Documenting Employer Harassment & Retaliation -- Part I

FYI, this is only Part I of III. 

Take the mitigation measures and give me some leverage to work it out.  

3-Point Process:

1.   Shift the burden back onto them.  

What we're documenting is the harassment, the coercion, the retaliation, the discrimination.  We are not documenting a medical history, and that's really important.  

And any conversation about medical history is going to become confidential.  So instead of having all these arguments with your boss, your boss's boss, and coworkers, you can turn that all into "Look, guys, I can't talk about this.  It concerns my medical history.  You can talk to personnel and HR, and HR is not able to discuss the merits of your file.  It's confidential.  

The process that we're proposing is a way of getting the HR person, and the HR privacy confidential banner that they wear as your barrier between having these stupid conversations and stressful conversations and having them be the person who wants to question me has to go through and we're putting up that barrier for you.  

2:08  So this is on-the-job harassment.  We're going to document on-the-job harassment confidentially, which is what you would do, because your boss is supposed to be instructed by someone in personnel to deal with it because that's his role.  We're going to make everyone do what they're supposed to do.  So we open a file.  Find out who your HR manager is

STEP 1: GET A CLEAN COPY OF YOUR PERSONNEL FILE.  Get a copy of your clean personnel file, one that you had before you started doing any of this  When you're getting all of these stupid emails about all of the things you have to do and all of the exemptions and processes you have to go through, notice that they're saying "File it with HR."  They know that that's the system that you have to deal with.  That's already like in place.  Find out who your HR person is and, first, ask for a clean copy of your personnel file.  

STEP 2: CONFIDENTIAL LETTER.  We have a great letter with CONFIDENTIAL INFORMATION in big red letters that outlines the parameters of the discussions that you're going to have on the claims that you're making.  

STEP 3: ONE-ON-ONE CONVERSATION W/HR DIRECTOR, OUTLINE THE ISSUES, ASK THEM TO DOCUMENT, SIGN, & DATE.  We'll ask you and guide you on this.  We'll ask you to have a one-on-one conversation, in the flesh, or on Zoom if you need to with the HR Director.  Ask them to take notes.  She'll give you the outline of the issues you're going to bring up and what you're going to ask them to document, and then this will be what you get a signed, dated copy of, and then you have that in your file as well. 

4:00  Once you ask for a copy of your file, you'll know who that person is unless it's a small company.  Establish a communication with that person.  I have a conversation I'm going to have with you, and I want it to be confidential and I have a right to keep it confidential and I want you to understand that's where this conversation is.  Now they're in that mode.  That person's going to realize that they're now in HR mode.  So any conversation after that is going to be confidential.  Going forward it's going to be confidential.  

4:40  You take your privacy back.  You're also getting the conversation adjusted to the right parameters.  You're not talking about why you think the jab is harmful to you.  You're talking about "I'm being discriminated against.  This is harassment that I am experiencing.  Your personnel are treating me like I'm a threat to them while I am in the shower.  You might have physical reactions.  You might have job pay problems, like the lady who said that she's been kept out of conferences that if she'd been able to participate in she'd be able to advance her career but she's being kept out of that training.  Also being separated from other coworkers in a certain area.  (translate this to customer situation).  And she's not being allowed to work overtime. 

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5:40  

1.  You have confidential communication with your HR rep that will relate to on-the-job harassment, the nature of which is DISCRIMINATION BASED ON DISABILITY. 

2.  In that conversation, you're going to talk a bit about your health, not so much your medical records.  We're not doing that.  We don't need to get your medical records and give it to the employer.  Never going to do that.  Talk about how you're feeling about this.  You're feeling anxiety, frustration, despair.  These are the things you want documented.  Write it out.  Part of this record is going to be written communications and you restating and paraphrasing what you've been told by your boss relating to this subject.  Cite the gal's comment, "I know what you want."  You might be getting memos and general emails about when you have to get your vaccine.  And that's part of the harassment.  You're documenting all of the harassment.

6:50  This woman has had significant weight loss because of the stress of dealing with her boss.  [talk about being harassed by the woman, her assistant, and her boss who says that whenever she talks to him he says, "You have to do this or you're going to be fired."  So she feels like her career is being jeopardized.  She's not able to participate in seminars that would advance her career.  She's losing weight.  She feels intimidated now by the other coworkers so she's been using a bathroom outside of the facility.  You document the treatment that you receive from them.  You're documenting how you're being coerced.  You're documenting the harassment, which would be like coworkers saying, "Oh, you're dangerous."  You're a threat.  I need to stay away from you.  "Oh, you're scaring me."  Any of that stuff.  That's all the harassment that you're receiving.  [security guard said "Down until further notice."  like they each had a role in a skit.  ]  And tell it to the HR person.  

7:54  And this is key.  You've got to recognize the consequences of on-the-job harassment and recognize it for what it is.  If your sleep pattern has changed.  Or you're gaining weight.  I'm not saying that you should blame everything on this, but it does affect a lot of things in your life.  Be cognizant of that so we want to try to document it.  

8:13  This is even in the language of the ADA. [and here.]  Daily things like talking, communicating, sleeping, eating, how is it affecting that?

the security guard.  Get the name of the security company.]  

8:27  Oh, yeah, just the harassment is affecting that.  But these mitigation measures are part of the disability and so forth.  The fact that you're being regarded as having a disability; the other word for that is you're being regarded as having a contagious disease.  If that's the case, the burden of proof is on the one who is doing that.  It's your employer, right?  That's why you never give your employer your medical records or anything because the burden of proof is always on that other party and you want to keep the burden of proof there.  Why is it that someone can impose medical interventions on you without a doctor's note, supervision, or approval of any kind without any judicial intervention, yet you have to go to the doctor to get a note for permission to exercise your right to informed consent?  You already have the right to informed consent, you see.  

9:15  You don't have to go to the doctor for written permission to informed consent.  You already have the right to informed consent.  Always keep the burden on them.  If you say things like "religious exemption" or "medical exemption," and there's no such thing by the way, . . .   There's no exemption because there's no legal duty.  So this is even the wrong language from the beginning.

9:30  Exactly, by asking for an exemption, you're saying "I accept the parameters of what you're saying needs to happen, and I'm trying to step just outside of it with my exemption."   No!!!  We're not doing that.  We're saying that you never had the right in the first place.  The burden is on you; you need to prove it.  

9:55. I know it's difficult for many of you because you're entering the premises at work and the first thing is submitting to a medical exam of your vital statistics, taking your temperature, but at some point you're going to be able to do that because you've documented the harassment, right?  And then you can say, "Look, I'm not being subjected to this anymore.  You are going to have to talk to HR," and let HR know when I'm out on my job and I'm getting harassed, I'm going to tell them to contact you but my file is confidential, so you need to tell them to leave me alone or tell my boss to tell them to leave me alone.

10:35  Once you take these three steps that we are talking about whenever these conversations or situations come up, you can say, "You need to talk to HR.  I'm not complying with this."

CONFIDENTIALITY IS YOUR LEVERAGE

10:56  Well, these are examples.  You keep it simple.  You document everything and you tell HR because the HR person is not going to be trained for this.  You train them.  When someone contacts you about these matters, you tell them that it's already worked out with me.  We already have an arrangement and that that is confidential.  You're off the hook, I'm off the hook, and he's off the hook, everybody is good.  If you break this confidence and you do something else, we got problems.  I'm trying to help you, trying to help myself, I just want to do my job.

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11:35  

Document harassment, coercion, and retaliation.

Describe what's been communicated to you--copies of emails.  Free written guide.  Check it out.  Find it first. 

1.  When you go into an HR meeting, you're describing, and documenting the harassment and coercion.  And you begin by describing what you received--emails, letters, signs around the warehouse.  These are the facts of what I've been receiving.  

2.  Describe in detail how these requests have been affecting you.  Physical reactions, emotional reactions, since this has happened on ______________, you list the effects.  Hard time sleeping, heart rate racing, rashes, or you've lost weight, upset stomach, upset digestion, whatever you've been experiencing since the confrontation started.  Mental examples--fragmented thinking, always on the alert due to conflicts, can't concentrate, disrupted focus.  Always thinking about it that I can't focus on my job or production.  Angry, nervous, afraid of getting fired.  Worried about job is under threat.  Have the HR person write these things down.  

RHETORICAL QUESTIONS

Legal questions but they're going to be rhetorical questions.  And will lead the HR person doing his job, which is to resolve it, work it out, and document the solutions.  

JOHN JAY SINGLETON: If you think a hospital is there to care for people who are sick, okay, but by that standard WE DON'T HAVE THEM.

John Jay Singleton and

Jobs are not jobs.  

What is being presented to us? 

Everything that doesn't serve me is crumbling away.  

we're being offered an opportunity.

Just because they call it a school doesn't mean it's a school anymore.  

Should I sue if my employer is not doing anything about it?  

Time to lay back and see what's going on or is it time to take action?  

00:37  A lot of people want to live their lives the way they've been living it.  And they're reluctant to realize, that in my opinion, they should do is look at what they've observed and make a conclusion based on what they're seeing without any premise about what they've done in the past.  I know that sounds cryptic, but . . . 

If you see that children are being forced to wear masks at a school, why would you take your kids there, you have to realize that that is no longer a school if it was in the past.  That observation alone: it's not a school.  So, we don't have schools.  We don't have hospitals.  If you think a hospital is there to care for people who are sick, okay, but by that standard WE DON'T HAVE THEM.  What we have is a euthanasia-type program administered.  I mean you go to the hospital to be murdered today.  This is what's happening.  

What do you think a COVID ward is?  

SINGLETON, Exactly, if you can't get that, you're lost.  You're lost.  The analogy I give all the time is if I'm out in public somewhere at a restaurant or a bar, and some dude comes over and punches me, well, I'm not going to wonder what to do.  As soon as I get up if I'm not out for a while, as soon as I get up I'm going to start swinging some fists, you know.  I don't care if he's twice my size I'm not going to let someone take a shot at me like that.  

MARISSA, 02:15  Schools are not schools; hospitals are not hospitals.  Same with jobs:  jobs are not jobs.  If your employer is saying that to have this job, to get a paycheck, you have to waive your rights, you have to stick things in your body that you don't want to do, and undergo experimental injections.  So jobs are not jobs either.  What is being presented to us?  On the one hand, you get all anxious about this and say everything is crumbling away; on the other hand, you can go, "Wow, everything that doesn't serve me, is crumbling away, because the corrupt systems are being revealed and we're being offered the opportunity to stop aligning with them, stop connecting and giving our energy to them.  Let go of the corrupt!  Let it go!"

SINGLETON, 03:08  Yeah, it doesn't exist anymore.  Just because they call it a school doesn't make it a school.  So your attitude should be, "Okay, if that's what's going on in our society, let's just take it at its face value and my employer says that I have to do these things, well that's not my employer.  Maybe I'm involved in an internment camp of some kind.  Maybe I'm involved in a cult.  Think about those who are involved in a cult.  I don't think that they realize it.  

MARISSA, 03:37  Ponder this question.  What you give your energy to is what you make manifest.  So if you're giving your energy to this cult-like, false-premise, rights-waiving entity, then you are making that happen.  I'm not accusing anybody or being judgmental, but you are part of the problem because you are energizing the problem.  

SINGLETON, 04:05  I told my friend that the other day.  He wants the same lifestyle and travel and all that.  I said, "Why are you participating in all this?"  He told me that his wife tested positive for COVID.  I said, like, there isn't any COVID and  I said what are you doing.  He said, "Yeah, but his wife believes in it."  I said, okay, but you're participating in it.  You're making it bad for guys like me.  Just because you want to keep your same lifestyle, this is not a time to do that.  We're under attack.  It's the time to fight.  It is time to stop doing the things that perpetuate these problems, and so he didn't want to hear that.  He agreed with me, but they don't want to get this in their head but what does it take?  If I see you at the mall, and you're with your family and your wife and your two kids, and I come over to you and say, "Hey, man, I wish your children were sterile so they can't have children.  What would you do?  Would you think about that?  Would you want to fight me?  What if I pushed you down?  You should fight!

MARISSA, 05:00  You'd know what to do.  It's a matter of taking blinders off.  And thinking that this is anything other than that.  WE.  ARE.  AT.  WAR.  All you have to do is step and align yourself to the side that says "I do not accept this" and things will fall away.  It will open up.  The falling away process actually makes way for the new.  So when you're not giving all your energy trying to graspingly hold onto a job that no longer serves you or forcefully stuff your kids into a school that no longer serves them, or use a medical service that is not about health.  If you distance yourself from that, you make room for other things.  I've seen so many say, "I don't want to go to a hospital" figure out something else out.  People who say I don't want my kids to go to that school, figure something else out.  We have so many people in Zunga, I get letters all the time, No, I'm doing homeschool and coop, or we have a pod, or we're doing this stuff.  It's not like you have to be a teacher, don't think that way.  You can get your kids into a situation that is much more productive.  They learn how to educate themselves.  They follow their interests.  That's the way

06:42  For years, we've been babied by division of labor.  So I go to the grocery store like it's my 2nd refrigerator.  I don't know how to clean a deer.  I wouldn't want to do that.  I'm glad that someone else is going to do all that stuff and I can just go buy it.  That's cool.  It's a good use of human labor.  But we've been babied by it because we lack knowledge now.  Don't be confused when. . .  recognize what is happening and take the appropriate action.  We've created a resource.  We're with you.  You're not alone.  

07:22. You don't have to figure out how to engage in the fight we can partner with you on that and help you through it you just need to get your mind in the right place and say I'm going to fight.

07:28. Yeah and so this is what you do.  People go, "Well, gosh I have to use a court?  I have to sue?  Can I have an attorney?" Nope. You don't need one.  There isn't one.  Even if there was one, the law is designed for you to have the remedy and it's not beyond your ability to know how to do that, and you don't have to do that yourself.  We can do all that.  We can write it up.  Like Marissa and I were discussing before this recording, we know that the language we are writing in letter letters and disputes like your conferences like your free employment termination meetings, all the steps that lead to court . . . this language is intended to not only advance your legal argument, it's to empower you to understand what those are because there is no such thing as a religious exemption.  That's for babies.  Medical exemptions, religious exemptions, that's for babies.  Stop doing that.  There is a law, there are many laws, and they are all in your favor.  And you just have to use them.

So, what is involved?  So people start with us.  The first thing we do is the first hour is where you are doing a complaint to your internal Human Resources some agency that is a little bit different than that and then right within the same hour we're going right to the Equal Employment Opportunity Commission on the FED level.  and all we care about is documenting it we don't care what they say whether we get our right to sue letter or not