Sears - Physical, mental and verbal abuse for years reported daily, two attorney letters, no response
Letter to Sears regarding abuse:
ATTORNEYS AT LAW
April 4, 2007
Mr. Aylwin Lewis
Chief Executive Officer Sears Holdings Corporation 3333 Beverly Road
Hofi-nann Estates, IL 60179
Re: Unit # 8307
Melville, New York
Physical, Mental and Verbal Abuse beginning March 2005
Dear Mr. Lewis
I would like to bring to your attention a series of physical, mental and verbal abuse that has been going on, has been reported to Human Resources countless times and was allowed to continue to go on after reporting the abuse to Sears National Human Resources on April 21, 2005, case number 4355698.
David Anobile was abused physically, mentally and verbally by a number of employees. Eli Green (a supervisor in his 50's) repeatedly hit David Anobile in the stomach each day calling him Mr. Magoo, Uncle Fester and a virgin for months in 2005. Stephenson repeatedly told David he was ***, and that he had sex with his mother — who has a pacemaker and he is the sole caretaker of her. Nick Riga wet toilet paper with soap, threw it on the ceiling of the men's room in order for it to fall on David Anobile while on the toilet. A formal complaint was registered in April 2005 but the abuse continued. Karen Tucker continually called him Forest Gump and a 40-year old virgin. She persisted daily to have names of people he had relations with in order to prove to her that he was not a virgin.
David Anobile had gone to his Human Resources representative, Ann Bachteler on numerous occasions, whereupon he was told to ignore the abuse. He tried, but it did not cease. Karen Tucker's sister, Nicki Tucker teased him and ridiculed him daily for being a virgin for refusing to date her girlfriends. When he refused they called him a racist. They would laugh at him all day and torment him. He was called a ***; lewd sexual comments were made
about he and his mother, suggesting that he engaged in incestual relations with her. He was punched, pinched and had his feet stepped on whenever he had new sneakers, causing his diabetic condition to be aggravated. An employee, Benya, repeatedly went after David with a staple gun, trying to staple David's ears. David was even harassed in the bathroom. Wet toilet paper would be thrown to the ceiling of his stall, to fall on him. Never did David strike back. Ann Bachteler was aware of this the entire time. Eventually Benya was suspended for one day. Soon, David stopped registering complaints because no serious action against these individuals would be taken. David even had to endure lies being made up that he had fought with one of the truck drivers, causing the driver to want to assault David - a lie which an employee, Moses, later admitted.
David Anobile worked diligently, never took a day off from work and was 15 minutes early for work every day. He took pride in his work as evidenced by his impeccable reviews and compliments from his supervisor, Sean Reardon and Vice President, John Schuler, who shook his hand and told him he was doing a great job. He received an award for Employee of the Month; showed up for work early; and rarely took days off.
After those employees left Sears, he continued to be harassed by employees who followed the example of the others. David Anobile is a 40-year old man with who suffers from severe diabetes. He has worked hard all of his life and has perfect employment records, 11 years in Newberry's, had his own hot dog truck for 10 years, was a bonded security guard and worked in Sears for over 3 years. He is a Christian, active in his Church and a jazz drUmmer. Moses constantly attacked his faith and accused him of not being a Christian and would constantly test him with Bible scriptures in order for him to prove that he was a Christian.
For months beginning in 2006 David was constantly harassed by Benya Paul. He complained to Ann Bachteler daily, who finally moved Benya Paul into another department. Every employee witnessed the abuse, some told him to ignore it, others told him to report it, yet others reported it to Ann Bachteler themselves since it was so upsetting to them. He also reported the abuse on countless occasions to Diana Cutrone and Steve Schimoller, who also told him to ignore it. It was never addressed properly.
The abuse was constant and filthy. David was accused of sleeping with his mother, was told Benya Paul wanted to sleep with his sister and have a baby, he wore his dead father's clothes and that he was cheap.
Finally, the last straw was Tuesday, March 20 when Benya Paul and Louis stomped
on his diabetic toes. He went home crying. The next day when Benya Paul made an improper gesture to David during their break, David - for the first time in his career - imitated his tormenters. Unknown to him, the gesture he copied was supposedly seen by a female employee who saw the exchange between David and Benya and complained. Neither one of them knew she was watching from afar, they thought they were alone in the lunchroom. The next day David, and only David, was fired. He was not suspended for only one day as others. After suffering all this abuse HE was fired, not the abusers.
The questions are how can someone be abused every day for over 3 years, with formal complaints and nothing ever have been done? How can a Human Resource representative not address physical, mental and verbal abuse over a 3-year period?
Before instituting formal suit and filing a Complaint with the Department of Labor concerning this prolonged abuse, David Anobile is requesting:
1. He be allowed to resign.
2. He be allowed to use Sears as a reference, since he was an excellent employee.
I know that you will address this in the proper fashion in order to protect the reputation of Sears and avoid my family having to explore further legal action. I thank you for your prompt attention to this matter.
cc: Barbara King, Esq.
Edward S. Lampert, Chairman — Sears Holdings Corporation Sears — National Human Resources Department
The Office of Compliance and Ethics
Chief Compliance & Ethics Officer