DISCRIMINATION EVIDENCE AGAINST ASPEN LIQUOR (PIKES PEAK & ACADEMY, COLORADO SPRINGS, CO (719-219-4044)

THE ORIGINAL JOB AD I ANSWERED:

cash register and more (P. Peak and Academy)


Date: 2012-07-28, 11:20PM MDT
Reply to: qpfnh-3169927793@job.craigslist.org [Errors when replying to ads?]



 

Looking for cash register who is honest, sincere, and healthy.
Preferrable if over 40, and male.

PostingID: 3169927793

NOTICE THAT THE AD ITSELF IS A VIOLATION OF COLORADO LAW BECAUSE OF GENDER AND AGE DISCRIMINATION. THESE PEOPLE SIMPLY ARE NOT VERY BRIGHT.

EMAIL FROM THE OWNER, RESPONDING TO MY APPLICATION:

Subject: Re: Cashier application
From: Snag Jung (myaspen2004@yahoo.com)
To: ginadouglas@ymail.com;
Date: Sunday, July 29, 2012 6:58 PM

Hi Gina,

 
I got your wonderful resume. Thanks,
Hope you to visit our store and see my wife ASAP.
Tell me your time to visit the store. Then i will snd informations about store and tell to my wife.
But i just feel uneasy that you didn't experienced liquor store.
Looking forward to your answer soon
Owner(i am out of state)
 
INITIAL WRITTEN JOB OFFER:
Subject: Re: your working
From: Snag Jung (myaspen2004@yahoo.com)
To: ginadouglas@ymail.com;
Date: Monday, July 30, 2012 5:23 PM


I heard from my wife you were there today.
So my wife is thinking let you work in the morning from 10am to 2pm(mom to sat) and sun (from10 to 4pm) now
I think you need to do some practice of cash register with my wife and you need to stock beers in cooler and hard liquor on the shelves. Our business is not so busy in the morning but you need to arrange store for the good looking and meet salesmen and get some delivery. I think your working will be transfer to night later.
Our payment per hour will be paid $8.00 first. Payroll Check will be paid every 2weeks with deduction of Tax 5.7%.
Before working we need some documents(I-9 and w-4 forms together your ID and social security copy)
Tomorrow, Can you visit our store at 10:10am? Because the Asian named KW will be there, He will stop working there. You need to learn some  from him some. the other will be taught by by wife later.
hope you affirmative answer soon.
Thanks.
Sang
 
AN ODD WITHOLDING ARRANGEMENT.  FICA ALONE IS 5.5%
 
AFTER WORKING THE FIRST DAY, SHOWING THE SOCIAL SECURITY CARD WITH MY OLD NAME, AND EXPLAINING MY SITUATION, I RECEIVED THIS EMAIL:
Subject: [No Subject]
From: Snag Jung (myaspen2004@yahoo.com)
To: ginadouglas@ymail.com;
Date: Tuesday, July 31, 2012 4:57 PM

Hello Gina!
 
We thought again because we need to meet many sales man and delivery in the morning.
We think it is very important negotiation with sales man because our selling price is should be competitive.
My wife told me she will open and meet sales man in the morning because you don't have any experience of purchasing and ordering. And also we cannot hire two employee in the morning same time because we expend too much cost.
So we will keep your resume and inform you when we need a cash register only.
We appreciate your coming this morning and my wife will pay today's working anytime when you visit our store.
It was very nice contact to know each other. We will try to find suitable position here continuously if you want.
 
Appreciate your coming today.
Thank you again
Sang 
 
THE THING IS, HIS WIFE BARELY SPEAKS ENGLISH, AND COULDN'T NEGOTIATE THE PRICE OF A GLASS OF LEMONADE WITH A CHILD.
 
EVEN THOUGH HE CLAIMS THEY AREN'T GOING TO HIRE ANYBODY FOR THIS JOB, THE FOLLOWING AD APPEARS ON CRAIGSLIST:

Employee in Liquor store (Pikes peak)




Looking for cash register, stocker, cleaner who is honest, sincere, dependable and healthy.
Preferrable if over 40, and male.

  • Location: Pikes peak
  • Compensation: From $7.59 To $9.59
  • This is a part-time job.
  • Principals only. Recruiters, please don't contact this job poster.
  • Please, no phone calls about this job!
  • Please do not contact job poster about other services, products or commercial interests.
PostingID: 3178837381
 
THE NEXT DAY, THEY HIRE ROBERT TO WORK THE JOB THAT WAS FIRST OFFERED TO ME, AND THEN SUPPOSEDLY TO BE DONE BY HIS WIFE.
 
VARIOUS NEGOTIATIONS OCCUR BY EMAIL, EVENTUALLY I SEND THIS:
Subject: Colorado Discrimination Law
From: Gina Douglas (ginadouglas@ymail.com)
To: myaspen2004@yahoo.com;
Date: Tuesday, August 7, 2012 12:23 AM


I want to give you this link: http://www.dora.state.co.us/civil-rights/

That is the division of the state government that will be investigating whether you fired me because I am transgender, which would be very much against state law.  Since your ad itself shows you have an inclination to discriminate based upon age and gender, which violate the same state law, you have a very bad position.  I also have a recording of my conversation with your wife, to prove my case, as she contradicts your explanation of my dismissal.  Then your new ad, contradicts your wife's explanation.  So, I have proof that you both lied, and proof that you have an inclination to discriminate.  It will take the state a year to process this, but when you lose this case, you will owe me back pay for that entire year, and my legal fees.  Plus whatever punitive violations the state feels are appropriate.  I suppose you will also need to hire a lawyer to deal with the all the paperwork and such.

I plan to file my complaint with the Colorado Civil Rights Division on Friday, if we have not reached an agreeable resolution.  I also plan to get my gay allies to picket and protest your store.  I'm sure that will get in the news.  Feel free to contact me if you wish to negotaiate.

AFTER MORE NEGOTIATION, I GET A SECOND JOB OFFER:
 
Subject: Your working time
From: Snag Jung (myaspen2004@yahoo.com)
To: ginadouglas@ymail.com;
Date: Friday, August 10, 2012 11:00 AM


Hello Gina,
 
I just let you know your working days and times will be on Tue, Thur and Sat.
Three days a week from 7pm to Midnight.
You will do cash register from 7pm to 10pm, After10pm you will stock, arrange store and cleaning.
My wife will we there on or around 10pm when you work for your working( stock, arrange store and cleaning). My wife will do a cash register when you stock, arrange, cleaning.
I will send one more message about any regulations that the employee should be keep when employee are work at our store. Employee need to sign on the sheet(s) of our regulations.
 
You will work together with my wife for the time being until you can operate cash register pretty well.
I think it will takes two days.
 
Sang  
 
MY THINKING ON IT WAS TO TAKE THIS OPPORTUNITY TO PROVE MYSELF AS AN EXCELLENT WORKER, AND EVENTUALLY GET THE ORIGINAL JOB, WHEN ROBERT LEAVES.  I DO AN EXCELLENT JOB, AND MY HOURS ARE INCREASED TO 32/WEEK. I WORK THANKSGIVING AND NEW YEARS DAY, AT STRAIGHT TIME.  EVEN THOUGH I AM SUPPOSED TO BE OFF ON NEW YEAR'S EVE, AND HAVE PLANS, I CANCEL THEM AND WORK BECAUSE ROBERT HAS THE FLU.  RIGHT.  HOLIDAY FLU.
 
BUT, WITH ROBERT LEAVING, I WAS TOLD THAT I WOULD NOT BE CONSIDERED FOR THAT JOB BECAUSE, "YOU ARE A SPECIAL CASE."
 
MOREOVER, I AM TOLD THAT MY HOURS WILL BE CUT BACK TO THE ORIGINAL 3 DAYS AND 15 HOURS, AND THEY ARE GOING TO HIRE SOMEBODY NEW TO WORK THE OTHER FOUR DAYS AND 17 HOURS.  ESSENTIALLY, THEY WANT TO HIRE TWO NEW PEOPLE ABOVE ME, WHILE KEEPING ME AT THE BOTTOM OF THE TOTEM POLE.
 
MY THINKING IS, THEY DON'T WANT ME WORKING IN THE DAYTIME, WHEN THEIR FRIENDS COME IN TO SHOP.
 
SO I SENT THE FOLLOWING EMAIL:

 
Subject: Future plans for the store?
From: Gina Douglas (ginadouglas@ymail.com)
To: myaspen2004@yahoo.com;
Date: Friday, January 4, 2013 2:23 AM


I was very disappointed to hear that you plan to cut my hours and hire two new people. Consider this email to be giving you notice that I believe that is unlawful discrimination, which I am formally protesting.

I believe you may have some concern about my ability to negotiate with your vendors. I will let you know that I was once world-ranked in a game called Diplomacy, a game of pure negotiation. For the two years that I seriously played the game, I was ranked in the top thirty in the world, of thousands of players.

Diplomacy is said to be, “The iron fist in a velvet glove.” Sometimes you keep the glove on, sometimes you take it off. But you keep your deals, and don't hold grudges. I'm gonna take my glove off for a minute here, but I assure you, I would prefer to keep the glove on in the future, after we reach an agreement.

I understand that you have had difficulty with disloyal employees in the past. I believe that loyalty is a two-way street. People are loyal to each other. Perhaps you cultivated disloyalty in your previous employees, by failing to treat them with fairness and respect. Perhaps you turned their loyalty, by failing to reciprocate.

I have worked very hard for you. I worked two holidays, and didn't ask for holiday-pay like nearly everybody in America gets for working Thanksgiving or New Years. When asked to give up my one holiday off, on short notice, because of another employee's disloyalty, I worked. When I found your ice machine malfunctioning, I could have turned a blind eye and went home, let you find a flood in the morning; instead of moving 2000 pounds of ice, as fast as I could, to your benefit; and avoided a whole lot of sore muscles. When I found a carton of cigarettes in the garbage by mistake, I could have not noticed them, tossed them in the garbage, and retrieved them later.

Your store is cleaner than it has probably ever been, because of my hard work. The store reeked from how filthy the cooler had become, and that mildewed mop spreading stink all over the store every time the floor was mopped. Now your cooler is crystal clean, organized like a library, and can be restocked in half the time it used to take. The organization of the cooler can even facilitate more efficient purchasing of stock. I even organized that rat's nest storage area in the front of the store and unclogged your toilet.

And my reward for all this is what? Suspicion that I'm stealing? Cutting my hours? Giving me no consideration for Robert's job, the job that should have been mine in the first place, and was offered to me before you knew I was transgender?

I took this job as opportunity to prove myself to be the best employee you ever had, and I think I have done so.

I have earned your trust, and I have earned your loyalty. I have been very good for your business. Young doesn't want to be there; you think your customers don't sense that? Your customers appreciate that I treat them as individuals, take an interest in them, make them laugh, try to speak Spanish.... Americans don't like being greeted with a fake smile, and an insincere, “How are you?” They want people to compliment their appearance, notice their team colors, joke around. Black people particularly like me showing an appreciation of their music by playing it. Every hour that Young is on that cash register, instead of me, costs you business. She's doing her best, but she is just worn out. But people know that I am happy to be there, and it makes them happy to be there.

I can't even begin to calculate how much money that cokehead Robert cost you with his illogical ordering. I firmly believe that he was getting kickbacks from the drivers for taking stuff off their hands that nobody else would buy, especially his last purchase. I can do alot better.

I implore you not to create a situation that causes me to file a Civil Rights complaint. I have won other cases, and my case against you, going back all the way to the beginning, would be a slam-dunk. But I don't want that hassle, if it can be avoided.  I believe it's likely that you and Young would prefer having less hassle to having more, as well.

I am not the kind of person that holds a grudge against another Christian who has made a mistake, if they are genuinely sorry and make amends. All I want is a normal job and a shot at a normal life. If you help me with that, I'm going to continue to be grateful and loyal.

But if you don't give me fair consideration for Robert's job, or if you take hours away from me and give them to somebody else; I will file a complaint with CCRD, and I guarantee you that CCRD will order you to pay me the difference between my actual earnings and what my earnings would have been for the original 30 hours a week, going back to Day One, continuing until the case is settled, and for another year thereafter. I assure you, that if you employ someone else to work hours that are now mine, you will be paying double wages. You can pay somebody else to do my job, but in the end, CCRD will force you to pay me for all those hours as well. Moreover, I am sure I am sure that I can organize a protest that will cut your sales by at least 50%, especially since I made friends with so many of your customers.  I am all-in, you think I'm bluffing, then call my bet.

You may be thinking at this point that you would be justified in firing me, just for talking to you like this.  But I assure you that such action would be another violation of the anti-discrimination law, specifically what the law calls "retaliation against lawful protest."

I would prefer to make a deal around a job, and I assure you that I will keep my end of it, without rancor, should that be the result. I trust you would keep your end of a deal, because it would be in your self-interest. I really hope we can put this behind us, and go forward. I am sure that I can, and believe that you and Young would also be able to do so. However, if you force us into an adversarial relationship, I am sure that we will all regret it.

THE REPLY FOLLOWS:
Subject: Responding to your mail message
From: Sang Chung (myaspen2004@yahoo.com)
To: ginarileymsls@yahoo.com;
Date: Thursday, January 10, 2013 6:29 PM

You need to understand the situation here and use correct words. This isn't "Unlawful discrimination" nor are you protesting it. You were only working temporarily while Mr. Lee was gone. My wife also told you that. If we decide to hire a new employee you can work the same hours as before.

I have no interest in your personal life. Nor do I care about Diplomacy. I want to only judge you based on how you work.

We have not had much problems with past employees than you imply. Like you said the relationship between a employee and a employer is a two way street. 

We thank you and appreciate you for working hard in our store. But in my memory, I believe other employees did just the same amount of hard work if not more.

We thank you again for your keeping the store clean, but isn't that what employees are supposed to do? We like to hire employees who keep the store clean; if they didn't clean, we would fire them. Also, past and other employees have cleaned before too.

Your reward is the money that we paid for your hard work. Why do you think that we suspect you for stealing? Did you steal? "Cutting" is not the right word. We never "cut" your hours, you worked temporally more than usual, and now you are returning to your usual hours.  I understand how you would want Robert's job, but who gets that job is not for you to decide.

 
Its nice to hear that you are getting along well with the customers and how they like you, but that is your opinion. Customers might think differently than what you claim. No one can be liked by everyone they meet.

Do not judge other employees that we hired. Their problem is irrelevant to you. 

The person that "creates a situation" is nor me. It is you.

 
We have no reason to be sorry or make amends. Our relationship is just another employee and an employer's. As far as I know, we already helped you. We hired you to work at our store when the economy was bad. We asked you to work Lee's hours for temporary when he left suddenly because we thought you are good. But You are breaking our relationship with this kind of black mailing. So we were realized that you are not as much as we thought.

Like I said before, I hope you choose the correct words. We never took your hours. You were only working temporally, we are hiring another employee to give you back your original time.
 
You can file a complaint, it's your choice. You can make our lives harder. It's also your choice. However remember that every thing you do has its own consequences.

You always assume things. Whether we fire you or not is our decision. There is nothing more to it than that. Whatever happens and whatever you would like to do is your choice.

There is no "deal" to make. We made one long ago when we hired you: for us to pay you and for you to work assiduously. We will make decisions rationally and with reason. We see this as a form of black mailing. This kind of message to make someone give you what you want is unethical. This kind of message can in fact work against you in the future.

So it is very sorry to say that you are requested to stop working in our store from today.

Sang