TO: __Vail Resorts Keystone___________ FROM: _LOUIS SMITH ID# 116826

(COMPANY NAME)                                                                                             (EMPLOYEE)

Vail Resorts. Corporate Offices

(OWNERS – OFFICERS) (STREET ADDRESS)

390 Interlocken Crescent

(STREET ADDRESS) (CITY, STATE, ZIP)

Broomfield, Colorado 80021

CHECK THE BOX(ES) BELOW THAT APPLY:

X Termination of employment – wages and compensation due

When termination by an employer occurs, wages and compensation are due and payable IMMEDIATELY unless one of the following exceptions is met:

1. If the employer’s accounting unit, responsible for payroll checks is not regularly scheduled to be operational. Wages are due and payable no later than six hours after the start of the employer’s accounting unit’s next regular workday.

2. If the employer’s accounting unit is located off the work site, the employer shall deliver the check for wages due no later than twenty-four hours after the start of the accounting unit’s next regular workday.

When the employee quits or resigns, wages and compensation are due and payable upon the next regular payday

I hereby make a formal demand of payment of wages and compensation due me in accordance with Title 8, Article 4 of Colorado Revised Statutes, as amended. Refusal to pay me or my designated agent may subject you to a significant penalty that may meet or exceed 125% of the amount owed, or up to 10 days of compensation, whichever is greater, pursuant to 8-4-109, C.R.S..

􀀀 Non-payment of wages and compensation (also vacation, commission, bonuses, etc.)

All wages and compensation shall be due and payable on regular paydays no later than ten days following the close of each pay period unless the employer and the employee mutually agree on an alternative period.

I hereby make a formal demand for payment of wages and compensation due me in accordance with Title 8, Article 4 of the Colorado Revised Statutes, as amended. Refusal to pay me or my designated agent in accordance with the law may subject you to penalties of 50 dollars per day commencing from the date that such wages first became due and payable.

December 4, 2009

Bryan Peterson

Vail Resorts

390 Interlocken Crescent

Broomfield, CO  80021

Mr. Bryan Peterson,

My job ended on November 19, 2009 when HR at Keystone told me that I had been black listed by The Grand Teton Lodge Company.  My 13 hours of training was paid and my rent and deposit was returned at the end of the day on November 20, 2009.  More than 15 days have passed since then and you still owe me money for loss wages and expense to travel to Keystone.  I’ve already sent you copies of my travel expenses and loss of wages from Belk of Hattiesburg.  Since the total amount your company owes me for travel expenses is under $7000.00 I will have the right to sue Vail in Small Claims court in the state of Colorado.  I will again send of copies of my total loss of wages at Belk plus copies of my hotel and air expenses.

If you do not pay this in full, you may become liable for payment of all costs and attorney’s fees if I have to hire a lawyer and file a lawsuit to get what Vail Resorts owe me.  You may also be liable for payment of additional money as a penalty, as well as legal interest.

If you believe that Vail Resorts does not owe me for my full expenses as I have stated, but only a part of it, the law requires you to pay me immediately the amount you agree you owe me.  You should also tell me the reason why you are not paying the full amount.

Sincerely,

Louis J Smith

Louis smith_1@msn.com

(601) 620-9654

I had a job offer with Keystone Ski Resort which is also owned by Vail Resorts.  When I spent over 1,000 for air and employee housing  just to get started to work.  After I went though my second day of training I received a call from Keystone HR.  I was told by a manager at Keystone HR that GTLC had blacked listed me after I ended my employment there.  I was just lost for words when I learned I had to leave within four hours.  I called Corp HR in Broomfield, Co and was open and told an HR manager the true full story of what happen over the summer.  But after telling her about the sexual Harassment she still said I had to leave Keystone.

I had to leave after 4 days when I got to Keystone. They did pay for hours work and refunded housing.  But I am still without of work.  I have since contacted a lawyer and he said I had a very good case against Vail on Sex, Gender, Age and Harassment.

The aftermath worse than the harassment

For many who have been sexually harassed, the aftermath can be more stressful and/or damaging then the original harassment itself.  The combination of retaliation, backlash, and victim blaming can turn even a mild transgression into a major political event within an institution.  While there are usually policies in place which are supposed to protect the identity of those involved, particularly in academic institutions, most often confidentiality is not respected, or the harsher or colleagues of the harasser work to punish the victim for resisting or speaking out.

Sexual harassment is a form of discrimination, in the United States, that violates Title VII of the Civil Rights Act of 1964

.

Sexual harassment occurs when one employee makes continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes.

According to a current issues update from the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment occurs, “when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”

Examples of Sexual Harassment

Sexual harassment can occur in a variety of situations. These are examples of sexual harassment, not intended to be all inclusive.

• Unwanted jokes, gestures, offensive words on clothing, and unwelcome comments and repartee.
• Touching and any other bodily contact such as scratching or patting a coworker’s back, grabbing an employee around the waiste, or interfering with an employee’s ability to move.
• Repeated requests for dates that are turned down or unwanted flirting.
• Transmitting or posting emails or pictures of a sexual or other harassment-related nature.
• Displaying sexually suggestive objects, pictures, or posters.
• Playing sexually suggestive music.

When an employee complains to a supervisor, another employee, or the Human Resources office, about sexual harassment, an immediate investigation of the charge should occur. Supervisors should immediately involve Human Resources staff. Employees need to understand that they have an obligation to report sexual harassment concerns to their supervisor or the Human Resources office.

Policies to Adopt to Prevent and Address Sexual Harassment

Your policy handbook needs a:

• sexual harassment policy,
• general harassment policy,
• policy about how sexual harassment investigations are conducted in your company, and
• policy that forbids an employee in a supervisory role from dating a reporting employee and that details the steps required should a relationship form.

I’m not a fan of non-fraternization policies. I think the workplace is one of the logical locations for people to meet and fall in love, as long as the employees engaged in the relationship follow common sense guidelines. But, dating your reporting staff is never appropriate. After creating these policies, you need to train all employees about these policies.

The Role of Managers in Harassment Prevention and Investigation

Managers and supervisors are the front line when it comes to managing employee performance and needs from work. First, and most importantly, you do not want a workplace culture that allows any form of harassment to occur. Out of your commitment to your employees and your company, harassment, in any form, is never to be tolerated.

In harassment, as well as in other law suit-engaging topics, as an employer, demonstrating that you took appropriate steps is crucial. In fact, demonstrating that you took immediate action and that the consequences for the perpetrator were severe, is also critical. And, the front line leader is usually the person initiating and following through on those steps, so they have to feel confident about what they are doing. Any form of harassment can create a hostile work environment including sexual harassment and how it is addressed. The court’s definition of what constitutes a hostile work environment has recently expanded to coworkers who are caught up in the situation, too.

As you think about sexual harassment and other forms of harassment in your work place, keep these facts in mind.

• The employee harassing another employee can be an individual of the same sex. Sexual harassment does not imply that the perpetrator is of the opposite sex.
• The harasser can be the employee’s supervisor, manager, customer, coworker, supplier, peer, or vendor. Any individual who is connected to the employee’s work environment, can be accused of sexual harassment.
• The victim of sexual harassment is not just the employee who is the target of the harassment. Other employees who observe or learn about the sexual harassment can also be the victims and institute charges. Anyone who is affected by the conduct can potentially complain of sexual harassment. As an example, if a supervisor is engaged in a sexual relationship with a reporting staff member, other staff can claim harassment if they believe the supervisor treated his or her lover differently than they were treated.
• In the organization’s sexual harassment policy, advise the potential victims that, if they experience harassment, they should tell the perpetrator to stop, that the advances or other unwanted behaviors are unwelcome.
• Sexual harassment can occur even when the complainant cannot demonstrate any adverse affect on his or her employment including transfers, discharge, salary decreases, and so on.
• When an individual experiences sexual harassment, they should use the complaint system and recommended procedures as spelled out in the sexual harassment policy of their employer. The investigation should be conducted as spelled out in the handbook.
• The employer has the responsibility to take each complaint of sexual harassment seriously and investigate. The investigation should follow these steps listed in How to Address Sexual Harassment Charges.
• Following the investigation of the harassment complaint, no retaliation is permitted, regardless of the outcome of the investigation. The employer must, in no way, treat the employee who filed the complaint differently than other employees are treated nor change his or her prior-to-the-complaint treatment. If it is determined that the employee lied, disciplinary action is necessary, however.

I will have more on my sexual harassment case on a later date…

Victim of Harassment

State-by state comparison of 50 Employment Laws in 50 States, including whistleblowing

The good news for private employers is that the SOX applies only to public companies. Of course, private employers are usually subject to other laws that prohibit retaliation for engaging in lawful conduct, such as the prohibitions against retaliation for filing claims of race, sex, or other protected-class discrimination or exercising Family and Medical Leave Act rights. Private employers also might find themselves in hot water over a state whistleblower law.

Whistleblower retaliation complaints are relatively easy to initiate under the SOX. The DOL has delegated enforcement authority over the Act’s whistleblowing provisions to the Occupational Safety and Health Administration (OSHA). Persons filing claims must begin by filing complaints with OSHA, which has the authority to investigate and rule on the complaints. Claims must be made within 90 days of the alleged discriminatory action and may be made against individual company employees and agents as well as the company itself. The agency then has 60 days to determine if reasonable cause exists for the allegations, which means finding that “protected behavior or conduct was a contributing factor in the unfavorable personnel action alleged in the complaint.”

Audit your policies and practices on retaliation avoidance with the Employment Practices Self-Audit Workbook

OSHA’s claim decisions may be appealed within the agency for a hearing by an administrative law judge. The agency’s final decision may be appealed in federal court.

Under the SOX’s regulations, the employee’s task is to first establish a prima facie retaliation case, which is similar to the burden under Title VII. The employee must show that she engaged in a protected activity or conduct, the employer “actually or constructively” knew about the protected activity, the employee suffered an unfavorable personnel action such as a discharge, demotion, or reduced pay, and the circumstances “were sufficient to raise the inference that the protected activity was a contributing factor in the unfavorable action.” At that point, the burden shifts to the employer not merely to articulate a nondiscriminatory reason for its conduct, as under Title VII, but to prove “by clear and convincing evidence . . . that it would have taken the same unfavorable personnel action in the absence of the [employee's] protected behavior or conduct.”

It’s important to note that there is currently a bill in Congress called the Whistleblower Protection Enhancement Act of 2007 (HR 985). The Act in its original form is designed to protect all whistleblowers working for the federal government or companies that contract with the federal government from any waste, fraud, or abuse. The bill has been passed in the House of Representatives, but has stalled in the Senate.

Live Panoramic Tetoncam (Grand Teton Imaging)