WORKPLACE HARASSMENT, RETALIATION, & PERSECUTION IS ALIVE AND WELL IN ARIZONA!
In March 2011, we both had been wrongly, consecutively, and unlawfully terminated by FFF for making legitimate complaints about well-documented harassment, discrimination, preferential treatment, and retaliation in the workplace. Knowing these terminations were anything but legal, we immediately filed administrative charges with the EEOC and NLRB turning over several saved work emails as documented evidence in order to backup our valid complaints and concerns. Nearly an entire year after we were terminated, well after we filed such charges in which the EEOC was heavily investigating and the NLRB had issued an official complaint, FFF came knocking on our door claiming the very same emails we had turned over to these government agencies were now “trade secrets” and that we owed the company millions of dollars for their supposed “damages” because of our “concerted theft” and “misuse” of these “secrets” at our new employers who were labeled as “direct competitors”. We’ll let you draw your own conclusions about why a company would do absolutely nothing for for close to an entire year if “trade secrets” were legitimately stolen or how FFF has lost millions of dollars by government investigators reading these emails, but please do read on.
FFF is plainly trying to abuse legal loopholes and defective case law in order to justify their frivolous lawsuit against us in order to continue to retaliate against us with the end goal of bankrupting us, ruining our professional careers, and destroying our lives. If day-to-day work emails should now be granted trade secret protection, years after the fact nonetheless and even when FFF has provided zero evidence of misuse or any proof that company emails were to be treated as trade secrets, other employees out there could also be wrongly and retaliatory held liable by vengeful employers over something that was never even considered trade secret in the first place. And it goes without saying that this would mean an average employee at any company could unknowingly have tens of thousands of “trade secrets” in their inbox right now, and with a simple click of the reply or forward button could mistakenly send a company’s supposed trade secrets to thousands of others and be held liable for conspiring to steal trade secrets. The only one winning here is FFF’s attorney who has financially benefited since FFF has placed this frivolous lawsuit as there number one financial priority instead of showing any empathy or even respect for the countless employees and their families of those who they have recently laid off. It’s absolutely deplorable that an organization of this size would put a petty, purely retaliatory, & ill-willed lawsuit ahead of advancing their own organization and the thousands of associates which they employ.
Trade secret laws were not designed so callous employers could launch offensive attacks against former employees who filed charges with the EEOC, NLRB, or who voiced complaints regarding any other matters of public concern. What you have here is a multi-billion dollar organization with essentially unlimited resources that 1) took absolutely no steps to label any of these emails or the information which they allegedly contained in the first place to constitute trade secrets or confidential material (likely because these are plainly day-to-day work emails) and 2) took another year after the emails were saved by us to seek trade secret protection despite the alleged multi-million dollar harm these very same emails could allegedly cause the company if exposed to the general public and 3) admittedly had zero plans to file this complaint until after administrative charges were filed with government agencies including the EEOC & NLRB and 4) willfully and maliciously destroyed what they knew would be material evidence in this case so they could drag out their entire retaliatory lawsuit over “what if” scenarios, and 5) did absolutely NO DISCOVERY to prove that they have been damaged, could be damaged, or that their “trade secrets” were provided to their major competitors as their federal complaint against us had alleged. Since FFF willfully chose to not do any Discovery and did nothing to actually uncover that they were damaged in any shape or form, it is well settled that their lawsuit against us was only filed to retaliate against us, to waste our time, to drain us financially & emotionally, and to gain leverage when it came to our NLRB & EEOC charges. There is no other rationale for their behavior. Employees should not be penalized for bringing the harassing and discriminatory motives of a company’s senior staff to light, and even worse, employers should not be granted the freedom to harass you with frivolous lawsuits over information which they never treated, labeled, or ever even directed you as being confidential or trade secret in the first place. These undisputed facts alone make you question the alleged element of fairness that is, or maybe was, the linchpin of the system of justice in this country.
Though we are the ones living it, the ones struggling to get by, the ones dreading opening our email for what could be FFF’s next offensive attack, and the ones putting every paycheck toward attorney’s fees hoping for a ray of light somewhere, this is the millennial case about employee rights and even the most basic elements of human rights. This is simply about what’s right and wrong, what is fair and is not, and American Freedom. Scenarios like this are dangerous to anyone and everyone who can unknowingly fall victim to a vengeful current or ex-employer. All it takes is an ex-employer with a vendetta against you and a rogue law firm that will take the case, and before you know it you are being raked across the coals, and out on the streets for something you and even your own accusers would have never dreamed of being a crime.
“this is the millennial case about employee rights and even the most basic elements of human rights. “
It is still really hard to believe such an injustice has invaded our lives, but nobody else should ever be faced with the financial, professional, emotional, and resulting life halting imprisonment which we have been put through by FFF’s continuous persecution of us. This blatant abuse of the legal system and resulting prosecutorial nightmare kills the exercise of Constitutional rights, employee rights, public participation, and the most basic of human rights. Imagine having the life sucked right out of you while you die a slow death having to put your entire life on hold, so a former employer could put on what really amounts to nothing but a timely and costly show in front of a Federal Judge. Nothing to be gained here, but just a blatant waste of resources and tax payer dollars allowing FFF’s senior staff to sleep better at night thinking they have now justified the fact they candidly allowed and still promote the blatant harassment and retaliation which is still flourishing in their organization! We’ve been through a lot so far; we’ve been harassed, bullied, held to the fire, slandered, and have had to fend off a swarm of fabricated evidence on nothing more than a miniature, imperfect budget allowing FFF the opportunity to get away with lies, deceit, bogus expert testimony, and even false evidence & testimonies. Somehow we have endured and we are only here to tell you our story up to this point. We hope you find it inspiring and we hope you pass it along to everyone you know.
“Justice will not be served until those who are unaffected are as outraged as those who are.” – Benjamin Franklin
“A prosecutor who alleges enough wrong doing will always get a conviction.” – Thomas Jefferson
“If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. Therein is the most dangerous power…” – Former US Attorney General Robert H. Jackson