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Monday, December 12, 2005

My Hell is Almost Over....


The Card of EVIL.
Originally uploaded by EdnPHX.
Disclaimer:
The intent of this post is to let everyone know my frustration. All information below is true to the best of my knowledge and is entirely my opinion. Names of individuals have been deleted to protect their identity. As always, you should make informed decisions on who you decide to receive financial services from. So here I go
…..

FUCK Bank One/Chase. I have never met a more fucked up and vindictive organization in my life. As some of you may know, I am in the final stages of legal litigation with my prior employer. Yes, I used to work for Bank One (now known as Chase). I worked for Bank One for 2 long years, and did a very good job working in their Human Resources Department. In fact, I did my job so well, I received a huge promotion which moved me out to Phoenix from Cleveland. I really enjoyed my job. In fact, I loved it. That was until 6 weeks after I moved out to PHX. Around January 23rd, Bank One announced it was merging with J.P. Morgan Chase. This is when I found out that my job was being eliminated.

I was crushed. I had a great job, great career ahead of me in the company, and now it was being eliminated. So, I did what any other good employee would do…..keep doing my job until I found something that was worth my while in the new company. I worked for months, 6 months in fact, working without knowing if I had a job. So I worked those six months laying people off. My awesome job turned into the WORST job. All I did for those months was lay people off in very economically depressed areas like Milwaukee and New Orleans. It was extremely disheartening. I was, if you will, the hatchet man from Human Resources. All the while, trying to figure out what was going to happen with me. Finally, I got word that I was being slated into a job. The job they slated to me was a low level HR position. A job that I did not want and a job that I was put into without choice. Additionally, they were supposed to offer me a severance package, which they failed to do. I know this, because all I did for 6 months was deliver pink slips and severance packages to displaced employees. Anyway, it was a shitty deal that was handed to me and a deliberate career block by my co-worker and manager. So I worked a month in this position against my will (I needed a job), and then found a new job outside of the company (where I am now), at a great organization.

Anyway, end of story, right? Um, no. About 2 months after I left Bank One, I received a letter demanding that I repay $3,900 in relocation costs to Phoenix. I was floored. They eliminated my position! Additionally, they failed to offer me a severance package when I was entitled to it! And NOW they want a nominal amount back in relocation expenses? My anger started to bubble. So I responded to the letter as such:

November 12, 2004

XXXXXX
Relocation Counselor
J.P. Morgan Chase & Company
1111 Polaris Parkway
Columbus, Ohio 43240

Dear Ms. XXXX:

I am in receipt of your letter addressed to me dated October 21, 2004 and which was received on October 25, 2004. I am writing to inform you that based on your constructive termination of my employment and lack of good faith in your actions as my employer, I will not be paying the requested amount. Based on the Bank’s conduct, I am informed that I would not be held responsible for the alleged reimbursement under my employment contract and may have counterclaims in excess of the amount you have demanded.

The facts regarding Bank One’s failure to live up to its contractual obligations to me as an employee are summarized as follows. I received from Bank One an offer of promotion on November 20, 2003 to become a Sr. Human Resources Business Partner supporting the National Auto Finance Group based out of Phoenix, Arizona for Bank One Corporation. Based on this offer, the Bank offered me a relocation package. The package was always offered in connection with relocation to Phoenix for the express purpose of commencing a Sr. Human Resources Business Partner position. A material consideration in my acceptance of the offer was the promotion to a Vice President Level, Sr. Human Resources Position. This position was part of the Bank One Retail Lending organization.

Thereafter, the Bank failed to live up to its promises:.

1. Bank One Corporation announced that they were merging with J.P. Morgan Chase. My termination was over 2 months after the closing of the merger on July 1, 2004.
2. In February of 2004 I was told that I would have to re-interview for the position I moved across the nation to accept, a position supporting XXXX, Auto Finance Executive. I interviewed with XXXXXX, Sr. Human Resources Manager for J.P. Morgan Chase.
3. I was informed that the Bank unilaterally scaled back considerably my position in scope and responsibility. I previously supported 6 national groups for the Bank One Auto Finance Group. The new position would support only 1 of my original 6 groups.
4. I was misled to believe that I was, in fact, interviewing for this Sr. Human Resources Business Partner position. A conversation with XXXX, Bank One Sr. Human Resources Manager (My current supervisor at the time), disclosed that I was not being considered for his previous position, AFTER I interviewed with Mr.XXXXX. In fact, I was told that there could be no commitment to any position at that time.
5. My prior position was given to XXXXX, a Sr. Human Resources Business Partner, Vice President, who did not previously have responsibility to the Auto Finance Group. She previously had responsibility to the Default Management Group. She will be supporting XXXXX, Auto Finance Executive.
6. I was given a lesser position, in both scope and responsibility as a Human Resources Generalist, at a regional level.
7. This new position was a demotion, which made no sense in light of stellar performance reviews, as:
a. The position was not a Senior Level Human Resources Position
b. The position offered was not at a national level.
c. The position offered did not directly support a Sr. Executive Level Manager.
d. The position required that I report to a previously same level co-worker.
e. The position offered was approximately 2 levels lower that I previously held.
f. The position offered was not a Vice President level.
g. The position offered was approximately 1/4th the scope and responsibility of the position I was induced to move across the country to accept.
h. I was not offered a severance package in lieu of this position. Additionally, I worked months without knowing whether I would be offered a continuing or new position.

If you review my personnel file, you will find that throughout the last two years of employment, I performed all my duties and responsibilities well and to the expectation of my supervisors. I received an exceptional rating (“E” rating, the best an employee can receive) on my last performance review. The reward I received was to be lured to a new city across the country, then deprived of the career opportunity that the Bank promised me. Under these circumstances it is remarkable that the Bank would make demand for reimbursement of moving expenses. It is even more remarkable, given that I have personal knowledge of another employee for whom the Bank waived the relocation reimbursement provision, under far less egregious circumstances.

I will consider this matter concluded unless I hear from you further. In that regard, any further attempt to collect this alleged obligation will be handled by my lawyer.

Cordially,
Edward
XXXX

So what was their response? A big ol’ lawsuit: filed in Ohio, none the less. (They had to make it more difficult for me by not filing in Arizona.) So I have been fighting this legal case for almost a year now. I’ve been representing myself, which has been a great learning experience. (Need any legal advice in Ohio? I can help ya…) Anyway, I’ve been bouncing back and forth with depositions, Motions to Compel Discoveries, Interrogatories, travel to Ohio, and certified mail like no tomorrow. It’s been extremely frustrating and honestly has been the source of most of my stress for the past 10 months. Now, let’s get something straight, I would of totally paid the bill if it was the right thing to do, but I am a person of integrity and character. It’s just not right to pay this when I was treated as such, and they broke the rules in the first place.

Finally, last month, the Magistrate in the case submits his decision to dismiss the case in my favor. (The Magistrate in Ohio submits the decision to the Judge and the Judge rules on the submission….99% of the time they rule for the Magistrate’s submission.) HOORAY!!!!!!! All is good with the world!!! And I can move on from this and live life again. Right? No. Bank One filed an Objection to the Decision to Dismiss. Fuckers. Now, I’m really pissed. (I mean come on…it’s fucking $3,900 dollars…to a trillion, yes, trillion dollar company….they probably have spent well over that in legal fees alone….I mean give it up guys!!!) So, now I have to fly to Ohio tomorrow, to stand in court and give my side to the case. I am flying to Cleveland for 25 fucking hours then heading back to Phoenix. Only to fly back 5 days later for the holidays. How fucked up is that? (yes, when I’m pissed I say “fuck” a lot). What really makes me mad about this is that I know my ex-coworker and ex boss is pushing this issue with the Courts. Why? Well, I know both people applied for my current position here at my new company. Yes, they are pissed because I got this job and they didn’t, leaving them with a crappy company named Chase. Augh. So how fucked up is that?

So, now here I sit thinking how messed up this all is, and how happy I will be when this is over. I know I am doing the right thing…I believe it in my heart and stand by my story. With that, I fly to Ohio tomorrow prepared to do battle in Court. I have good feelings going into it and a good attitude. Many people believe I should counter sue (which I could…with almost guaranteed success), but I’m not that type of person….I just want it to all go away. I’m just looking forward to the day I can take the judgment papers and send them off to Bank One and say “HA HA I WIN, FUCK YOU.” Keep me in your thoughts, and more light hearted funny posts coming soon….my christ it’s the holidays…always fun stuff to say about that.

3 Comments:

  • At 10:41 AM , Anonymous Anonymous said...

    I know I'll be canceling my Chase credit card immediately!! It seems insanely petty to ask for the money back, much less to actually sue over!! Fuck them in the ear!!

     
  • At 4:08 AM , Blogger Will said...

    Nice. Real nice to have this garbage on your plate for the holidays. I hope all goes well and I'll buy the first round when you get back. Hit up BT with us on Friday if you are going to be here.

     
  • At 4:17 PM , Anonymous Anonymous said...

    I'm dying to find out how it went. Post something dammit!

     

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