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Saturday, November 9, 2013

Let Me "Summit" Up: Disrespect, Indignity ... Do Not Let Appearances Fool You!

The Summit Downtown (Fitness Center)
901 New Hampshire
Lawrence, KS 66044
Phone: 785-856-7979

Hours: Mon-Thur: 5am - 11pm; Fri: 5am - 9pm; Sat: 7am - 7pm; Sun: 9am - 7pm

A severely disabled Veteran and retired (2005) Air Force lieutenant colonel, I try to take care of the body I am left with after 20 years of austere environments and over 4 years in combat zones (Operations JOINT ENDEAVOR, ALLIED FORCE, SOUTHERN WATCH, AND ENDURING FREEDOM.  I cannot do as much as I used to or as I would like, but the gym is one of the few places I can relax and, beside the golf course, a safe haven where I can cope with the stresses of life. I spent most days of my 20-year career in military gyms and have been a YMCA member for over 10 years, but when we moved to Lawrence, Kansas in August of this year, I was disappointed to find that there was no YMCA in Lawrence. A town of 90,000 and no YMCA?

I bought a Groupon for a 6-week trial at Genesis Fitness for $20, expecting to join if I liked the facility. I did not. The facility was filthy, the sauna never worked, and when I spoke to a manager about joining, he insisted I must pay a $75 “joining fee” and sign a contract for 2-3 years if I wanted their best monthly rate. Hard-sell gym tactics, contracts, and application fees went out with the 20th Century, or so I thought, so I told the man that I would take my business elsewhere. He could have obviously cared less.

I decided to try The Summit, a modern facility in a relatively new building just five blocks from our new Lawrence home (it is actually over 150 years old and a historic home) due to its proximity and a four-month “Fall” special for $150. Not a fantastic bargain ($37.50 per month – I paid less at the Kansas City YMCA which is much nicer, larger, and with many more fitness options). The facility seemed clean and the staff appeared to be friendly and helpful, or so it seemed, so I signed-up for the special (with no initiation fee) with the understanding that I would pay $41.00 per month if I decide to continue.

I liked the facility for the most part, documenting my experiences along the way on Yelp, Foursquare, Facebook, and Twitter. Here are a few:

The Summit 10/16/2013
“The bench in the men's locker room is wonky and the TV on the first machine didn't work, but it's cleaner than Genesis by a mile!”

The Summit 10/19/2013
“The only concerns thus far are the saunas, which never seem to be hot enough, and the fans (the kind with blades), which always seem to be on, even on the coldest days. Yesterday was cold (45 degrees) and it was cold inside, but they still had the fans going full blast. When I asked if they could be turned down/off, the young lady behind the counter said "no". Being one of just three customers at the time, I do not think it was an unreasonable request.”

The Summit 10/24/2013
“I like the proximity and cleanliness, but the fans, sauna, and locker room benches leave MUCH TO BE DESIRED”

The Summit 10/28/2013
“I spoke to quickly in yesterday's check-in. Fans are going full blast today and it's freezing in here. Yesterday must have been a fluke ... They aren't monitoring social media after all and that's going to cost them that 4th star!”

The Summit 10/31/2013
“Can't tell if it's chance coincidence or if staff read my comments...today the fans are off and there's a real bench in the locker room...THANKS!”

Having studied diet and exercise extensively over the years for my own benefit and that of my clients (I am a licensed professional counselor specializing in mindfulness-based cognitive behavioral therapy - CBT), I understand the importance of a combination of aerobic activity (running, elliptical, etc.), resistance training (weightlifting), and flexibility (stretching).  I normally use the elliptical machines because they are easy on my knees and back, stretching and meditating afterward to complete my workout.

I had been stretching and meditating most days at The Summit because they had a wonderful thick red mat that was comfortable enough to meet my needs. Because of my disabilities, I find it painful and difficult to use the “Aeromats” (small, individual foam mats) most gyms provide for stretching because they do not provide enough padding, causing discomfort while I lay or sit on the ground.

When I went to stretch the other day, I noticed that the red mat was gone and replaced with mats similar to the Aeromats I dislike so much, so I asked Tanner (an employee) why my favorite mat was removed. He was very kind and helpful, explaining that the mat was worn on the bottom and had been taken away. He explained just yesterday that there was a similar red mat to the one I had been using in the “training” area of the facility and told me that his boss had said that I could use it to stretch if I chose to. I thanked him for his concern and kindness and went about my workout.

After completing my elliptical workout, I noticed that the training area was nearly empty and the red mat was not being used, so I entered to finish my workout with a good stretch and a few minutes of relaxation. As I moved to the mat to sit-down, I noticed one of the trainers (there were more trainers than “trainees”), a blondish 30-something woman with several tattoos on one of her arms, hovering around the area, stalking me like a security guard on a shoplifter. No sooner did I sit-down did she approach me stating, “Who are you working with today”.  I told her “nobody” and she told me that I was “not allowed in the area, it’s for personal training customers only”.  I told her that the owner had said that I could use the area to stretch, as Tanner had told me just a couple hours before, noticing one of the owners standing behind her like a back-up cop waiting to pounce on a criminal. She said, “Oh, you mean him” and I stated I did not know who, but that Tanner had told me just hours before that I had permission. Before I get the words out of my mouth, both she and the co-owner said “this area is for paying personal training customers only” (well excuuuuuuuuuuuuuuuuuuuuse me!) and at that I got up and left the area as ordered!

I believe in treating all with dignity and respect and as a business owner myself, particularly customers.  The Summit apparently does not hold the same values.  I found it extremely embarrassing to be stalked and thrown out of a facility I pay $40 per month to use and in such an unprofessional manner.  I have suffered many indignities at the hands of rude, self-centered people over the years, but never have I experienced such rude, unprofessional, and humiliating behavior in a place of business as I did at The Summit last night.

Now I feel anxious and stressed just thinking about returning to The Summit this afternoon, not knowing how I will be treated.  I am considering asking for a refund of my remaining fees, but there are few fitness options in this college town of nearly 100,000 other than Genesis, The Summit, and the University of Kansas (KU – where I can use their “world-class” facilities for just $20 per month), so I think I will wait until my trial period expires to find a suitable alternative. 

My disabilities, including a great deal of pain, and mood are eased by exercise and a clean, safe facility is very important to me.  Except for the filthy air intakes (see photo), The Summit is very clean, but I DO NOT FEEL SAFE any longer.  It pains me that one of my respites, a safe haven in which I can de-stress and take care of a body ravaged by time and combat, the gym, is now a place that causes me stress.

Veterans Day is next Monday, a day on which we show our appreciation for the men and women who have served our great nation.  Instead of feeling appreciated, I feel abused, but then this is not the first time I have been made to feel less than welcome in a public setting in recent years and, I am afraid, it will not be the last … unfortunately.  If you like being treated with INDIGNITY and DISRESPECT, YOU WILL LOVE THE WAY THEY TREAT YOU AT THE SUMMIT IN DOWNTOWN LAWRENCE!

Key Words: The Summit, SummitDowntown, fitness, center, gym, gymnasium, workout, exercise, elliptical, trainer, dignity, respect, combat critic.CombatCritic, TravelValue, Lawrence, Journal-World, Kansas

Sunday, October 20, 2013

Terravest Custom Homes, LLC - Do Not Be Fooled by the Friendly Demeanor

J. Stewart and his wife
Terravest Custom Homes, LLC - Do Not Be Fooled by the Friendly Demeanor

We contacted J. Stewart, the owner of Terravest Custom Homes, LLC, about building a two car garage BEFORE winter. We budgeted $20,000 plus or minus 10 percent for the project, being prepared to pay $18,000 to $22,000 in cash. Mr. Stewart seemed like a nice person when he came to do the estimate, seeming willing to work with us. 


We told him what our budget was and what exactly we wanted, a simple 24 foot by 24 foot two car garage on a cement slab with a double door, one window, one door, and electricity. We also wanted a quote to install a sidewalk from the garage to the front door. 


Mr. Stewart told us that he would try to keep costs down and estimated $30 to $40 a square foot for what we wanted, bringing the total to between $17,250 and $23,000 and very close to our budgeted amount. He told us that he could not provide a "final" quote until we had plans drawn up, so he recommended an architect whom we met with the following week.

When Mr. Stewart and the architect came to the house, we went through the process again, spelling out exactly where the garage would go, the size, and other details in order for the architect to draw up the plans to submit to the city. He told me that it would cost $600 to $1000 to complete the work and, trusting Mr. Stewart, we decided to go ahead with the plans in order to finish the garage before winter. That was on September 11th, 2013. The architect said that he should be able to finish the plans in a week.

A month went by with no word from either Stewart or the architect, so we contacted both and asked what the delay was. The architect said that it was taking longer than expected (obviously) and that he would go to the city to see if there were any restrictions as well as come back to the house to measure the house, lot, and other things necessary to finish the plans. We finally received the plans on October 17th, 36 days after we were promised they would be done in one week. Winter was quickly approaching and we wanted to get the project going ASAP.

With plans in hand, Mr. Stewart scheduled an appointment to come by with his quote on Friday, October 17th, he was about 30 minutes late. As I looked over the quote, I was quickly drawn to the total which was well over $30,000, FAR ABOVE the $30 to $40 a square foot we were quoted ($30,500 divided by 575 square feet comes to over $53 a square foot). I told Mr. Stewart that we could not afford $30,000 and he said "I can suggest some metal building companies", to which we replied "we already have a quote and it is only $6,000 for a metal garage". He quickly left without saying another word or offering to make things right.

I am extremely disappointed by his behavior, making us wait nearly six weeks then coming in $10,000 (a 50 percent increase over his estimated price) over his original quote, but I am more upset with myself for trusting the man. We now have no garage, winter weather will arrive in a few weeks, and we spent $600 we could not afford to have plans drawn for a garage that may never be built. I should have known better than to trust a human being after what we have been through in the last 5 years, but J. Stewart seemed like a nice man with integrity, so I thought he would do the right thing. He did not, so DO NOT BE FOOLED by his friendly demeanor and empty promises. We paid and are still paying for trusting J. Stewart and Terravest Custom Homes, LLC, so we believe you should proceed very cautiously before hiring him for any project, particularly one with tens of thousands of dollars on the line.


Key Words: Terravest, custom, home, J, Stewart, builder, remodel, garage, building, contractor, CombatActivist, Institutional, Terrorism, Lawrence, Kansas, 66044, Angie's, List

Wednesday, September 18, 2013

Navy Yard Shootings: Terrorist, Crazed Gunman, or Victim? Anything's Possible!

Having been the victim of whistleblower retaliation three times in the last 5 years, I would NOT be surprised if the Navy Yard shooting suspect was a victim of harassment, discrimination, and/or retaliation, what I call "Institutional Terrorism".

My core values are selflessness, loyalty, integrity, compassion, excellence, dignity, and respect, and I believe in DOING THE RIGHT THING, something that has caused me a great deal of personal and professional grief over the course of my life as many of you know. Telling the truth and feeling obligated to report wrongdoing are not qualities everyone appreciates as I have found out. Currently, neither I nor most of the world know what prompted the suspect in today's Washington DC shootings, Aaron Alexis, at the Navy Yard to lash out indiscriminately, killing a reported 12 souls and injuring at least as many. But I can speculate as I have in previous recent articles.

From reporting my bully of a boss at one of the country's largest general contractors to human resources in 2009 to filing a discrimination and retaliation complaint against a University of Missouri - Kansas City (UMKC) associate dean in 2011 to reporting whistleblower retaliation by a government contractor and the Department of the Interior just this year, I had no choice but to act if I were to be able to look at myself in the mirror each morning.

Unfortunately, neither private business nor government institutions care about employees or customers (people) and do not hesitate to lash out at those they see as a threat. Why? Because they can!

They, the individuals and institutions that will not hesitate to ruin a person's life if we do not conform to their expectations or, God forbid, threaten their existence or livelihood in the case of the gross fraud, waste, and abuse I and many others have witnessed and reported, are not concerned about being held accountable for their actions or inaction. Discrimination and retaliation laws in this country, particularly whistleblower retaliation law and policy, have been degraded since the Bush (II) administration and are rarely if ever enforced because of the high costs involved with investigating or prosecuting cases and because attorneys will not touch a case unless there is a high probability of success and six to seven figure settlements. Pro bono you say? Yea ... right!

Lawyers will do nothing "for nothing" unless forced to or unless there is national media attention in the cards. Corporations and other large institutions know they can get away with attacking employees and customers because they know, in all probability, that they will get away with it.

Back to Alexis and the tragic massacre in Washington DC. I have no idea what compelled this man to lash out at coworkers, but based on my own experience, other mass shootings (aka "going postal"), and knowledge of human behavior, there is a chance that this man had been persecuted by a fellow employee or supervisor and was let down by a system (supposedly) designed to protect him. Having experienced the frustration that comes with that firsthand, I can tell you that retribution against attackers, at least the thought of such, is a distinct possibility. Add anxiety, depression, and loss of job, home or relationship to the thought of retaliating against our attackers and you have the making of a time bomb waiting to explode.

Most of us have the positive values and resilience to deal with such thoughts or temptations to act more humanely, more reasonably than others in those situations. But a small minority of the population, those overwhelmed by stress for example, do not.  Was Alexis one of them? Only time will tell.
One thing is for sure, Alexis, a Navy Reserve veteran, will undoubtedly be categorized and condemned, as are most Veterans, as being "aggressive" and "threatening", and has already been labeled as having "anger problems" in a Fox News (@FoxNews) report just hours after the attack. I have written extensively about false perceptions among the civilian sector about Veterans, lumping us all together and generalizing that Veterans are "all angry, aggressive, and threatening" because that is how we have been portrayed in the media for decades, if not centuries.

Murder has declined sharply over the last 20 years, but mass murders have increased significantly since 2002. On average, 14,000 Americans die by the hand of an other each year and mass murder (shootings) has spiked with dozens murdered each year in 6 of the 7 most recent years (Virginia Tech, Fort Hood, Sandy Hook, Navy Yard). A total of 167 souls have died through mass murder in the last decade. Considering the fact that mass murders have become more prevalent recently, it appears to me that the stresses of war, the aftermath of 9/11 and threat of terrorism, a faltering economy, and degradation of whistleblower retaliation protections may play a critical role. The chances are astronomically AGAINST being the victim of mass murder, but proportionally MUCH HIGHER (when compared to murder in general) than just a decade ago.

When will this madness stop? Most likely, never. Until Institutional terrorism is addressed and laws protecting citizens from the powers that be are given more than "lip-service", there will always be those who feel their only course of action is violence when their back is against the wall. Or maybe Alexis was just a nutcase. That is a distinct possibility and, as more information is released, appears to be a very likely "part" of the story.

God bless the dozens of men and women killed or wounded in this horrible tragedy and God bless the families left to deal with the resulting grief and loss from a life cut short or severely disrupted by such an event, including the Alexis family. My prayers are with each and every one of you.

Key Words: Aaron, Alexis, Navy, Yard, shooting, violence, Washington, DC, NavyYardShooting, killed, murder, mass, murderer, shooter, military, Veteran, reservist, wounded, dead, institutional, terrorism

Tuesday, September 17, 2013

Lawyers: Selfless or Narcissist … What Do You Think?

Here is a great example of the difference between selfless people, those who go into the caring professions (veterinarians, nurses, social workers, etc.), and narcissists (the antonym of "selfless"), those who go into other professions, usually more prestigious and lucrative.  Can you say attorneys?  Sure you can!

I have seen literally hundreds of clients (I am a licensed psychotherapist) free of charge, "pro bono", hundreds, over the last 22 years, yet I have not and will not brag about it and would never think of mentioning it publicly except to highlight a poignant example, as I am here.

This particular lawyer, who I am sure is not an evil person and in-fact helped my wife get her attorney in her recent successful lawsuit, bragged about HIMSELF on Facebook yesterday (see referenced post below) about how he "waived" an amputees expenses "AND" ONLY CHARGED HIM HALF OF HIS NORMAL FEE ... ONLY HALF OF WHAT, $250 AN HOUR?  This poor man with only one leg had to pay just $125 an hour!

Here is his post:
"I am so humbled by the faith people put in me. I am also overwhelmed by the perspective my clients have despite facing the worst tragedies. I just settled a case today for a man who suffered a leg amputation when a car pulled in front of his motorcycle. Over the time I have been his lawyer, I never heard him complain ONCE about how he felt or how his entire life has been re-written. He was surely in pain, scared, frustrated -- but his attitude was always shockingly positive and upbeat. This client trusted me sight-unseen on the recommendation of a mutual friend. He lives half a country away, and could have picked any of the lawyers knocking on his door. But he chose me. His attitude and spirit prompted me--after our very first conversation--to waive his case expenses AND more than half of my usual attorney fee. So I am thankful to know this client, and I extend boundless appreciation to him  and our mutual friend who put us on the other's path."

When I think of pro bono, I think of the legal profession.  We always hear about attorneys who take pro bono cases for the poor or disabled right?  The problem with that is those cases are usually high-profile cases, the ones that make it on television, shows like 48 Hours, 60 Minutes, or one of other well known programs.  The others are usually during highly publicized trails like Casey Anthony, Jodi Arias, or Robert Zimmerman to name a few recent examples.  Why is it that only these people get “pro bono” defense?  PUBLICITY, that is the reason, tens, if not hundreds, of thousands of dollars in FREE PUBLICITY … how altruistic those lawyers are!

This guy sees himself as a hero because he reduced his fee by half and ate the expenses, which normally do not add up to much or are highly inflated in the first place.  Here is a poor guy who lost his leg and probably cannot work, and the lawyer probably ended up with between $60,000 and $140,000 of the man’s money!  They probably settled out of court too, saving the attorney a hundred or more hours work while raking in the same (or more) than he would have if it had gone to trial.

Let me tell you a brief, "hypothetical", story.  A law firm takes on a case for national origin discrimination.  The big cheese, the guy the firm is named after makes only rare appearances, during the first meeting and when they go to mediation.  The rest of the time his “staff” works on the case only when they have time, rarely returning phone calls or emails from the victim because they are focused on bigger issues, other cases.  The entire firm spends minimal time, all the while telling the victim “you have a great case, we’re going to get you close to $500,000!”, which is a pittance compared to what she should receive for having her reputation ruined and losing her career.

As the trial date approaches, the lawyers realize that they have not done enough work, also called due diligence, and dropped the ball, so they ask for a five month extension from the court and it is granted.  Five additional months of stress for the victim and her family, needless stress because the law firm had higher priorities elsewhere.  Only then do the depositions begin, depositions that should have been happening months ago.  They have not even contacted the victim’s top witness yet and do not do so until she insists.  This is just a week before the mediation, which comes out of nowhere to the victim only a month before trail!

In the interim, the big honcho (he even wears a cowboy hat) is taking care of other cases and not even thinking about the victim’s case.  Now, finally, in the few months directly before the mediation and trial, his cronies (low-wage lawyers – compared to the honcho anyway) are finally spending some time on the case.  They probably spent no more than  50 to 60 hours total, and that is probably a stretch, on the case before the surprise mediation (an event the victim was told nothing about until last minute).

As they go into mediation, the honcho is finally there with his crisp brown Stetson, along with his two cronies.  The mediator comes in, a retired judge, and it is like “old times”, the honcho and mediator obviously knowing each other rather well.  The mediator admits that he knows little if anything about the case because he “just received it”, so the honcho starts laying out the victim’s case, a very complex case with hundreds of pages of evidence, over a just a fifteen minute period?  Honcho even forgets several extremely critical points and it is not his cronies that chime in to correct him, it is the victim’s husband!  And that is it, the judge says “got it” and scurries off to meet with the defense team across the hall.

The negotiations start off just below the figure mentioned above, but the numbers quickly drop as the mediator goes back and forth like a ping pong ball.  As time goes on, even though he knows little about the case, the mediator is making judgments, saying “you don’t have a very strong case” and “only 38% of plaintiffs are successful in Missouri”, and the victim’s attorney is agreeing with him!  What?  What happened to the great case the victim had?  Well, then it was time for lunch.

The honcho was gracious enough to offer to buy lunch for the victim and her husband at a French restaurant downstairs.  While the victim’s husband used the restroom, Honcho and his male crony ordered Maker’s Mark whisky on the rocks, in a glass the size of the Hulk’s fist, filled to the brim.  Must have been at least a triple shot!  Honcho’s wife, the other crony, ordered a glass of wine, so when the husband returned, Honcho said “we’re having one, you might as well order one too”, so he order a glass of wine   The victim does not drink and stuck with just water.  Less than half way into lunch, Honcho has already polished off his whisky, orders another, as did his sidekick, and here come two more tumblers full of alcohol.  There must have been AT LEAST 6 ounces in each glass, for a total of 12 ounces EACH over lunch…in less than an hour!

Things started heading downhill, to put it mildly, after lunch as the mediator became more negative and offensive and honcho getting more impatient with every minute, becoming hostile, raising his voice, and stomping out of the room at one point.

Looking back, it seems like a big production, a well rehearsed one at that, as honcho and his cronies started to insist the victim had a poor case and that she should think seriously about accepting an offer that was a fraction of the starting number.  They said “you’ll be lucky to get this much in court, if you can win at all”.  Wearing her and her husband down over several hours, which seemed to be the goal, honcho became enraged when the husband stated “I thought you said we had a good case, we were hoping that you would advocate for seeing this through to trial, we wanted to hear you say “let’s fight this and beat the bastards!’.”  At that point honcho stood up, cussed at the husband, saying “we’ll do whatever you want”, while his cronies kept pushing the victim harder and harder toward a settlement.

It all made sense now, “good cop, bad cop”, wear the subject down until they cannot take it any more, then go in for the kill!  Honcho and his cronies had everything to gain and nothing to lose by settling now.  They would receive 40% and much more than their hourly rate based on the small amount of work they had obviously put in, and would save themselves a great deal of work during the most intensive period, just before and during trial.  Win-win for the lawyers!

In the end, the victim received a little more than 10% of what she was told would be an equitable result, “making her whole”, an amount that would barely pay for a mid-priced car these days.  And that was supposed to make her whole after having lost a $65,000 a year job and a 20-year career?  I think the lawyers came out on top in this case, them and the mediator who charged thousands for a days’ work.

I would tell you about my personal experience with lawyers, an experience even less positive than this, but I will save that for another article, a book maybe.  All in all, I think Shakespeare was right when he wrote:

The first thing we do, let's kill all the lawyers.” - Henry The Sixth, Part 2 Act 4, scene 2, 71–78
I do not mean that literally, but maybe the world would be a better place if there were not any in the first place.  Which brings me to the question: Selfless or narcissist?  Every lawyer I have ever met, with one exception out of hundreds were selfish, arrogant, narcissists.  Have you had a different experience?   I hope so.  If you have or have not, let me hear your opinion, about your experience with the legal profession.  

Key Words: lawyer, attorney, legal, court, mediation, case, trial, victim, plaintiff, defendant, defense, judge, narcissist, selfless, arrogant, viral, institutional, terrorism, InstitutionalTerrorism, CombatActivist

Copyright 2013 - 3rd Wave Publishing, A Subsidiary of 3rd Wave Media Group, LLC - All Rights Reserved

HALL OF SHAME INDUCTEE: LANDWORKS - SPRINKLER REPAIR - KANSAS CITY, MO

HALL OF SHAME INDUCTEE: LANDWORKS - SPRINKLER REPAIR - KANSAS CITY, MO

I should have known there would be a problem when woman on the phone refused to provide a "free estimate" when I called at the end of July, 2013, stating we only do that for "big jobs" even though they advertise free estimates.  She was a bit snotty as well.

Having had no luck finding a dependable, competent, reasonably priced lawn sprinkler company in 5 years (I have gone through 5 or 6 and my system is still having problems), I decided to give them a try.

The worker arrived on-time and spent EXACTLY 2 hours digging up and repairing a leak in one of the lines as well as replacing a head and valve.  He said he was going to inspect and adjust all of the heads, but here it is less than six weeks later and I have more problems than before he arrived.  

I was charged for 3 hours when the bill arrived, so I called to complain and the woman quickly agreed to subtract the EXTRA hour from my bill, indicating to me that they likely inflate bills routinely.  I was also charged $36+ for the head and valve, parts costing $10 at Home Depot and a HUGE MARKUP ... CAN YOU SAY RIP-OFF?  The most absurd charge was for the PVC pipe, $36.81 for something that probably cost them less than $3.00 ... A 1000% MARKUP!  Then they have the gaul to add a $3.00 GAS SURCHARGE even though I was within their service area.

I WOULD NOT RECOMMEND THIS COMPANY AND IF YOU DO USE THEM, ANNOTATE EXACTLY WHEN THE TECHNICIAN ARRIVES AND DEPARTS SO YOU CAN CHALLENGE THE BILL WHEN IT ARRIVES.  $65 AN HOUR FOR A TECHNICIAN WHO IS LUCKY TO BE PAID $15 AN HOUR (400% MARK-UP) AND 1000% MARKUP ON MATERIALS?  I'M OBVIOUSLY IN THE WRONG BUSINESS!


Key Words: Sprinkler, Landworks, repair, service, head, valve, PVC, rip-off, Kansas City, MO, installation, scam, overcharge, markup, snotty, combat, activist, institutional, terrorism


Copyright 2013 - 3rd Wave Publishing, A Subsidiary of 3rd Wave Media Group, LLC - All Rights Reserved

Friday, August 9, 2013

Stop Enabling Murderers and Rapists ANDERSON COOPER!

You have to murder, rape, or both to receive national media attention and, possibly, justice in this country. How many hundreds, thousands of hours do you and your peers waste every year providing prime nationwide television coverage to scumbags Anderson?

I recently lost my business, home, and most possessions BECAUSE I CHOSE TO DO THE RIGHT THING and report government fraud, waste, and abuse ... WASTE IN THE HUNDRED$ OF MILLION$!

I am just a retired military officer, disabled Veteran, and licensed professional counselor providing therapy to military and Vets (and their families) with PTSD. Do I have to kill someone, many, or myself to get attention and possibly justice in this country? Well, THAT DOG WON'T HUNT Anderson, ain't gonna happen because that is not the way I roll, NOT MY MO brother.

And we, American television viewers, citizens, wonder why middle-aged white men GO POSTAL? Many times it is because they were abused, bullied, discriminated or retaliated against, or otherwise harassed AND NOBODY GAVE A CRAP, NOBODY CARED BECAUSE STRAIGHT WHITE MEN HAVE NO RIGHTS. So the killer(s) feel as though they have no choice, other than taking extremely drastic measures, to receive (what they see as) JUSTICE.

As a middle-aged straight, white male who has experienced severe bullying, harassment, discrimination, and retaliation over the past 5 years and who has been completely ignored by my elected officials, government employees, lawyers, and the media, I can understand, intellectually, how some of those individuals felt. The only difference between me and them is that I have well defined personal values and the clarity of mind to know between right and wrong. Have I had fleeting thoughts of vigilante-type retribution? YOU BET! But I understand the difference between a short irrational thought and a course of action based on selflessness, loyalty, integrity, compassion, excellence, dignity and respect (my values). Those pushed to the brink of insanity cannot always make that distinction.

DO THE RIGHT THING ANDERSON! Stop prostituting yourself to Nielson Ratings and commercial advertisers, and tell the stories of real people, people struggling to serve their community, their country, leaving things better than they were before they arrived. Stop giving the narcissists, the sociopaths like Jodi Arias the attention they so desperately require and focus on telling the story of real Americans, those who deserve justice and cannot receive it unless something drastic happens ... DO SOMETHING DRASTIC ANDERSON ... TELL AMERICA HOW THE DEPARTMENT OF JUSTICE RUINED A MAN'S LIVELIHOOD FOR NO REASON OTHER THAN WANTING TO DO THE RIGHT THING.

Key Words: Anderson Cooper, Anderson, Cooper, enabler, enabling, murder, murderer, rape, rapist, justice, go postal, going, postal, values, harassment, bully, bullying, whistleblower, retaliation

Copyright 2013 - 3rd Wave Publishing, A Subsidiary of 3rd Wave Media Group, LLC - All Rights Reserved

Thursday, August 8, 2013

Home Depot (Lawrence, Kansas) Pulls Bait and Switch on Disabled Vet


We are moving to Lawrence, Kansas after losing my business, our home, and most possessions after the federal government and government contractors retaliated against me, illegally cancelling a $50,000 contract this past January and blacklisting my service-disabled veteran-owned small business because I "BLEW THE WHISTLE" AFTER WITNESSING AND REPORTING FRAUD, WASTE, AND ABUSE ON A GRAND SCALE LAST YEAR.



After being forced to give up our 4,200 square foot lakefront home, we are moving to a 1,000 square foot "fixer-upper" in Lawrence . We desperately need to install new floors in the Lawrence house after years of neglect, so we went to Home Depot (Lawrence, Kansas) to look for flooring.



The salesman, Robert Jenkins, a seemingly nice person of British descent, told us they were having a special on installation ... JUST $399 FOR A WHOLE HOUSE! We could hardly pass up a deal like that, particularly in our present financial situation, so we picked out the flooring we wanted and scheduled a measurement appointment for the next day (8/6/2013 - we were charged $50 that would be refunded upon completion of our order). 



I called the day after the measurement, being told that I would receive a call "as soon as the measurements were taken" (which never came), wanting to schedule installation as soon as possible because Robert had told me that installations were running three weeks out and we wanted to have the work done before we move-in.



Here comes the old "Bait and Switch"! I finally got a call at 8:30PM last night (8/7/2013) from a salesman stating that he had my quote. One of the type (of salesman) that love to hear their own voice and cannot listen to save their life, he started rattling off prices for the job that I estimated, based on what I was told in the store on 8/5/2013, at $2,200 after military discount (10%) and taxes.



He said the flooring was actually $300 cheaper than I expected because I had overestimated the square footage by 100, so things were looking good ... UNTIL HE STARTED LISTING THE THINGS WE WERE NOT INFORMED ABOUT IN THE STORE!

He went on: "you're going to need sub-flooring at 25¢ a square foot" ... Hey, wait a minute, nobody ever mentioned having to put in a sub-flooring at the store; he continued: "the installation of the sub-flooring and the quarter-round baseboards are an additional $400" ... baseboards? "Yes, THEY ARE REQUIRED and will cost an additional" ... I tuned-out at that point due to the shock of what I was hearing. When he said "that brings the grand total to $4,500" and change ... What? What happened to the $399 installation? "Oh, your order does not qualify for that special pricing". And I have to pay for baseboards and their installation that I never asked for? "You bet, we do not install flooring without new baseboards". At that point I was so pissed-off that I told him to take his bait and switch tactics and put them where the "SUN DON'T SHINE" in so many words or less.
I called Mr. Jackson this morning (8/8/2013) and told him what happened. He said their was some kind of mistake and that he would sort it out and get back to me shortly, knowing we were on a tight schedule and needed the floor installed BEFORE we move-in next week. Six hours later, Mr. Jackson called me and said "I was able to have the installation reduced to just seven hundred and some odd dollars, so now we are at only $4,000". After asking him why installation WAS NOT $399 as I had been told and to please itemize the bid, he had some information wrong, had to "fix" our estimate, and would get back to me in a few minutes ... THAT WAS OVER TWENTY-FOUR HOURS AGO!


I have been a loyal Home Depot customer for decades, driving past Lowes on dozens of occasions to spend tens of thousands over the past 25 years. The new house, which is over 100 years old, neglected, and in a desperate need of repair, we will likely spend tens of thousands of dollars more in the near future (if we can afford it) AND YOU KNOW WHAT? I WILL NOT BE PASSING BY LOWES ANYMORE!



Lowes also has a 10% discount for military and retirees, so they will be the recipients of my business and hard earned money from now on ... UNLESS ... Home Depot has the integrity to DO THE RIGHT THING and honor the promises made during our initial visit on 8/5/2013, which I highly doubt based on previous experience with large companies who could care less about customers, focusing on short-term greed and profit more than repeat business.



You KNOW why they think they can get away with treating us like shit? Because they do ... ROUTINELY ... and because most people do not have the backbone, the discipline, THE NUTS, to follow through with a commitment ... EVEN IF IT COSTS THEM MONEY ... THEIR SELF-RESPECT ... THEIR DIGNITY ... THEIR INTEGRITY!



That is exactly why the airlines treat us like crap ... THEY KNOW WE ARE GOING TO BUY THE CHEAPEST, MOST CONVENIENT TICKET NO MATTER WHAT THEY DO ... NO MATTER HOW BADLY THEY TREAT US! They act with impunity because they can, because people let them get away with it ... IT IS CALLED Institutional Terrorism and is the reason I started this blog ...



WELCOME TO THE "HALL OF SHAME" HOME DEPOT, YOU HAVE A DISTINGUISHED LIST OF NEIGHBORS, INCLUDING:



Verizon Wireless
CenturyLink
KMart
Best Buy JE Dunn Construction
Greater Kansas City YMCA
The Diocese of Kansas City, Missouri University of Missouri - Kansas City YMCA Governor Jay Nixon, Missouri
Missouri Department of Higher Education
US Department of Education Congressman Sam Graves (MO 6th District) Senators Claire McCaskill and Roy Blunt US Department of Interior MHN Government Services
Magellan Health Services Etc ... Etc ... Etc ...
Join me ON THE FRONT LINES IN THE BATTLE AGAINST INSTITUTIONAL TERRORISM ... THE FIGHT FOR OUR DIGNITY AND THE RIGHT TO STAND UP AND SAY "WE ARE MAD AS HELL AND ARE NOT GOING TO TAKE IT ANYMORE!"  DO YOU HAVE THE BALLS TO JOIN ME? WITHOUT THE MUTUAL, ORGANIZED SUPPORT WE CAN PROVIDE EACH OTHER, LARGE INSTITUTIONS WILL CONTINUE TO CRAP ON CUSTOMERS ... CITIZENS ... ANYBODY THAT GETS IN THE WAY OF POWER ... MONEY ... AND GREED.

UPDATE ...

To their credit, Home Depot contacted me shortly after writing this piece, offering to sell me the flooring at the price quoted by the salesman, nearly $2,000 less than they tried to get me to pay. I was quite impressed by their willingness to do the right thing. Unfortunately, they failed to tell me that the flooring was a "special order" and could not be installed until 2-3 weeks after we moved into the house. Being disabled and unable to move the heavy furniture and concerned about placing our furniture outdoors for two days, I had to refuse their offer and asked for a refund which they quickly processed. It was unfortunate that we could not get the new floor we wanted, but Home Depot went above and beyond in their willingness to make me, the customer, happy.

Home Depot has been removed from the HALL OF SHAME and I continue to shop there (unlike Best Buy, Verizon and others who were not willing to satisfy the customer).


CombatActivist ... OUT!

Copyright 2013 - 3rd Wave Publishing, A Subsidiary of 3rd Wave Media Group, LLC - All Rights Reserved

Wednesday, June 12, 2013

Lawyers: Selfless or Narcissist ... What Do You Think?


Here's a great example of the difference between selfless people, those who go into the caring professions (veterinarians, nurses, social workers, etc.), and narcissists (the antonym of "selfless"), those who go into other professions, usually more prestigious and lucrative.  Can you say attorneys?  Sure you can!

I have seen literally hundreds of clients (I am a licensed psychotherapist) free of charge, "pro bono", hundreds, over the last 22 years, yet I have not and will not brag about it and would never think of mentioning it publicly except to highlight a poignant example, as I am here.

This particular lawyer, who I am sure is not an evil person and in-fact helped my wife get her attorney in her recent successful lawsuit, bragged about HIMSELF on Facebook yesterday (see referenced post below) about how he "waived" an amputees expenses "AND" ONLY CHARGED HIM HALF OF HIS NORMAL FEE ... ONLY HALF OF WHAT, $250 AN HOUR?  This poor man with only one leg had to pay just $125 an hour!

Here is his post:
"I am so humbled by the faith people put in me. I am also overwhelmed by the perspective my clients have despite facing the worst tragedies. I just settled a case today for a man who suffered a leg amputation when a car pulled in front of his motorcycle. Over the time I have been his lawyer, I never heard him complain ONCE about how he felt or how his entire life has been re-written. He was surely in pain, scared, frustrated -- but his attitude was always shockingly positive and upbeat. This client trusted me sight-unseen on the recommendation of a mutual friend. He lives half a country away, and could have picked any of the lawyers knocking on his door. But he chose me. His attitude and spirit prompted me--after our very first conversation--to waive his case expenses AND more than half of my usual attorney fee. So I am thankful to know this client, and I extend boundless appreciation to him  and our mutual friend who put us on the other's path."

When I think of pro bono, I think of the legal profession.  We always hear about attorneys who take pro bono cases for the poor or disabled right?  The problem with that is those cases are usually high-profile cases, the ones that make it on television, shows like 48 Hours, 60 Minutes, or one of other well known programs.  The others are usually during highly publicized trails like Casey Anthony, Jodi Arias, or Robert Zimmerman to name a few recent examples.  Why is it that only these people get “pro bono” defense?  PUBLICITY, that is the reason, tens, if not hundreds, of thousands of dollars in FREE PUBLICITY … how altruistic those lawyers are!

This guy sees himself as a hero because he reduced his fee by half and ate the expenses, which normally do not add up to much or are highly inflated in the first place.  Here is a poor guy who lost his leg and probably cannot work, and the lawyer probably ended up with between $60,000 and $140,000 of the man’s money!  They probably settled out of court too, saving the attorney a hundred or more hours work while raking in the same (or more) than he would have if it had gone to trial.

Let me tell you a brief, "hypothetical", story.  A law firm takes on a case for national origin discrimination.  The big cheese, the guy the firm is named after makes only rare appearances, during the first meeting and when they go to mediation.  The rest of the time his “staff” works on the case only when they have time, rarely returning phone calls or emails from the victim because they are focused on bigger issues, other cases.  The entire firm spends minimal time, all the while telling the victim “you have a great case, we’re going to get you close to $500,000!”, which is a pittance compared to what she should receive for having her reputation ruined and losing her career.

As the trial date approaches, the lawyers realize that they have not done enough work, also called due diligence, and dropped the ball, so they ask for a five month extension from the court and it is granted.  Five additional months of stress for the victim and her family, needless stress because the law firm had higher priorities elsewhere.  Only then do the depositions begin, depositions that should have been happening months ago.  They have not even contacted the victim’s top witness yet and do not do so until she insists.  This is just a week before the mediation, which comes out of nowhere to the victim only a month before trail!

In the interim, the big honcho (he even wears a cowboy hat) is taking care of other cases and not even thinking about the victim’s case.  Now, finally, in the few months directly before the mediation and trial, his cronies (low-wage lawyers – compared to the honcho anyway) are finally spending some time on the case.  They probably spent no more than  50 to 60 hours total, and that is probably a stretch, on the case before the surprise mediation (an event the victim was told nothing about until last minute).

As they go into mediation, the honcho is finally there with his crisp brown Stetson, along with his two cronies.  The mediator comes in, a retired judge, and it is like “old times”, the honcho and mediator obviously knowing each other rather well.  The mediator admits that he knows little if anything about the case because he “just received it”, so the honcho starts laying out the victim’s case, a very complex case with hundreds of pages of evidence, over a just a fifteen minute period?  Honcho even forgets several extremely critical points and it is not his cronies that chime in to correct him, it is the victim’s husband!  And that is it, the judge says “got it” and scurries off to meet with the defense team across the hall.

The negotiations start off just below the figure mentioned above, but the numbers quickly drop as the mediator goes back and forth like a ping pong ball.  As time goes on, even though he knows little about the case, the mediator is making judgments, saying “you don’t have a very strong case” and “only 38% of plaintiffs are successful in Missouri”, and the victim’s attorney is agreeing with him!  What?  What happened to the great case the victim had?  Well, then it was time for lunch.

The honcho was gracious enough to offer to buy lunch for the victim and her husband at a French restaurant downstairs.  While the victim’s husband used the restroom, Honcho and his male crony ordered Maker’s Mark whisky on the rocks, in a glass the size of the Hulk’s fist, filled to the brim.  Must have been at least a triple shot!  Honcho’s wife, the other crony, ordered a glass of wine, so when the husband returned, Honcho said “we’re having one, you might as well order one too”, so he order a glass of wine   The victim does not drink and stuck with just water.  Less than half way into lunch, Honcho has already polished off his whisky, orders another, as did his sidekick, and here come two more tumblers full of alcohol.  There must have been AT LEAST 6 ounces in each glass, for a total of 12 ounces EACH over lunch…in less than an hour!

Things started heading downhill, to put it mildly, after lunch as the mediator became more negative and offensive and honcho getting more impatient with every minute, becoming hostile, raising his voice, and stomping out of the room at one point.

Looking back, it seems like a big production, a well rehearsed one at that, as honcho and his cronies started to insist the victim had a poor case and that she should think seriously about accepting an offer that was a fraction of the starting number.  They said “you’ll be lucky to get this much in court, if you can win at all”.  Wearing her and her husband down over several hours, which seemed to be the goal, honcho became enraged when the husband stated “I thought you said we had a good case, we were hoping that you would advocate for seeing this through to trial, we wanted to hear you say “let’s fight this and beat the bastards!’.”  At that point honcho stood up, cussed at the husband, saying “we’ll do whatever you want”, while his cronies kept pushing the victim harder and harder toward a settlement.

It all made sense now, “good cop, bad cop”, wear the subject down until they cannot take it any more, then go in for the kill!  Honcho and his cronies had everything to gain and nothing to lose by settling now.  They would receive 40% and much more than their hourly rate based on the small amount of work they had obviously put in, and would save themselves a great deal of work during the most intensive period, just before and during trial.  Win-win for the lawyers!

In the end, the victim received a little more than 10% of what she was told would be an equitable result, “making her whole”, an amount that would barely pay for a mid-priced car these days.  And that was supposed to make her whole after having lost a $65,000 a year job and a 20-year career?  I think the lawyers came out on top in this case, them and the mediator who charged thousands for a days’ work.

I would tell you about my personal experience with lawyers, an experience even less positive than this, but I will save that for another article, a book maybe.  All in all, I think Shakespeare was right when he wrote:

The first thing we do, let's kill all the lawyers.” - Henry The Sixth, Part 2 Act 4, scene 2, 71–78
I do not mean that literally, but maybe the world would be a better place if there were not any in the first place.  Which brings me to the question: Selfless or narcissist?  Every lawyer I have ever met, with one exception out of hundreds were selfish, arrogant, narcissists.  Have you had a different experience?   I hope so.  If you have or have not, let me hear your opinion, about your experience with the legal profession.  

Key Words: lawyer, attorney, legal, court, mediation, case, trial, victim, plaintiff, defendant, defense, judge, narcissist, selfless, arrogant, viral, institutional, terrorism, InstitutionalTerrorism, CombatActivist

Copyright 2013 - 3rd Wave Publishing, A Subsidiary of 3rd Wave Media Group, LLC - All Rights Reserved