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Article #55

LAWYER WANTED IN SEBASTIAN FLORIDA

#55
From: Amerikan Tygrrr
Date: Sat, 16 Nov 2002 23:09
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On October 31st i was fired from my job at Macho Products in Sebastian
Florida, for a review i had that day which i did not agree with, the VP
of HR Soma Melnick stated to me that iam fired and asked if i would like
to sign the bad review, i state NO, becasue i didnt agree with it, and i
asked for my check from the week before, then she proceeded to tell me
that i will e getting one more check, and my COBRA papers which is my
insurance papers so i  can get insurance for 18 months, and ill recieved
them in the mail, i took my check as Soma Melnick, Juan Vesquez(sp), and
other office managment personel escorted me out of the building and
watched me leae the parking lot, Later on that night i applied online
for UNEMPLOYMENT, couple days later i recieved phone call from Roseanne
Roberts the Unemployment agent, in Vero Beach Florida, she stated to me
that my employer did not fire me i quit, i told her that was a lie, i
told her i didnt agree with the bad review and i didnot sign it and SOMA
MELNICK fired me before asking me if i wanted to sign the review,  for
which i got written up for job preformance slowing down, which i was
under Chiropractic Physicians care for a back injury which didnt happen
on the job, my limited duty was no lifting more than 10 pounds and not
to stand for longer than a period of 1-1 1/2 hours in a 10 hour shift,
SOMA MELNICK also stated that my attitude is bad, for which also at that
time i was under doctors care and prescribed PAXIL, just so i could go
to work, iam still taking paxil,
Also Oct 31st 2002, i filed a second EEOC discrimination against macho
for Retailation, due to being fired 22 days after recieving first EEOC
race discrimination file - which i filed in June 2002, becasue SOMA
MELNICK stated that i needed to learn the SPANISH CULTURE and there were
a total of 4 people in her office herself, my self, John V, and Debbie
Z. and all of them lied to EEOC about that statement stating they didnt
say that and october 9th 2002 i recieved fromm EEOC that they didnt find
any race discimination, and Macho now is trying to cover there hide for
firing me on Oct 31st 2002 stating to UNEMPLOYMENT that i quit, for
which i did NOT quit i was FIRED, i was escorted out of building and
they locked down there parking lot that night, alot of people know that
was fired and that they locked down the parking lot that night, which
they never did since i started working there in 2001

MORE ABOUT MY EXPERIENCES WITH MACHO PRODUCTS AS AN EMPLOYEE FROM FEB
2001-OCT 2002,





I would like to file suit against nightshift manager, Juan Velazquez of
Macho Products, Inc. for racial discrimination and continued harrassment
in my job. On several occasions he has made it clear that he favors
mexican workers over the american workers. Since my date of hire, I have
witnessed many americans and puerto ricans either forced to quit or
fired. Mostly fired. Only two mexicans have been fired (one was
gay,Eduardo, Juan held contempt for his sexual preference) the other
mexican's visa was not valid, Alfredo Corte. The americans/puerto ricans
fired are Carol Collins, Ramon Quinones, Samuel, Kathy, Pat, Gertrude.
Forced to quit were Stephanie Heath and Susan Artz (who accepted a
demotion from supervisor and transferred to days in order to get away
from Juan Velazquez). Many of these people have said they would witness
to racism in my case. These I have witnessed, however, I also know that
the following americans/puerto ricans were fired the year before my
hire, that include: Mr and Mrs Lee Tillis (Mrs Tillis complained of
racial discrimination from Lilia, asst. supervisor of glue dept)
Stephanie and Nancy Collins (Stephanie also complained of racial
discrimination from Lilia, asst. supervisor of glue dept) It is my
understanding that neither incident was ever put into Lilia's personell
file. She is now the supervisor of glue after getting Susan Artz to
transfer to dayshift. =A0 I personally have complained of her racism
also with no regard taken. Another woman, Pat Moyer who worked in finish
dept. ended up quitting when she complained to Juan Velazquez about her
supervisor(which happens to be his wife). She was disregarded by Juan
because he wanted to keep his wife untainted. Pat Moyer knows of others
that were fired in her dept. for not getting along with the managers
wife. She has stated she will come as a witness in my case. Ms. Moyer
quit because she was given no alternatives. Something I can relate to,
because I also have been given no alternatives. 
Having stated the blatant non-american worker policy. I would like to
cover some of the direct incidents that have impacted my ability to
function in a productive manner towards my job. I am currently
prescribed and taking Paxil in order to even make it to the job. My
nerves have been shattered, I have bouts of insomnia, my ability to
function in a normal manner is out of my control. I am constantly
worried about wether or not I have a job, from day to day. This worry
only adds to my anxiety. 
I will start with an incident that occurred in August of 2001. I was
working as a floater at the head of the conveyor. My supervisor at the
time, Susan Artz, called up to me. She said in an upset manner, "Shey!,
Have you been eating sunflower seeds on the line?" I said "No", she then
said "well you are being accussed of it!" she then yelled to Juan
Velazquez, "John, Shey said she was not eating seeds in the factory!"
she was upset and continued to speak with Juan. As it turned out, Juan
had assumed I was eating the seeds because he told Mrs. Artz that "His
people do not eat that kind of food." (meaning Mexicans do not eat them)
His people should be all workers on the nightshift but apparently he was
catagorizing americans and mexicans as different and racially profiling
the workers. 
Juan uses other workers as examples during evaluations. Will say things
like Carol has a bad attitude and you need to improve yours so that you
do not end up like her. I believe this is slander? My evaluation should
focus on me and praise areas I am strong in and redirect areas which I
need to improve. At no time should he be going off on tangents about
previous workers problems. Examples of good behaviour would not be
slander but should still not be used to give me an evaluation. This
shows his unprofessionalism and inability to communicate with americans. 
In June of 2002, I was called to Juan's office so that he could tell me
that some of the workers had complained that I was offending them. He
said they overheard comments that upset them. I said "they offend me so
we are even." "They said to my face that I am lazy." I find that
offensive. He said "they are just kidding". I said "Oh, when they listen
in to my conversation with Steph and Carol and get offended, thats a
problem. But when they directly say to my face, I am lazy, that is not a
problem?" "and anyway, since they always tell me no comprenda, then how
do they know what we are saying to each other??" Juan did not speak with
any of them because they continued to call me lazy. 
Next comes the write-up that forced Carol Collins out. She refused to
sign paperwork that had false statements about her on it. I signed the
paperwork even though I disagreed with statements made because I was
told signing did not mean I agreed with it, but only that I had read the
statement. In attendance at this meeting was Myself, Juan Velazquez,
Soma Melnick(V.P. of human resources, whom I met for the first time that
evening) and Debbie(insurance coordinator) Soma led this meeting and
instructed me to learn the spanish culture, She stated that I was
intimidating to the other workers. I have a bad attitude. Talk about
sexual parts of the body. Chew gum and eat on the line. I use swear
words, etc....some true and false statements here. The date on the
write-up was June 31, 2001. I asked them about it, pointing out that the
date was actually June 3, 2002, Soma replied she will change that.
No-one was interested in listening to my complaints or communication
problems. 
Since Sept of 2002, My chiropractor has had me on restricted light duty
that stated I not lift more than 10 lbs. However, I was inspector and
was lifting crates at least 10 lbs in weight. At next visit, I had my
doctor write the note in spanish and state the 10 lb limit again and
also add restriction on standing to one hour, after having stood one
night from 5pm to 11pm which caused me so much pain, I was crying when I
came back from 11pm break. Since the note was in spanish they have
followed the guidelines. Apparently Juan and Lilia only understand
instructions given in spanish. 
Two workers were hired for night shift in July, they both informed me
that upon being hired they were warned by Juan that I am a troublemaker
and to avoid me, do not talk with me or associate with me. I asked
another worker that was hired in May/June if she had been told the same
thing and she stated to me that she was also told to avoid me. This is
again an example of slander. This time directed toward me. 
On October 21, 2002, An incident occurred in which music was being
played in the dept. I had on my headset and was listening to Beethoven.
The asst. supervisor put in my Mozart cd. I stood up and Eva said, "its
your music Shey". I said okay. and took off my headset. The music cd's
are played in full for workers. The Mozart cd is approx. 75 minutes,
after =A0 about 60 minutes, Juan came out of his office. The cd was
turned off and Juan came over to me and stated "we dont play that kind
of music here, that is for your personal enjoyment at home, we need
production here." I showed him that I had Beethoven on my cd player and
had been listening to it, when Eva decided to put in my other cd. Other
workers bring in their spanish music and all of it is allowed to play
the entire cd. Why is my music preference singled out as inappropriate?
There were also 2 country music cds that I had brought in that they
could have played. When I stated that they only play my music once a
night, or not until 3am when we are cleaning to go home. He stated that
there is only one american to play music for and that is why they play
more spanish. On dayshift, it is played from clock in to first break,
american. then break to lunch, spanish. then lunch to second break,
american. and then spanish until clock out. Half and Half. I feel this
is more proof of Juan's racist attitude. 
I know that I am being discriminated against because I am an american.
And Juan does not like americans, he has caused a hostile work
environment in which americans usually quit and if they won't quit he
fires them. 
Not sure the exact dates on this incident, am guessing sometime in 2001.
A former employee of Macho made a phone call after being fired to the
INS. Macho was investigated and hired an attorney to keep the illegal
aliens that were working at Macho in America. They began working to get
them paperwork for Visa's or work permits? The workers believe they are
getting naturalized and will become citizens of the United States when
the paperwork is complete. However, it is actually work permits that
will expire. I bring this up to show that these workers lied on their
job applications (which are grounds for termination) but, instead the
company goes out of their way to keep them here. Is it because they do
not know their rights and so they do as they are told? Is it because
they don't take out medical insurance or 401K's which save the company
money? Is the company getting government kickbacks to keep them here?
Why are they allowed to break rules, and americans are made to follow
them? 


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From: Schmidts_Last_Resort@webtv.net (Amerikan Tygrrr)
Newsgroups: fl.announce
Subject: LAWYER WANTED IN SEBASTIAN FLORIDA
Date: Sat, 16 Nov 2002 18:09:24 -0500 (EST)
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