fort d
map-marker Syracuse, New York

Aafes Exchange - Breach of contract

Fort Drum Exchange

Independent Contractor

10/3/12 Grievance Complaint

Enclosed I have documented the various areas where my contract was breached and unfairly terminated due to the brash and hostile decision making initiated by the acting supervisor who I know as "Della."

Nowhere in my contract does it state that I agreed to be subjected to the humiliation, bullying tactics, abuse, harassment, and interrogation initiated by "Della." I was told by Mark Shepard that the reason given for my termination was due to an audit, when there was no legal audit that took place. What actually took place was a secret investigation which included an investigator violating my personal belongings in an attempt to criminalize and embarrass me. Without any notice my family member/employee arrived to work and was met by police officers that actually interrogated him, giving him the message that I was banned and would be arrested for trespassing if I were to return. He was thrown out and forced to pack and leave with no preparation, which is a direct breach of the contract that I signed. At the time, it was pouring down raining which left some my merchandise damaged as a result. The contract states that either party may terminate the contract in the event that the contract has been breached and notice must be given in writing with 24 hours notice (Article 1, general provisions -section 8). This kind of treatment is illegal and WILL NOT be tolerated by myself and should not be tolerated by you. I intend on exhausting every possible channel until this matter is properly addressed and investigated. From the onset of these events, I only asked to be treated fairly and to not be allowed to be bullied and intimidated by "Della." Instead, thus far I was provided with no assistance from her superiors. I have alerted the Garrison Commander, the Inspector General's office, General Manager JW Merriman and General Manager Kenneth Lamtiaco. My next step is to seek further legal counsel. My business reputation has been completely damaged as a result of the lack of professional response toward this matter and any opportunity to expand my business with the exchange has been unfairly eliminated. I do not intend to rest until I have been treated fairly and with the decency that I deserve. I do not feel that anything that I am requesting is out of the ordinary. My request for due process and fair treatment should be treated honorably. At this point, "Della's" behavior should also be properly reprimanded and corrected, in order to see to it that no one else is ever subjected to this level of abuse again. I deserve to have my position reinstated, as all of this was claimed to have been caused by a $41.00 error in my paperwork, which was a simple issue that could have been addressed professionally. I was accused of stealing, as if I would risk my business reputation and subject myself to this type of disrespect over such a minor figure. It is possible that my paperwork may have been in error of the sum of $41.00, but to be accused of stealing and treated like a criminal is stretching the issue in a way that was totally unnecessary. When it was brought to my attention, I paid the money accordingly. The so called audit that took place was instigated without my knowledge or permission and was discovered as a result of someone picking through my personal belongings that I left behind when I was not working. I would have been eager to volunteer such information, as I have always acted under the impression that I have nothing to hide as a legit and righteous business man, my premise of doing business is founded upon the health and well being of my customers. Article 1 section 12, examination of records, states that this clause applies if the amount of the contract exceeds $10,000. This does not include secretly investigating me without sufficient cause. Any errors in my paperwork were just that, as a result of not being properly instructed by "Della" on how to file the paperwork accurately. Nonetheless, I have done my best to see to it that the necessary and accurate totals of my sales were reported to the best of my ability with the highest level of respect and integrity. According to the contract I should have been given the opportunity to fully correct this error and I was not subject to experiencing this illusion of an audit that serves as the claim toward my termination.

In conclusion Article 1 section 17 states that I agree to accept the exclusive jurisdiction of an appropriate US federal administration body of court. I am aware of this fact and I intend to act accordingly.

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