IL Ruffino
08-05-2006, 17:24
Workplace spanking leads to lawsuit
Ex-employee of Alarm One in Fresno says she was humiliated by work practice.
By Pablo Lopez / The Fresno Bee
(Updated Tuesday, April 25, 2006, 9:17 AM)
A former Fresno alarm systems company saleswoman who was spanked by her supervisors while her co-workers watched and jeered wants money for her humiliation.
Alarm One Inc.'s lawyers say the spankings — with a competitor's yard sign — were done in fun to build camaraderie among the sales force and that there was no intent to hurt employees.
Janet Orlando, 53, says she was so embarrassed by her three spankings that she quit her job as field supervisor in February 2003. She's now in Fresno County Superior Court, alleging in a civil trial discrimination, assault, battery and infliction of emotional distress.
Alarm One's lawyers say Orlando voluntarily quit after five months at the company and that she was a willing participant in the spankings. They say the practice wasn't discriminatory because supervisors spanked both male and female employees.
Testimony in Fresno County Superior Court Judge Wayne Ellison's courtroom is expected to wrap up today. After closing arguments, a jury of six men and six women will decide the case.
A key issue is Orlando's credibility. She has testified that she is a recovering prescription drug addict who has been arrested twice for shoplifting.
Alarm One, based in Anaheim, has more than 300 employees who provide sales, installation, service and alarm monitoring to thousands of families across the United States, the company Web site says.
The company and its supervisors are being defended by Fresno lawyers K. Poncho Baker, Katherine Hart and Russell Cook. Orlando's lawyer is Nicholas "Butch" Wagner, also of Fresno.
Court records say the company's motivational practices began in the Hayward office, where sales teams competed, with the winners poking fun at the losers. The conduct included throwing pies at the losers, feeding them baby food, making them wear diapers and swatting their buttocks with a competitor's yard sign.
The practices extended to the Fresno branch soon after it opened in July 2003. The spankings ceased in early 2004 after corporate officials learned that another employee complained of being injured, court records show.
Hart likened the antics to old-fashion fraternity hazing of eating a gold fish. A harmless act until someone accidentally dies, she said.
"There was no intent to hurt anyone," Hart said. "It was motivation sales antics gone awry."
Testimony has revealed that Alarm One typically hires young men and women to walk neighborhoods and make sales pitches to homeowners. The employees work on commission and are required to attend daily sales training meetings.
According to Wagner, sales people who arrived late for a meeting or talked out of turn were subject to a spanking. "The spankings also were used to increase productivity from its work force," he said.
During the spankings, the sales force hooted and shouted lewd comments such as "Bend over, baby" and "You've been a bad girl," according to court documents.
Because of her age, Orlando saw herself as a mother figure, who was a willing participant in the company's motivational meetings, former Alarm One supervisor Nina Correia testified last week.
Correia, 23, said she trained Orlando and that Orlando never complained about being spanked. She said Orlando had fun at the meetings and also uttered foul language when people got spanked.
"She was willing, ready and excited about being there," Correia testified.
According to Correia, Orlando abruptly quit the company because she was passed over for promotion, not because she was spanked.
Correia initially testified that the spankings were done in fun. But on cross-examination, she conceded that in her pre-trial deposition she didn't agree with the spankings: "That's not my extracurricular activity. I have to work, you know."
She also said in her deposition that the spankings were not a secret from corporate officials.
Mark Keppler, a California State University, Fresno, professor of human resource management, also has testified that the atmosphere at the Alarm One meetings was like that of a strip club. The difference is that strip clubs would not allow physical attacks on its employees, he said.
Keppler, who examined court documents and witnesses' depositions in connection with the case, said Alarm One limited employees' complaints of sexual harassment to supervisors who likely did the spankings.
And once corporate officials learned of the spankings, Keppler said, they did a cursory investigation by e-mail or telephone calls, and failed to talk to all of the employees.
"The company policy was geared toward damage control," Keppler said.
In addition, Keppler said, supervisors who spanked employees weren't suspended or terminated; instead, they received a verbal warning. In comparison, when a female salesperson didn't go to work because her grandfather was gravely ill, she was written up, Keppler said.
Keppler believes the spankings were condoned by corporate officials. He cited the testimony of Rondell Harris, vice president of sales. Confronted about whether the spankings took place, Harris said in his pretrial deposition: "Maybe."
"That's not a straight answer," Keppler testified.
Corporate officials stopped the practice of spanking once a female employee was injured, Keppler agreed, but their concern was not sexual harassment. Instead, they were concerned about the company's workers' compensation liability, Keppler said.
"The company clearly knew this was happening," Keppler said. "But it took the see no evil, speak no evil, hear no evil approach."
On cross-examination, Baker, who represents Alarm One, asked Keppler whether he had an opinion about the company before he read the material. Keppler said no.
Baker said Alarm One officials give sexual harassment training to its employees, thoroughly investigates employees' complaints and immediately ceased the spankings once the practice was revealed to corporate officials.
Clicky yo! (http://www.fresnobee.com/local/story/12096994p-12848603c.html)
1. How kinky.
2. Wish I worked there.
3. Sorry if this is old news.. just saw it on GMA this morning.. that lady got 1.7mil :eek:
4. Your thoughts?
Ex-employee of Alarm One in Fresno says she was humiliated by work practice.
By Pablo Lopez / The Fresno Bee
(Updated Tuesday, April 25, 2006, 9:17 AM)
A former Fresno alarm systems company saleswoman who was spanked by her supervisors while her co-workers watched and jeered wants money for her humiliation.
Alarm One Inc.'s lawyers say the spankings — with a competitor's yard sign — were done in fun to build camaraderie among the sales force and that there was no intent to hurt employees.
Janet Orlando, 53, says she was so embarrassed by her three spankings that she quit her job as field supervisor in February 2003. She's now in Fresno County Superior Court, alleging in a civil trial discrimination, assault, battery and infliction of emotional distress.
Alarm One's lawyers say Orlando voluntarily quit after five months at the company and that she was a willing participant in the spankings. They say the practice wasn't discriminatory because supervisors spanked both male and female employees.
Testimony in Fresno County Superior Court Judge Wayne Ellison's courtroom is expected to wrap up today. After closing arguments, a jury of six men and six women will decide the case.
A key issue is Orlando's credibility. She has testified that she is a recovering prescription drug addict who has been arrested twice for shoplifting.
Alarm One, based in Anaheim, has more than 300 employees who provide sales, installation, service and alarm monitoring to thousands of families across the United States, the company Web site says.
The company and its supervisors are being defended by Fresno lawyers K. Poncho Baker, Katherine Hart and Russell Cook. Orlando's lawyer is Nicholas "Butch" Wagner, also of Fresno.
Court records say the company's motivational practices began in the Hayward office, where sales teams competed, with the winners poking fun at the losers. The conduct included throwing pies at the losers, feeding them baby food, making them wear diapers and swatting their buttocks with a competitor's yard sign.
The practices extended to the Fresno branch soon after it opened in July 2003. The spankings ceased in early 2004 after corporate officials learned that another employee complained of being injured, court records show.
Hart likened the antics to old-fashion fraternity hazing of eating a gold fish. A harmless act until someone accidentally dies, she said.
"There was no intent to hurt anyone," Hart said. "It was motivation sales antics gone awry."
Testimony has revealed that Alarm One typically hires young men and women to walk neighborhoods and make sales pitches to homeowners. The employees work on commission and are required to attend daily sales training meetings.
According to Wagner, sales people who arrived late for a meeting or talked out of turn were subject to a spanking. "The spankings also were used to increase productivity from its work force," he said.
During the spankings, the sales force hooted and shouted lewd comments such as "Bend over, baby" and "You've been a bad girl," according to court documents.
Because of her age, Orlando saw herself as a mother figure, who was a willing participant in the company's motivational meetings, former Alarm One supervisor Nina Correia testified last week.
Correia, 23, said she trained Orlando and that Orlando never complained about being spanked. She said Orlando had fun at the meetings and also uttered foul language when people got spanked.
"She was willing, ready and excited about being there," Correia testified.
According to Correia, Orlando abruptly quit the company because she was passed over for promotion, not because she was spanked.
Correia initially testified that the spankings were done in fun. But on cross-examination, she conceded that in her pre-trial deposition she didn't agree with the spankings: "That's not my extracurricular activity. I have to work, you know."
She also said in her deposition that the spankings were not a secret from corporate officials.
Mark Keppler, a California State University, Fresno, professor of human resource management, also has testified that the atmosphere at the Alarm One meetings was like that of a strip club. The difference is that strip clubs would not allow physical attacks on its employees, he said.
Keppler, who examined court documents and witnesses' depositions in connection with the case, said Alarm One limited employees' complaints of sexual harassment to supervisors who likely did the spankings.
And once corporate officials learned of the spankings, Keppler said, they did a cursory investigation by e-mail or telephone calls, and failed to talk to all of the employees.
"The company policy was geared toward damage control," Keppler said.
In addition, Keppler said, supervisors who spanked employees weren't suspended or terminated; instead, they received a verbal warning. In comparison, when a female salesperson didn't go to work because her grandfather was gravely ill, she was written up, Keppler said.
Keppler believes the spankings were condoned by corporate officials. He cited the testimony of Rondell Harris, vice president of sales. Confronted about whether the spankings took place, Harris said in his pretrial deposition: "Maybe."
"That's not a straight answer," Keppler testified.
Corporate officials stopped the practice of spanking once a female employee was injured, Keppler agreed, but their concern was not sexual harassment. Instead, they were concerned about the company's workers' compensation liability, Keppler said.
"The company clearly knew this was happening," Keppler said. "But it took the see no evil, speak no evil, hear no evil approach."
On cross-examination, Baker, who represents Alarm One, asked Keppler whether he had an opinion about the company before he read the material. Keppler said no.
Baker said Alarm One officials give sexual harassment training to its employees, thoroughly investigates employees' complaints and immediately ceased the spankings once the practice was revealed to corporate officials.
Clicky yo! (http://www.fresnobee.com/local/story/12096994p-12848603c.html)
1. How kinky.
2. Wish I worked there.
3. Sorry if this is old news.. just saw it on GMA this morning.. that lady got 1.7mil :eek:
4. Your thoughts?