Donald Trump indicted?
Yes and this is likely to be the first of many indictments to come. Should Donald Trump be indicted for anything? Clearly, the MAGA Republicans say, “No.” Let’s explore.
Note, I’ve typically avoided political and controversial topics like this one on Randocity. Not because they’re not worth writing about, but because these topics are mostly useless. However, this topic is so urgent that it must be said.
MAGA Republicans
Let’s lead with the elephant in the room. Clearly, these MAGA Republicans are bad for the United States. They’re bad for United States Citizens. They’re bad for the world. Yet, here we are once again. With these MAGA cultists jumping to Donald Trump’s defense, not even knowing if the indictment has merit.
Donald Trump is a sleazy, off-kilter, man-child wannabe politician. There’s no doubting this. The man certainly appears to be successful by all measures, but that’s only because he uses his alleged victimhood to raise money every single time someone acts against him.
Worse, the MAGA Republican base always seems to rally around this man as if he’s some kind of cult leader messiah. Yes, MAGA is literally a cult; the cult of Donald Trump.
Liberal Democrat?
I can hear all of the MAGA Republicans groaning over this article at this point claiming this author is liberal Democrat. You don’t know me. You don’t know my views. As an author, it is a journalist’s prerogative and, indeed, obligation to call out that a duck is a duck. You and Donald Trump can’t waddle your way out of this. Be upset. Fine. But, that doesn’t change the facts above. Donald Trump’s cult IS a cult. There is no way around that.
You don’t see liberal democrats rallying around Joe Biden carrying flags with Biden’s face on it as if he were some kind of messianic figure. Just the opposite, in fact. A lot of liberal democrats don’t like what Joe Biden is doing as President of the United States either and are more than willing to call out each and every fact or action they don’t like. Yet, these liberal democrats also don’t stand on street corners waving flags with Biden’s face when he’s being persecuted. On the other hand, the MAGA Republicans rarely ever speak ill of their messiah, Donald Trump, even when Donald Trump called for people to inject bleach into themselves to rid themselves of COVID-19. A truly medically dangerous suggestion. Yet, they’re so willing to drag out the messianic flags and stand on street corners calling Donald Trump the best President ever. That’s a delusional cultist.
Intelligence vs Not
One of the things that much of Donald Trump’s base has proven time and time again is that they’re far less educated than the average liberal democrat. This lack of education may be what’s feeding the gullible nature of MAGA people, leading them to becoming cultists for Trump. When you can’t exactly think for yourself, letting other people think for you seems like bliss. Sure, as a MAGA Republican, you may think you’re good at trying to make arguments, but most of those arguments end up stupid and don’t work out for you. This is the reason Fox News is so bad at it. They hire moronic TV hosts (and lame piece writers) and then expect intelligence out of each and every one of them. You (don’t) get what you (don’t) pay for. You can’t pay dumb people to instantly become intelligent.
It’s quite clear that Laura Ingraham, Sean Hannity and Tucker Carlson check their education at the Fox News’ door every day on the way in, even though all three claim to be college educated. If I worked at the colleges where these three allegedly attended, I’d summarily revoke their degrees. Of course, these three aren’t required to have an education to work at Fox News. A comb, a suit and a dusting of makeup in the makeup artist’s chair and they’re good to go. The teleprompter and remedial reading skills do all of the rest. You don’t need a college education to read from a teleprompter.
It’s sad that Fox News has had to stoop to such (uneducated) lows to try to gain (and retain) its ratings… ratings, I might add, that come from the bottom 10-30% of the uneducated percentile of the United States.
Once again, I can hear the MAGA Republicans groaning. Stop groaning and go get an education. That or stop reading and go listen to your (sym)pathetic “friends” over at Fox News or News Max so you get today’s fix of unreality.
Donald Trump Indicted in New York
Donald Trump formerly lived in New York and has operated businesses in and out of New York while living there and since departing the state. It’s actually relatively recently that Donald Trump moved out of New York state, first to be President when he lived in the White House and then later to Florida to live full time at Mar-a-Lago. Simply because Donald Trump WAS President at one time and just because he now lives in Florida does not mean Donald Trump didn’t perform illegal activities while residing and operating businesses in New York prior to his Presidency.
Clearly, since the Manhattan District Attorney, Alvin Bragg, has brought an indictment, Bragg (and a grand jury) believes that there is sufficient evidence of wrongdoing on the part of Donald Trump.
Donald Trump claims it’s all a political witchhunt and all politically motivated, but Trump knows what he has done both prior to and after leaving New York. Because nearly every single person who is indicted of a criminal offense initially pleads “Not Guilty”, that doesn’t mean that they truly are innocent. Only a trial will uncover if this is true.
Considering that there are 30+ charges pending under Donald Trump’s New York indictment, that sheer volume doesn’t say “petty misdemeanor.” If there had been one or two charges, a petty misdemeanor might sound more reasonable, but 30 or more? No. 30+ charges definitely says something larger is at work… something that can only be decided via a judge, courtroom and jury.
Yes, it’s entirely possible that Donald Trump could be acquitted of all charges, but we won’t know that until or unless the charges and the evidence have been presented and a trial jury has decided.
Trial by Jury
One thing that Donald Trump and his cult following (including cult members Kevin McCarthy and Lindsay Graham) have continually put forth is his innocence. More than this, they have put forth that the DA has “weaponized” the judicial system against politicians, or more specifically, against Donald Trump as a politician. Again, I say, “No.” Instead, I’ll strongly counter that Trump has weaponized his cult following against the United States’ sovereignty.
A District Attorney’s job is to find wrongdoing and prosecute it. Clearly, Trump has at least left a trail of wrongdoing that has now been uncovered… in part with the help of Donald Trump’s former attorney and now convicted felon, Michael Cohen. Regardless of Cohen’s conviction and release, and regardless of Cohen’s disbarment as lawyer, that doesn’t discredit or discount his statements as to what Cohen did for and while in the employ of Donald Trump… especially when those statements can be fully corroborated using physical evidence.
Trump conferred many, many of his own personal and legal matters onto Cohen as his attorney. Trump then threw Cohen under the bus to serve prison time over those very same matters. What did Donald Trump think would happen after? Did Trump think that Cohen would step out of prison and jump right back into Trump’s good graces? No. Cohen is doing what anyone who gets thrown under the bus does. Whistleblow. Cohen just so happened to whistleblow right into the Manhattan DA’s ear… and clearly Bragg has listened intently. Cohen has likely managed and presided over many, many shady dealings with Donald Trump’s affairs, not just the Stormy Daniels “affair.”
You don’t see 30+ charges (and request to see Michael Cohen 20+ times for testimony) over of a single night’s affair requiring one single hush money payment to porn star Stormy Daniels. There’s a whole lot more that’s been uncovered about Donald Trump’s New York affairs than a single hush money payment. Clearly, Michael Cohen has been spilling the beans about everything with Trump’s dealings while Cohen was Trump’s attorney.
This extensive situation must be resolved by using a trial with a jury. There is no other way to resolve this. However, time always seems to be on Trump’s side. Meaning, Trump can delay, delay, delay until a later day. Trump also hopes that that later day is much more inconvenient for Bragg, or better, a day when a Republican appointee has taken office and these charges can be dropped against Trump. At least, that’s what Donald Trump is hoping. This situation sucks for the United States, but it is our legal system (not) at work.
Were this any person other than Donald Trump, these legal shenanigans would not work against a DA. However, Trump seems to be able to slip out of these situations with all due ease (wielding time, loopholes and his MAGA cultists as weapons).
Further Indictments and Trump’s Future
Let’s hope that Donald Trump’s potential federal trials are not so easily skirted. I’m not fully writing off Bragg’s trial yet, but I’m also not holding out much hope that this trial will land in a court before 2024, the Presidential election year. If this trial lands at any point during 2024, Bragg will likely be forced to postpone the trial until the election is over, pending the election outcome. This means even longer waiting and possibly no trial at all.
Unless Alvin Bragg can bring this to trial before the end of 2023, his hopes of actually seeing the charges in the indictment stick to Trump are fading rapidly. Along side Trump’s false, but very noisy “witchhunt” rhetoric, which is also being parroted by his MAGA cult followers, we could also end up waiting 2 years or longer for a trial to convene. This lengthy wait may even cause the charges to completely evaporate. I’m all for holding people legally accountable, but in Trump’s case, it must be performed as rapidly as possible; from indictment to trial in no more than 3 months. If that’s not feasible, then bringing an indictment might be fruitless because of Trump’s inevitable delaying tactics.
It’s nearly guaranteed that if Trump can delay this New York trial for long enough, the charges are likely to disappear. This is why any attorney seeking to bring charges against Trump must plan to execute not only the indictment and the charges carefully, but they must also weigh the delay games Trump is likely to play. If Trump can successfully delay 6 months, 12 months, 24 months or even longer, it might exceed the statute of limitations and it could allow Trump to retake Presidential office (or see another Republican become elected) to get out of the charges entirely. The longer a trial takes to convene, the less likely Trump is to even see a trial at all. Bragg needs to weigh all of this carefully.
Could Bragg continue to levy these charges if Trump is re-elected as President? Probably not. If Trump is re-elected President, these New York charges along with any federal charges are also likely to evaporate under Trump’s change in cabinet. However, Bragg’s charges could remain, but New York State could be pressured out of existence should Trump’s feds place extraordinary (retaliatory) federal pressure on the state of New York. Thus, forcing the charges to be dropped. Worse, how would it look for Alvin Bragg to bring state criminal charges against a newly elected President?
This is why it’s nearly impossible to run these indictments at this late date. In fact, any Federal indictments should have already been levied by the DOJ in 2021 or 2022 so that Trump could potentially be on trial by the end of 2023. It’s actually too late to levy any federal DOJ charges via indictment against Trump due to the upcoming 2024 election. If a federal indictment were to be levied at this point in 2023, there is likely no possible way a federal trial could occur before November 2024 (the Presidential election). At this point, the feds are going to be forced to wait until after the 2024 election to have any hope of indicting Trump, assuming he’s not re-elected. The prospect of the DOJ indicting Trump actually fades every day that goes by without an indictment at this point. Once 2024 arrives without a DOJ indictment, there very likely won’t be an indictment until after November of that year.
If ANY other Republican candidate takes Presidential office and replaces Joe Biden, all federal indictments (or investigations) against Trump are likely to be wiped away with a single pardon. State charges don’t get wiped with a pardon, but potential federal charges (and federal crimes) do. The Department of Justice likely fully understands this ticking-clock-dilemma, particularly at this late date. At this point, it is likely far too late for the DOJ’s special counsel, Jack Smith, to hand down a Department of Justice indictment over the charges of Insurrection or the classified documents case. The only way these cases would still be possible is if Jack Smith uses his ties to the ICC to levy charges under the ICC, which is entirely separate from and outside of the Department of Justice. This “dual counsel” aspect of Jack Smith may actually be the subtext for why Merrick Garland “hired” Jack Smith as special counsel to handle Trump’s case. Merrick Garland wouldn’t stand in the way of Jack Smith were he to levy an ICC indictment against Donald Trump and then hold an international trial against Trump’s espionage charges at the Hague.
Further, if the United States changes to a Republican led President and even if that newly elected President (assuming it is not Trump) chooses to pardon Trump, any ICC indictments still remain. The ICC acts outside of the United States jurisdiction. The United States is not a current signatory on the ICC, but that situation acts entirely in Merrick Garland’s favor, even if Garland ends up ousted from office as the DOJ’s head. For all of the jurisdictions that are signatories to the international court, they may have enough pressure over the United States to force the US to hand over Trump for an ICC indictment and international trial regardless of Trump’s present political office held (or not).
In other words, with Jack Smith as counsel, all may not be copacetic for Donald Trump even after the 2024 election ends. By Garland allowing Jack Smith to deep dive into Donald Trump’s DOJ investigation, this may see the ICC weigh in on Trump’s legal situation after the DOJ is unable. Garland knew the stakes of Trump’s situation and it appears that Garland may have used Jack Smith as an ICC insurance policy if the DOJ is unable to bring a proper indictment timely.
Republican Readers
If you are a Republican and you’re still reading up to this point, I applaud you. It means that you want to better understand Donald Trump’s predicament. Donald Trump is most definitely skirting laws that the rest of us would never be able to skirt. What it ultimately says is that Donald Trump is above the laws of the nation… and that situation is not right. No man is above the law. Yet, Donald Trump firmly believes that he is… and so do his sycophant cult members.
Why MAGA Republicans continue to endorse a man who wishes avoid legal consequences by becoming a dictator over the United States solely to make sure no laws ever apply to HIM, but then happily apply laws to everyone else, why would you as a Republican want that, not just for you and your family, but for the rest of the United States?
Democracy keeps the United States whole. The rule of law glues our democracy together. Dictatorship ensures neither remain and that the United States falls. Your very livelihood, family and indeed everything you hold dear is at stake. You may think that this man’s MAGA ideals are worthy, but Trump’s ideals are only worthy of collapsing the United States and turning the United States back into a third world nation.
If Donald Trump or any of his sycophant ilk including Kevin McCarthy, Lindsey Graham, Mitch McConnell, Marjorie Taylor Green, Ron DeSantis, Gregg Abbott, Josh Hawley or any other doofuses manage to become President, democracy is likely to end.
The End of Democracy?
What does it mean if democracy ends? It means you won’t have a job. It means millions won’t have a job. It means the loss of income. It means the loss of whatever money or savings you have. It means the loss of your home. It means no more public schools for your children. It means no more food. It means restaurants close. It means that the United States as you know it is over. It means those with guns survive a bit longer than those without. It means the medical system serves those who are favored by the dictator, but affords those to die who aren’t.
What comes in Democracy’s place is no more elections. No more law enforcement, except against you if you speak out against the current regime. No more free press. No more constitution at all. It effectively means the situation that now exists in China and Russia, except it’ll be under Donald Trump in the United States. Puerto Rico will likely withdraw its involvement with the United States as many other US territories are likely to do (e.g., Guam, US Virgin Islands, American Samoa, etc). Even Hawaii might try to become a territory of another nation since it’s a set of islands in the Pacific and not physically connected to the 48 state continent.
Further, it means the loss of allies and the loss of NATO status. The military will become, well who really knows? There’s no way to know what a dictator might do with a military the size of the United States Military nor the nukes under his control. It also means that those who live on or near a border, such as Mexico, will see the very real possibility of Mexican military takeovers of that border land and property. 50 states? Not anymore, with Russia firmly moving to take back Alaska and Mexico likely taking over border states.
Let’s just say that the life that you have come to know and understand is over. You won’t live under the rule of law, you will live under the rule of a supreme leader… one who will just as quickly kill you as look at you. Death will likely become the means to solve all legal problems. If you break the law, you die… even for a simple matter of theft of food simply to feed yourself or your family… even if that food was grown by you in your backyard. Once democracy is lost, your land is no longer yours and no longer is anything that sits on it.
Once democracy ends and a dictator comes into power, what you knew of the United States is gone. You can’t vote someone out of office if you’re not allowed to vote. What is the first thing that Donald Trump does if he’s re-elected president? He halts all future elections indefinitely, state or federal. An elected person cannot be voted out of office when elections don’t take place. Don’t think that Trump won’t do this. Further, Democrat led states will be either disbanded or new state leaders will be appointed by Trump, pushing out any remaining Democrat control.
This is who and what you’re endorsing and wanting to vote back into office as a MAGA Republican. You’re not voting in freedom. You’re voting out the ownership of everything you own. You’re voting out your very family’s well being. You’re voting out America’s future.
Vendetta
Why didn’t this happen in 2016? It didn’t happen in 2016 because Donald Trump didn’t have a vendetta against the United States. Today, Donald Trump has a very strong vendetta; a vendetta so strong that he’ll do anything once he regains power to ensure that vendetta is fulfilled and that he remains in power indefinitely. That includes shutting down democracy.
Once that happens, the rest of the world will retaliate by cutting off the United States from, well, just about anything and everything (imports and exports alike). No more imported food, clothing, oil, energy, products and various other stuff that keeps America economically rolling. No more exports will be accepted. That will collapse both Main Street and Wall Street alike. America’s dollar will become so devalued and worthless as to become worth less than the value of one Mexican Peso. Mexico’s money will likely become worth more than what will be left of the USD. Trump will have to seek new allies and trading partners. Better buy up some gold and horde it in your house. It’ll be the only thing you can buy stuff with… assuming Trump doesn’t force the military to go on raids and take everything you own away from you.
At this point, the United States will have to be renamed to something else… probably something like Trump Nation… or whatever naming whim Trump dreams up. What this also means is a major exodus of people flooding out of what’s left of the United States and into Canada or Mexico or other locations. Some will leave and head to Europe, but Europe (and the rest of the world) will suffer dearly from the collapse of the United States.
Staple products like cars and other big ticket items will disappear. Manufacturing will cease because there will be no money to buy these products by anyone in the United States. Grocery stores and most forms of commerce will cease. Barter will take hold, assuming Trump doesn’t annex the entirety of the United States land (and everything on it) into one big land mass ownership for himself, leaving no borders, no ownership and no more need for state legislators or state capitols. Meaning, you won’t be left with anything other than perhaps the clothes on your back with which to barter. A post Trump dictatorship economy will make the Great Depression decade between 1929-1939 seem like a pin prick by comparison.
The only people who will serve Trump directly are those who continue to lick his boots. The rest will be thrown to the curb and/or arrested and possibly disappeared (read killed). As for jails and current inmates, who really knows? Trump will deal with these institutions at his own fancy. Perhaps moving some military to manage and keep certain penitentiaries open and closing down others by releasing inmates back into what’s left of society or possibly executing them all. There’s no way to know exactly what Trump as a full out dictator might do here. Trump will have a huge bodyguard detail, but the rest of “America” will be left to fend for itself. Those in Trump’s employ who backstab Trump will summarily disappear.
There will also be no more press or TV channels or radio, except for radio and TV channels devoted solely to the Trump propaganda, which will run 24/7 on big screens around big cities. Trump’s still gotta stroke his fragile ego. No more free press or freedom of speech. Try to protest? The military will see to that.
Make America Great Again? Yeah, this is not so great is it? If you think this is all just alarmist rhetoric, then you really don’t know what Trump is capable of doing. Of course, if you want to live under the thumb of a dictator in squalor and poverty worse than what we have today, then by all means vote for Donald Trump again.
Donald Trump isn’t a Republican. Donald Trump isn’t even a Christian. Donald Trump is a nihilist; probably the exact type of nihilist that the author Fyodor Mikhailovich Dostoevsky warned us about.
A nihilist, by believing that laws and morals are useless, is also a person who would place the ultimate importance of life on material things. To this person, family, religion, and laws would have no purpose. This would make them a materialist, someone who believes the only things which have any value are those which are physical.
Does this quote sound just a little too familiar?
Trump actually doesn’t care about you or your family or anyone, let alone laws, religion, family or any other thing he professes to claim. He doesn’t care about the United States, religion or anything else… other than money and power (which gets him the things he wants… materialism). Trump pretends to care about such social topics, but only to the point that Trump hopes to convince you just enough so you as a Republican will vote for him. Once Trump lands back in power, his vendetta sees to it that the United States ends and so too with it do the Republicans, the Democrats, religion and the economy. After Donald Trump gets done with the United States, there will be nothing left united about it.
Let’s hope that before this happens that an indictment and a court finds Donald Trump criminally guilty and puts him away in prison for a very, very long time. The world is not ready for a petty nihilist dictator like Donald Trump practicing his petty dictatorship on American soil. Donald Trump cannot be allowed to be re-elected to any position. There are also plenty of non-MAGA Republican candidates who are actually willing to do the right thing for Democracy, who can kick these MAGA extremists to the curb, who can put this morally bankrupt Republican period behind us and bring respect and sanity back to the Republican party. Republicans need to finally wake up and stop defending a man who is so clearly morally bankrupt and in no way worth defending. Let Donald Trump be indicted; it’s his problem, not yours. It’s long past time to shut up and leave Donald Trump to his own fate.
Donald Trump Indictment Text
For your reading pleasure and enjoyment, here is the full text of Donald Trump’s New York indictment.
If you’re on a phone or tablet, you may need to click the link for the document to open. Donald Trump’s team is also still calling this a politically motivated prosecution from Alvin Bragg. There’s nothing in this indictment that seems politically motivated in nature. Though, the charges are also not surprising or unexpected considering Donald Trump’s activities stated by Michael Cohen. All of the counts are based on falsifying business records. Whether these counts are valid and have merit are for the courts to decide, not for Donald Trump or his sycophants or CNN’s analysts to decide. Donald Trump can file motions to dismiss in a legal format, but again it’s up to the courts to decide whether to consider if those motions are valid.
Analysis
I hadn’t really wanted to include an analysis section of this indictment, so I’ll include a short one. CNN legal pundits are heavily leaning in Donald Trump’s favor. It’s clear, CNN has become much more right leaning in its views. Thus, CNN’s legal analysts have basically treated Bragg’s indictment as nothing more than a mere, but very weak nuisance. Donald Trump’s lawyers echoed this same sentiment immediately upon leaving the arraignment court building. These Donald Trump sycophants and CNN alike have decided that Trump will likely to be able to dismiss the entire set of charges.
MSNBC, however, has taken a more balanced approach in its view; an approach to which I agree. There are 34 counts present in the indictment (this sheer number is important to realize). If the case had zero merit, it would have never been accepted by a judge to arraign Trump over. Thus, the counts are most definitely strong enough to arrest and arraign Trump. What MSNBC’s analysts postulate is that while many of the counts may be dismissed as weak, not all of them are likely to be dismissed. That reduction in counts reduces Trump’s criminal exposure, to be sure, but it is not eliminated. If even 10 counts remain after Trump’s move to dismiss, that’s still 10 counts to which Donald Trump must be held to criminal account.
I do agree that Trump may be able to get some or even a larger number of the counts dismissed. I also agree that Trump may not be able to dismiss every single count. Trump understands this. Even just 1 count is enough to take it to trial. Though, I believe there will be well more than just 1 left over after whatever is dismissed is dismissed.
False Rhetoric
One thing I do not agree with is that Bragg’s indictment is in any way politically motivated. Bragg has every right as the Manhattan District Attorney to bring anyone and everyone to justice for perpetrating illegal activities. If Bragg has uncovered evidence that Donald Trump has, in fact, perpetrated illegal activities… and according to this indictment he has… then Bragg has a legal obligation under New York Law to seek prosecution against the accused. It does NOT say witchhunt. It does NOT say politically motivated. It DOES say that District Attorney Alvin Bragg is doing his job for the state of New York. Donald Trump and the Republicans will spin this as political, only because they think it will help Donald Trump skirt responsibility for the laws that he has allegedly broken. To that I counter, if you break the law and you are exposed, you take the consequences; ex-president or not. No man is above the law.
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Workplace Crime: Should I talk to human resources?
I’m being harassed by a manager, should I talk to human resources? Let’s explore.
Sexual Assault in the Workplace
I’ll lead with this one right up front as it’s front and center news and part of the #metoo movement. While this tends to be more common for females than males, both genders can experience this problem in the workplace. What should you do if you’re groped in the workplace in an inappropriate way? The first question you’re probably asking is, “Should I contact human resources?”
The answer is a resounding, NO. Do not contact the human resources team and try to complain there first. In fact, unless you’re a manager in the organization, you should entirely avoid complaining to human resources. Why? Let’s explore deeper.
Human Resources works for Management
This is an important concept to understand about corporate business. The HR team works for the management team, not the employees. Many people have a misconception that the HR team is an advocate group for the employee. This is entirely false. The HR team members, no matter how friendly they may appear, are not and will never be an employee advocate. Only you can be your own advocate (along with any attorney you hire). Your employer’s HR team looks out for #1, which is the business itself and the management team.
If the activity you experienced is sexual misconduct and resulted in bruises, marks or injury, then visit a hospital and take photos of the injuries first. Call 911 if necessary. If situation involves rape, then you’ll need to have the hospital perform a rape kit. When you are able and out of immediate danger, you should call the police and file a police report against the person describing what happened to you and by whom within the police report. Always ensure you are out of immediate danger before contacting anyone.
Next, find a lawyer who can represent you in this matter. If the lawyer finds merit in a lawsuit against the accused (or your company), it’s up to you to decide or not to proceed with the case. Of course, you’ll want to make sure you understand the consequences and the monetary costs of pressing such legal action, particularly against managers and particularly against high paid executives and your employer.
Once you have filed both a police report and you have a lawyer, only then should you involve the human resources team and give them whatever information that your lawyer deems appropriate to give them. Remember, only your lawyer is your advocate. The human resources team represents the company’s interests, not yours. Even then, you should only contact your company’s human resources team after discussing this strategy with your lawyer.
The human resources team’s responsibility is always to find reasons to discredit you and sweep the event under the rug. Once a police report is filed and you have a lawyer, the HR team can no longer play the protect-the-company game as easily because the police are now involved. The HR team is not law enforcement, but they always want to avoid lawsuits at all costs. They exist to make sure the company’s image remains clean and friendly. If it gets publicized that staff are being sexually assaulted in their workplace, their hiring efforts will cease. No one will want to work at a company that wilfully puts employees into harm’s way while on the job. No, it is in HR’s best interest to ensure an employee making an accusation is at best discredited and at worst terminated. HR may or may not terminate the accused depending on the position held within the company and depending on the accusation and against whom.
For example, if the person being accused of sexual misconduct is a manager, director, VP or C-level exec, it’s almost certain the accusing employee will be targeted for termination. The accused will likely remain at the company. As I said, it’s important to understand that the HR team’s obligation to the company is to protect the management team and the company against lawsuits and protect the company’s image that might interfere with hiring efforts. They also don’t have to play fair to do this… which is why termination may be a very real outcome for whistleblowing such activities within a company.
Targeted for Termination
While whistleblowers have protection when working in government jobs, no such protections exist for private corporations. If you whistleblow as an employee of a private corporation, the company is well within their rights to terminate your employment with or without cause. This is particularly true if your employment is considered AT-WILL. Of course, you can also sue the company for wrongful termination. The HR team is well aware of this position as well.
To avoid a wrongful termination lawsuit, the management team will likely sideline you into a position where you cannot succeed. This will then force you to perform badly and force management to put you onto a Performance Improvement Plan (PIP). Because you have no way to succeed on this PIP, you’ll fail at all of the success goals while on the PIP and, at the end of the improvement period, you will be ushered to the door. This is a common strategy to get rid of troublemakers and avoid wrongful termination lawsuits. Because they followed the PIP plan to the letter and have documented it at every step, this is the company’s insurance policy against wrongful termination lawsuits.
If you whistleblow and end up on a PIP, you’re being groomed for termination. You should take this as a huge red flag to move on. Put your resume out there the day you find out you have been put on a PIP. Don’t wait. Don’t assume things will work out.
Previous Employer Lawsuits
If you quit your offending employer and find a new job, you should keep any previous employer litigation information confidential. Do not disclose this to your new employer. First, it’s not their business. Second, if they find out you’re suing a previous employer, that could become contentious with your new company. They may feel threatened that you could take legal action against them. Don’t inform them of any pending legal action.
Don’t discuss it with co-workers. Don’t discuss it with your manager. Simply, don’t discuss it. Only discuss it with your lawyer. If you need to take off work for a legal meeting with your attorney or with the case, simply tell your employer that you have a personal matter that you need to discuss with your attorney and leave it at that. If they press you on the legal matter, just explain to them that due to pending litigation, you can’t discuss the case.
Termination and Lawsuits
If you’re terminated from the offending company, you may be asked to sign legal documents stating you won’t sue the company or that you’ll agree to arbitration. Simply ignore the documents and don’t sign them. The company cannot withhold your pay as extortion for signing those documents. If they try this, this is illegal and you can sue them for withholding your earned pay. A CEO can even be personally jailed for willfully withholding your pay even if it was someone else in the organization who made that decision. Your company must pay you the hours you worked regardless of what you sign going out the door.
Also, being terminated doesn’t absolve the company from any legal wrongdoing. If you have a pending lawsuit against the company, being terminated doesn’t change the status of that pending lawsuit. You are still free to pursue any lawsuits you have open. In fact, being able to document termination in a retaliatory way may even strengthen your lawsuit.
If you signed an arbitration agreement as part of your hiring package with the company (which you should never do), then you’ll have to discuss this situation with your lawyer to find your best avenue for litigation.
Guilt, Lawsuits and your Career
If you witness or you become a part of an illegal activity in the workplace (i.e., sexual misconduct), it is on you to determine how you want to handle it. You can do nothing and let it drop or you can take it to the police. It’s your choice. Too many companies get away with far too much. If you witness or experience anything illegal while on the job, you should report it to the police and consider a lawsuit only on your attorney’s advice.
As I said above, if you attempt to go to HR first and ask them to address your concern, it will be you who will become accused, sidelined and treated as the criminal, not the actual person who performed the misconduct that you witnessed. Why?
The HR team and its management are hired by the CEO and executive team. The HR manager likely reports directly to the CEO or the CFO. As a result, they take marching orders from their boss. If an employee makes an allegation against a manager or above, the CEO will want to quash this as quickly and as quietly as possible without investigation. To do this, the HR team will state they are investigating, but instead they will begin watching you, the employee who made the report closely. Even the tiniest slip or mistake will be blown way out of proportion and, you, the accuser be reprimanded. This may lead to a PIP as described above or possible immediate termination.
Basically, if you reach out to the HR team for help, you may find that it is you who are now the target against the ire of the company. Unfortunately, once the executive team paints a target on the back of an employee, it’s only a matter of time before the accuser is gone.
Throw Away Employees
Unfortunately, corporate business is cutthroat about making money and ensuring that that outcome continues. CEOs and the executive team will stop at nothing to make sure business continues as usual. The executive team is not your friend at any company. They are your boss. As a boss, they will do whatever it takes to make sure their business succeeds, regardless of what that means to you.
The only employee in any organization considered important enough to keep on the payroll is the CEO. All else are expendable… and this is especially true of troublemakers. By making an accusation of sexual misconduct against anyone, you may be labeled a troublemaker in your personnel file. If your position is easily replaced, you’ll soon be gone and they’ll fill it with someone else.
For this reason, if you’re alleging sexual misconduct, you have to make sure to legally document everything including physical evidence of it. The only way to do that is contact the police. Then, hire a lawyer. Only a person whom you are paying can help you to bring justice. The HR team has no incentive to bring justice on your behalf as they are not paid by you. The HR team has every incentive to ignore you and maintain status-quo because they are paid by and take orders from management.
Illegal Activities
Such activities are not limited to sexual misconduct. It also includes embezzlement, money laundering, insider trading, cooking the books, theft, vandalism and any other willful act by an officer of the company. If you witness any of these, you should still file a police report and then talk to a lawyer.
Skip talking to the HR team as they will only cast suspicion on you, try to turn it around on you and/or target you for termination. It is their job to kill these problems as quickly and as quietly as possible using any means necessary. Being able to get rid of problems quietly is the difference between a good and a great HR team. Don’t ever think the HR team is on your side as an employee.
HR Perks and Employee Happiness
This goes hand in hand with all of the above. Unless you’re on the management team, the HR team is not your advocate. Yes, HR is there to keep the employees happy, but only on their terms. When a non-management employee brings a problem to the attention of HR, watch your back. This means, never disclose your internal company problems to an HR team member. Sure, you can be friendly and sociable and polite, but always keep the HR team at arm’s length when discussing personal or job related matters. This also means you need to know whom is married to whom in your organization. You don’t want to vent a bunch of personal issues to a co-worker only to find out they are married to the HR manager or an HR employee at your company. Word gets around fast in HR.
As an example, if your company offers company paid counseling as a perk, you should avoid using it. Instead, you should find your own personal counselor and pay them for those services yourself. If you disclose anything to a company paid counselor which could be misconstrued as a problem for the company, the HR team may be able to obtain this information outside of any doctor-patient privilege. Because of this, this could give the HR team ammo to terminate your employment. Always be very, very cautious when using such company sponsored counseling services. When the company is paying the bill, they may have made legal arrangements to obtain information that an employee might disclose.
This information can also be kept in your employment file and potentially used against you should the need arise. Careful what you say, particularly to company paid counseling services and to random folks around the office. Because the walls have ears, even discussing this kind of stuff during lunchtime in the break room could be overheard by someone on the HR team. It’s simpler not to discuss issues of sexual misconduct at all when on your company’s property.
Cell Phones and Employment
If your company supplies you with a cell phone for business purposes, never use it for personal reasons or to discuss personal matters. Because the company owns the equipment, they can install whatever they want on the device and potentially record and listen to your conversations. Only ever discuss these kinds of matters on a phone you own and fully control.
Because many employers now allow using your own phone device for work purposes, never relinquish your phone to the IT team or install company apps or mail on your phone. For example, installing an Exchange mail connector in Apple’s Mail app on iOS allows your company to not only set up restrictions on your phone device, preventing you from using certain functions or installing certain apps, they can also modify the device to their own will… up to and including wiping your phone entirely of data. Yes, installation of the Exchange connector to a corporate Exchange mail server hands over this level of control of your device to your employer!
Never install a company Exchange connector on Apple’s Mail app. Instead, install the Outlook app and only use it. The Outlook app does not have this level of permission to control your phone that Apple’s Mail app has and, thus, cannot modify your phone or put your phone at risk of being wiped. Better, don’t use your personal phone for company business. Request the company provide you with a phone if they need that level of control over the phone device. If they refuse the request, that’s their problem. The employer can call you and text you on your device, but that’s as far as you should let them go with your personal phone. If they provide you with a company phone, then they can set it up however they wish.
Managers and HR versus Employee
Yes, the management team and HR will gang up on you. As an employee, the HR team always takes the word of a manager over the word of the employee. This is fact. There is no such thing as justice or equality in corporate business. The HR team represents the management team without question. If, for example, you accuse a manager of sexual misconduct and that manager tells HR that the accuser made it all up, that’s where the accusation ends. Worse, the manager can then retaliate against you through the HR team’s blessing. There will be no further investigation nor will your accusation receive any further review. However, your work efforts might find undue scrutiny, micromanagement and manager meddling. If you press the point, the HR team will likely begin the sidelining and termination process at the manager’s request.
Even if the HR team requests such complaints come forward, never assume that submitting your complaint to the HR team will result in any satisfactory outcome for you. It won’t. Instead, you will need to rely on the legal system to work for you. This is the reason you should make a police report as soon after the incident as possible, preferably the same day. Visit a hospital if you are injured so they can medically help you and document your injuries. Then, find a lawyer who specializes in whatever you witnessed or experienced and talk to them about your case. If you have been assaulted or raped in the workplace, you should visit the RAINN web site or call RAINN at 1-800.656.HOPE to find out what to do next.
If you choose to try to reach out to the HR team and find that it all backfires on you, you can’t say you haven’t been warned.
Disclaimer: None of this article is intended to be construed as legal advice. If you have legal questions, you should contact an attorney near you who specializes in the crimes you have witnessed or experienced. If you are a victim of sexual assault and/or rape in the workplace, visit RAINN to find out what to do.
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