forms:
Investigation Supplements
Investigation Report and Guide
Interview Checklist
Witness Manager Notes
Associate Statement
Follow Up Interview Checklist
Changes/Additions to Associate Statement
All original documents obtained relating to Harassment or Discrimination allegations will be maintained in THE RED BOOK, at the facility in a locked file cabinet in the Investigating manager's office. They are not to be placed in a personnel file.
If the investigation is regarding a salaried member of management's conduct, THE RED BOOK should be maintained at the District Manager/Director of Operations (Regional Personnel Manager for Logistics) office in a locked file cabinet.
For confidentiality reasons, Associates are not entitled to copies of statements other than their own that are collected/obtained during as investigation.
THE RED BOOK may be used for other type of investigations if desired (optional).
Conducting Interviews
A salaried member of management must interview all identified individuals to determine what occurred, when, where, and who was involved and obtain written statements from all individuals interviewed.
Conduct all interviews privately, and ensure that is a salaried member of management participating as a witnessing manager. Explain to the Associate that the witnessing manager will be taking notes. At least one member of management should be the same gender (if practical) as the Associate is on the clock.
Verify the Associate is on the clock.
Tell the Associate you are here to learn what the Associate might know regarding certain matters that have come to your attention.
Explain that the meeting will be considered an Open Door discussion and that the Associate is protected from retaliation from any person for sharing information during the investigation.
Explain that the meeting is confidential, and that any information the Associate provides will be shared only with those who have a need to know or to further the investigation.
Ask whether the Associate is comfortable meeting with you and the other manager(s) present. If uncomfortable, offer the Associate the opportunity to discuss without the particular manager.
Tell the Associate that to be consistent you will be taking notes as you go through the interview.
If an Associate request to have a co-worker present, and refuses to meet with management alone, you need to let them know that our Associates have the benefit of utilizing the Open Door Policy which allows them the opportunity to talk directly to a member of management regarding any situation, while maintaining confidentiality. As a result, it is not necessary for Associates to have a co-worker present, therefore, co-workers will not be allowed to attend. If the Associate to refuse to meet, you may request the Associate to submit a written statement regarding the situation. Inform the associate that the investigation will continue with or without their comments.
Continue with the investigation and necessary action.
Collect and review all statements, appropropriate paperwork, documentation, and system reports that are relevant to the investigation.
Consider interviews, written statements, documents or other materials carefully to determine whether a violation of policy occurred and take appropriate action.
All documentation concerning the investigation should be kept in a separate file locked file cabinet in the manager's office (People Manager for Field Logistics). They are not to be placed in the personnel files.
Suspensions
During the course of an investigation, the Investigating Manager may determine it would be in the best interest of the Associate of the Company for the Associate to be suspended from work, pending the outcome of the investigation.
Suspension from the Company will be unpaid, pending the outcome of the investigation. Hourly Associates will not be eligible to use benefit hours (illness protection, or personal time) to compensate for lost wages. Salaried will be paid only through the end of the week in which they will be suspended.
If an Associate is suspended due to an arrest, refer to Arrested Associate's Policy, PD-01 for additional information.
Appropriate Action
Once the investigation is completed, if there has been no violation of company policy, no disciplinary action will be taken. If there has been a violation of company policy, the Associate under investigation may be subject to disciplinary action, up to and including termination. The investigation materials must still be maintained regardless of the outcome of the investigation.
If the investigation is the result of an Open Door, it is the salaried member of management's responsibility to follow up with the reporting Associate. The salaried member of management should ensure the Associate understands how and why the resolution was determined. If the Associate still has unresolved concerns, the Associate should be directed to the next level supervision.
2007-07-09
05:56:52
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4 answers
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asked by
Anonymous