Showing posts with label harassment. Show all posts
Showing posts with label harassment. Show all posts

Saturday, March 14, 2015

Why is Darren Chaker stalking Maura Larkins--even though his conditions of release from federal prison forbid it?


Related story: Completely false allegations made in an effort to banish woman from California school (Article about a situation similar to the story below; the accusers were the ones who ended up in jail when two parents at an Irvine, California elementary school tried to destroy the reputation of a parent volunteer)  

See also The Letter that got Maura Larkins fired regarding Castle Park Elementary School in Chula Vista.

A sampling of Darren Chaker cases: 
Wendy Mateo
Chaker v. Crogan
Zaya v. Chaker

Why is Darren Chaker stalking Maura Larkins?

by Maura Larkins

San Diego--Darren Chaker, who is currently on supervised release from federal prison for bankruptcy fraud, is stalking me (teacher/blogger Maura Larkins).  As his rap sheet makes clear, Chaker doesn't let honesty interfere with his efforts to achieve his goals.

Why is this man so interested in me?

Darren Chaker has been sending letters about me to people on my street. Some of us are a little bit nervous, since Mr. Chaker has a troubling law enforcement record.

It seems clear that Darren Chaker got interested in me because I reminded him
of Wendy Mateo, the grandmother of his child.  A few years ago Chaker sued Mateo for calling
him a "deadbeat dad".   His suit was thrown out as a "SLAPP" by San Diego
Superior Court.

In July 2011, Chaker was appealing his loss to the Court of Appeal.

At the same time, I was appealing a ruling by Judge Judith Hayes, who ordered
me never to speak or write the names of Stutz, Artiano Shinoff & Holtz law firm or
any of its attorneys.

My case was clearly very similar to the Mateo case.

Mr. Cahker sat down next to me at the Court of Appeal in July 2011 on the day
that attorney Shaun Martin presented winning arguments in my case.

I spoke to Chaker for a while, then I moved to the front row of the gallery.

My friend remained seated near Chaker.  She reported to me that Mr. Chaker
became very disturbed as he listened to the oral arguments and the comments
of the judges.  I suspect that Mr. Chaker was upset because it seemed likely
that the judges were going to come down on the side of free speech.

If that is what he believed, he was right.

On August 5, 2011 the California Court of Appeal in San Diego ruled that Judge
Hayes' injunction permanently forbidding me from mentioning the name of Stutz
law firm, either orally or in writing, was "exceedingly unconstitutional."

As I walked out of the Court of Appeal after oral arguments, I was approached by
Darren Chaker.

From the FBI website:
Man Sentenced to Federal Prison for Bankruptcy Fraud
U.S. Attorney’s Office
Dec. 17, 2013
HOUSTON—Darren David Chaker, 41, of Beverly Hills, California, and Las Vegas, Nevada, has been ordered to federal prison following his conviction of bankruptcy fraud, announced United States Attorney Kenneth Magidson. Chaker was found guilty April 4, 2013, following a five-day bench trial before U.S. District Judge Nancy Atlas.

Today, Judge Atlas sentenced Chaker to a term of 15 months in prison, to be immediately followed by a three-year-term of supervised release. He was further ordered to pay a $2,000 fine. As part of the sentencing, Judge Atlas included special conditions that he not stalk or harass anyone and obtain mental health counseling and anger management..
 
Mr. Chaker advised me to take down my website in exchange for the law firm's
agreement to not to make me pay attorney's fees.

I told Mr. Chaker that I would rather go to jail. He said, "I'm just advising you to do
this because they are so nasty."

Then Mr. Chaker went over to two members of the Plaintiff's law firm, and walked
out of the courtroom chatting with them! I do not believe that they had asked him
to approach me.  I believe he hatched the plan all by himself.

I reported the Court of Appeal incident with Mr. Chaker on my blog, thus apparently earning the ire of a man who is widely known for dishonest, malicious and aggressive behavior.

Mr. Chaker seems to have became even more enraged when he lost the appeal in the Mateo case.

He makes bizarre accusations about all sorts of people.  He refuses to acknowledge that Chula Vista
Elementary School District desperately tried to get me to go back to work after I
had been viciously harassed by Robin Donlan and other teachers at Castle Park Elementary.

I refused to go back to work without an investigation into the harassment I
suffered.  The district refused to produce a report on the "investigation" it claimed
to have initiated.

I was fired for "insubordination" because I refused to go back to work.  Here are
the charges against me.


Darren Chaker fails to mention that Robin Donlan and other teachers who
harassed me were transferred out of Castle Park Elementary when the district
realized that it had made a mistake by paying huge amounts of taxpayer money to
defend teachers who had behaved unlawfully.

Castle Park Elementary was out of control, with a $20,000 PTA embezzlement by Kim Simmons,
a parent who was a close associate of Robin Donlan.  The school was almost ungovernable as 11 principals in 11 years struggled to create a professional working climate.


Complaint board on Darren Chaker 
Scott McMillan 
Child molesters

Monday, January 05, 2015

New law: School districts might be banned from allowing intimidating or humiliating behavior by teachers toward other teachers--and the gratuitous sabotage of work performance

Will teacher culture change due to new laws requiring examination of bullying in the workplace?  I doubt it.  Teacher culture is really just human nature adapted to a particular setting, and it is perhaps most intensely practiced by those teachers who have become administrators. Here's an article about new laws in California, including the requirement to train employees about bullying.  It may be a first step toward making bullying illegal in the workplace.

CALIFORNIA: 5 new laws that will affect employers, workers
BY RICHARD K. De ATLEY 
Press Enterprise 

It’s 2015 and with the new year comes new state laws that affect California employers and employees.

Among them is legislation that affects sick leave use and accrual, employer responsibilities regarding independent contractors, and the inclusion of “abusive conduct” training for supervisors. Unpaid interns and foreign workers also have new protections...

'ABUSIVE CONDUCT' TRAINING

Law: AB 2053. Expands existing sexual-harassment training requirements to include prevention of abusive conduct.

What it says: Employers already required to provide sexual harrassment training to supervisors must now also provide training on “abusive conduct.”
That conduct is defined as something that “a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.” Acts can include “repeated infliction of verbal abuse...verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.”

The law also states that no single act can be counted as abusive conduct “unless especially severe and egregious.”

What it means: The National Review article notes that AB 2053 does not say what should be included in the training component for abusive conduct, and suggests employers consult with approved trainers to see how it can be incorporated into sexual harrassment training programs.
Attorneys Messigian and Ratinoff comment that the law “does not create a cause of action for abusive conduct in the workplace, but it does appear to be the first step toward protecting workers against bullying in the workplace that is not linked to any form of illegal discrimination.”...

Thursday, January 02, 2014

Two whistle-blowers--a teacher and a business manager--settle with Willamette ESD


Fired WESD superintendent Maureen Casey.

Two whistle-blowers settle with Willamette Education Serivce district (Oregon)

(See also Willamette ESD problems with open meetings.)

WESD finalizes $150,000 settlement with former teacher over whistleblower lawsuit
Nov. 1, 2013
Queenie Wong
Statesman Journal

A laid off Willamette Education Service District teacher and her lawyer will get $150,000 as part of a settlement to a whistleblower lawsuit filed against the district three years ago.

Former teacher Terri Moore claimed she lost her job because she repeatedly reported safety violations at the high school at Hillcrest Youth Correctional Facility and filed a formal complaint about harassment and bullying by Bill Conlon, the school's principal.

She filed a lawsuit in Marion County Circuit Court in 2010 asking for as much as $500,000, plus attorney fees and reinstatement as a full-time teacher.

Under the settlement, Moore will get $86,355.75 and the law firm representing her — Lafky and Lafky — will receive $63,644.25.

She won't be entitled to return as a full-time employee at WESD, but could still work as a substitute teacher, according to the agreement.

WESD’s liability carrier the Special Districts Association of Oregon decided to settle the lawsuit because of the costs of going to trial last month.

The district’s board chairman Ken Hector said in a statement Friday he understood the carrier’s decision to settle the case.

“Choosing to move forward to defend the case at trial would burden WESD with all attorney fees and costs, impacting our general fund,” Hector said. “The ultimate outcome of resolution for this case is best for WESD and the districts we serve.”

Moore taught health and physical education at WESD's youth correction education programs but was laid off in 2009 after 11 years with the district.

WESD has denied the allegations brought by Moore, noting that they have been thoroughly investigated and found to be without merit. The district’s settlement signed by Moore is not an admission of wrongdoing or liability.

Moore’s lawyer Kevin Lafky said it’s clear Moore was retaliated against. She wanted to get her old job back, but since that did not happen they decided settling was the best thing for her to get some sort of compensation for the retaliation.

“The money she’s getting paid certainty doesn’t make up for losing a full-time job with benefits,” Lafky said. “For years, she’s been working as a substitute teacher to make ends meet since she was terminated from WESD.”

It’s not the first time that the education service district has settled a whistleblower lawsuit filed against a former teacher.

In 2010, the district settled a lawsuit for $45,000 with Maggie Vogenbeck in which the former teacher claimed state and federal discrimination, whistleblower retaliation and wrongful discharge.

WESD provides education services such as special education, home school registration and professional development to 17 school district in Marion, Polk and Yamhill counties, according to its website.


SECOND WHISTLE-BLOWER STORY:

Oregon Whistleblower suit settled for $125,000
Legal News.com
July 25, 2012

SALEM, Ore. (AP) -- An agency that provides centralized services to schools in the middle Willamette Valley has quietly settled a lawsuit brought by a whistleblower.

Complaints from the former business manager of the Willamette Education Service District set off investigations of mismanagement and resulted in the firing of the district's superintendent, Maureen Casey.

The former business manager, Kathy Campbell, will get $125,000 in the settlement -- about a third going to her lawyer, the Salem Statesman Journal reported Monday.

The paper says the district signed the settlement June 1 but that came to light only recently, when the paper asked the district for documents.

Campbell alleged Casey retaliated against her. She filed suit in September 2010, asking for $1.58 million in damages.

The district said it settled with Campbell under pressure from its insurance carrier. If it had continued to litigate, the district would have borne the cost.

"The board has reluctantly agreed to settle this case," board member Larry Trott said in a statement.

Campbell declined to comment.

"Her only statement is that the matter has been resolved, and she's glad to put it behind her," said her lawyer, Larry Linder.

The agency serves 17 school districts in Marion, Polk and Yamhill counties. It's one of 17 such districts in the state that provide centralized services such as information technology or special education.

An internal investigation into Campbell's complaints confirmed management and financial improprieties.

Then a state audit completed in January 2010 found questionable expenditures, improper contracting, commingled funds and an effort to hide the district's true financial condition. The Statesman Journal's investigation documented further problems and showed that concerns about the problems were ignored for years.

Since then, the district has faced multiple lawsuits, shut down money-losing entrepreneurial ventures and laid off a third of its workers. With an annual budget of $95 million, the district ended the last school year $2.1 million in the red. Among the lawsuits is Casey's, alleging wrongful termination.

Oregon public meetings law allows public bodies to discuss lawsuits in sessions closed to the public, but final decisions must be made in a public vote. The board's minutes don't record a vote on the settlement.

District spokesman Brian Florip said a vote was not required because the district's contract with its carrier allows the insurance company and the district's lawyer to resolve the case without the board's approval.

A SOLUTION TO THE PROBLEM?

Willamette ESD mess stinks on so many levels
State officials must step in to take control of the situation
Statesman Journal
November 23, 2005

The Willamette Education Service District is a mess - a rotten, stinking mess. State and federal investigators should be crawling all over it, rooting out evidence and filing legal and ethics charges.

Stories in Thursday's and Friday's Statesman Journal revealed a WESD management that allowed widespread violations in the migrant-education program - and then rewarded them.

The WESD's own investigation found a roster of abuses by former migrant-education director Nicolasa Mohs and her program: Hiring of family members. Severe problems in the food services. Applying for outside jobs on ESD time. Outlandish requests for reimbursements, including for alcohol. Retaliation against employees and violations of worker laws and district policies. Lack of accountability for grant money. And on and on.

About the only people who seemed to have a handle on the situation were the leaders of area school districts who refused to do business with Mohs.

If these allegations were true, they should have gotten Mohs fired and strung up before the state ethics and teacher-licensing commissions. Firing was the recommendation of Assistant Superintendent Dave Novotney, who conducted the investigation.

Instead, WESD Superintendent Maureen Casey settled with Mohs, after Mohs filed a civil-rights complaint. The Statesman Journal's review of the documents found that Mohs was rehired as an independent contractor at her old salary, plus additional payments, in return for dropping the complaint.

That's unconscionable, but it gets even worse. The documents show that Mohs was promised a positive letter of reference, that the problems would not be disclosed to potential employers and that the results of the internal investigation would not be reported to state regulatory commissions.

If that's the case, neither Mohs nor Casey deserves to work in education one more day. The WESD board should get rid of them, along with any other staff members who allowed these problems to fester.

The board also owes the public a prompt accounting of what happened and why.

School boards are charged with protecting the public's interests. Where was the WESD board during all this? Either asleep, being manipulated by the district administration or both. Board member Jolene Garland resigned last week, saying in part it was because the board lacked any real say in district operations.

Board members said that they first learned of the civil-rights complaint during a closed-door meeting, which was of dubious legality. Casey, they said, did not tell them about the investigation report, the settlement agreement or the consultant contract until after the Statesman Journal started asking questions.

These tawdry dealings should send shockwaves through the state educational establishment. They are one more indicator that the 2007 Legislature should have the guts to either eliminate education service districts or put them under tighter control.

This case also calls into question the role of school boards and the accuracy of job recommendations. How many other school boards in Oregon are so trusting and unquestioning of their administrators that they lack an accurate picture of what's going on? How many problem educators are passed along from one district to another with glowing recommendations instead of being barred from the profession?

Under a 2005 change in state law, WESD board members now will be chosen by school districts instead of voters. That can't come soon enough.

Until then, state officials should exercise whatever emergency powers are available to take control of the Willamette ESD and clean up this mess.

WILLAMETTE ESD

Sunday, December 16, 2012

Employers Hire Potential Drinking Buddies Ahead Of Top Candidates

Teachers on interview panels ask: Do we want you teaching at our school? Or, more importantly, do we want to go out for drinks with you?

I saw teachers in my district, Chula Vista Elementary, being chosen in exactly the manner described in the article below. One job applicant made his addiction problems an asset by highlighting his drug problem and then charming the teachers on the hiring panel who were looking for someone to support their agenda. Weak personalities delight in the power they get from weaker personalities.

In the same manner, excellent, experienced teachers are pushed out of the district. Compromised individuals have little trouble as long as they excel in school politics.

See also Were CVESD and Chula Vista Educators negligent in Kinloch child molestation case?


Employers Hire Potential Drinking Buddies Ahead Of Top Candidates
Susan Adams
Forbes
12/03/2012

I’m pretty sure I once got a job because the person who interviewed me decided that she liked me. Looking back, I couldn’t have been the most qualified person to apply for the position at the nightly television news program where I got hired. I had never worked in TV and though I had seven years of journalism experience under my belt, it was at a specialized trade magazine, The American Lawyer. But the producer who hired me knew that we would be working very closely together on a four-person team that put together nightly discussion segments with hard on-air deadlines. She knew she wanted to have good chemistry with the person she hired.

Now an academic study by an assistant professor of management and organizations at Northwestern University’s Kellogg School of Management confirms what I experienced when I got hired at the TV news show: Hiring managers don’t always pick the most qualified applicants. They hire people they like and want to spend time with. They hire people who they think could be their friends.

The study, by Professor Lauren Rivera, looked at hiring in elite investment banks, law firms and management consulting firms. Rivera conducted 120 interviews with hiring managers over the space of two years. What she found: “interviewers often privileged their personal feelings of comfort, validation and excitement over identifying candidates with superior cognitive or technical skills.” In other words, they hired people they could relate to, whom they liked. Writes Rivera, “in many respects they hired in a manner more closely resembling the choice of friends or romantic partners.” Though Rivera focused on a narrow range of professions, I would venture a guess that her findings apply in a broad range of fields.

Why It's Better To Hire The Least Qualified Person For The Job
New Study: Leaders Are Less Stressed Than Their Subordinates
Everybody's Getting Drunk at the Holiday Party - And Not Because It's Fun

The stories in Rivera’s report are revealing. One of her findings: The majority of employers in her study described their firms as having distinct personalities that come from the hobbies and presentation styles of their employees. For instance, some firms are “sporty” and “fratty,” while others are “egghead” or “intellectual.” Rivera quotes a hiring partner at a consulting firm who says, “We want people who fit not only the way we do things but who we are.” These findings underline the perils and advantages of listing interests in the “other” section of a résumé.

One striking example from Rivera’s paper: A legal hiring manager at a “scrappy” firm rejected an otherwise qualified applicant because “I’m looking at the interests [on his résumé]—lacrosse, squash, crew [laughs]. I’m sort of giving him a personality type here, and I don’t think he’s going to fit in well here. . . we’re more rough and tumble. . . . I’m going to let him go.” She tells another story of a hiring manager who rejected a candidate who had expressed an interest in 18th-century literature and avant-garde film because he seemed too “intellectual.”

To put it more broadly, one investment banking hiring manager said, “One of my main criteria is what I call the ‘stranded in the airport test.’ Would I want to be stuck in an airport in Minneapolis in a snowstorm with them?”

Among law firms, investment banks and consulting firms, demand for cultural fit was most prized in law firms, where more than 70% of evaluators said “fit” was an important part of the hiring decision. At investment banks, it was important in a bit more than 60% of cases and at consulting firms, in 40% of cases. Because evaluators at consulting firms often use case-based business questions, they link the hiring process more closely to skills. Rivera quotes one consulting firm hiring manager: “Even if someone’s a perfect fit, if they absolutely bombed the case, they’re out.”

Rivera’s paper underlines how important it can be to include non-work interests on your résumé. She quotes a banker who says, “She plays squash. Anyone who plays squash I love,” and ranked the squash-playing applicant first among potential hires. A banker who was interviewing candidates says, “She and I both ran the New York marathon. . . we talked about that and hit it off. . . we started talking about how we both love stalking celebrities in New York. . . we had this instant connection. . . I loved her.”

Though nothing in Rivera’s paper surprises me, it’s striking to read work by an academic who has systematically measured the extremely subjective aspects of job interviewing. The paper underlines what all job seekers know: There is an aspect of the hiring process that is profoundly subjective and ultimately unfair. You can’t control who your interviewer will be and whether they will share your personality and interests.

There are a couple of things you can control however. As you’re researching a firm where you might want to work, do ask questions about the culture and think about whether your personality would fit in. Along with speaking to competitors and to people who work there and who used to work there, spend some time on a website called Glassdoor.com, that lists worker reviews of employers. Also do include a section under the heading “Other” or “Interests” on your résumé, and include hobbies, sports and foreign travel. Your passion for squash or for running marathons might wind up getting you the job.


MORE EMPLOYEE POLITICS

Here's an example of workplace politics that apparently was the last straw for a hospital nurse. Obviously, the nurse must have had other problems, but her death was a more serious loss to the hospital than was the approval of the royal family.

The royal family is far more high-maintenance than the United States president's family, and the royals don't even do any work beyond their appearances at events. But it seems that co-workers of Jacintha Saldanha felt that the need to cater to royals warranted the harassment of a colleague.

Can you imagine an American nurse committing suicide because she accidentally told a radio show that the first lady was throwing up? Not likely. Those mean English co-workers need to put things in perspective: a nurse deserves as much consideration as the royals do.



Nurse Jacintha Saldanha criticized hospital staff in suicide note after DJs' prank call: report
Saldanha wasn't happy with how her coworkers treated her after she was tricked into helping two Australian DJs secure private information about Kate Middleton's pregnancy, British media reported.
By Rheana Murray
NEW YORK DAILY NEWS
December 14, 2012

Jacintha Saldanha reportedly left behind three suicide notes.

The London hospital nurse who killed herself after being pranked by a pair of Aussie shock jocks reportedly condemned her coworkers in a suicide note.

Jacintha Saldhana criticized the hospital staff for her treatment after the hoax in one of three notes she left behind, British media reported.

Saldhana, a 46-year-old mother of two, was found dead by hanging days after she was duped into helping two radio DJs secure private information about newly pregnant Kate Middleton, who was staying at the hospital for a bout of severe morning sickness.

She killed herself inside the nurses’ quarters of the King Edward VII Hospital...

“Needless to say, Ben wants a full inquiry into what happened and he wants to make sure the truth comes out,” a source told the Daily Mirror.

In another suicide note, Saldhana reportedly explained how she dealt with the aftermath of the DJs’ hoax, which sparked trouble for the hospital as the royal family became infuriated by the breach of privacy.