2. Dear Human Resources Professional,
If your company is seeking a dynamic and energetic, credentialed HR Professional, then please review my
cover letter and resume for consideration.
I have earned a Bachelor of Business Administration degree from the University of Houston and have earned
my certification as a Human Resource Professional through the Human Resource Certification Institute and
the Society of Human Resource Management. With my considerable experience in Human Resources, I am
quite confident that I will add substantial value to your organization. Please see the attached resume, which
summarizes my professional background.
In conjunction with my professional experience, I have also taught Human Resource Management classes for
HR professionals seeking their PHR and SPHR certification. The classes involve instruction in Management
Practices, Staffing, Employee Relations, Compensation & Benefits, Labor Relations, Training &
Development and Health, Safety & Security. These classes are organized and endorsed by the Houston
Human Resources Management Association.
Please contact me at your earliest convenience so that I may answer any questions that you may have and so
that I may demonstrate my competence and enthusiasm for your oppportunity. You can reach me at my
home address, email address or please feel free to contact me by way of my mobile phone at (281) 684-5757.
I look forward to hearing from you.
Professional Regards,
Steve Vidal
Steven D. Vidal, PHR
3. STEVEN DOUGLAS VIDAL, PHR
2121 YUPON CIRCLE
PEARLAND, TEXAS 77581-3513
Mobile: 281-684-5757
Home: 281-997-9340
Email: steve@vidal.com
EDUCATION: University of Houston: Bachelor of Business Administration – May 1990
Rice University: Human Resource Management – May 1999
Human Resource Certification Institute: PHR Certification
EMPLOYMENT:
Vidal Holdings, Inc. (Houston, TX) 8/19/2013 to Present
Consultant: Leveraging my experience as a business leader in Human Resources, I have recently had the opportunity
to work with large and small organizations; helping them to retool and fine tune their HR organizations and how those
organizations relate to the overall business.
Direct Energy: Direct Energy, a multi-billion dollar enterprise and North America’s largest competitive
energy and energy-related services company retained my services to carefully review and harmonize their policies and
procedures. DE has expanded their market primarily through mergers and acquisitions; as a result of this lack of
organic growth, they are experiencing fragmentation in their business rules and operating procedures. Currently, I am
utilizing my project management skills in order to codify numerous policies, procedures and processes, working with
executives and department heads to ensure cohesiveness and feasibility.
Direct Energy also is experiencing problems with their separation and severance agreements. Because of the complex
nature of the agreements and the number of “moving parts”, the agreements are difficult to construct and cumbersome
to manage. To solve for this, I built a program that requires that very simple data fields be keyed. The program then
performs all of the necessary calculations and then constructs the separation / severance agreement; elevating this
process to a zero percent error ratio.
Austin Industrial: Austin Industrial, one of the largest industrial contracting companies in the United States
needed assistance with the integration of an applicant tracking system, selection & placement, employment branding,
employee relations, medical assessment, recordkeeping, maintenance and administration. As a 5000+ employee
industrial contractor with revenue in excess of 18 million per year, Austin Industrial has an annual hiring calendar of
more than 8000 craft employees per year.
As the iCIMS Implementation Project Manager, I had full scope, coordination and implementation responsibility for
the enterprise. We rolled out the iCIMS Applicant Tracking System ahead of schedule and the VP of HR stated that it
was the smoothest software rollout and integration that he had ever experienced in his career. Within five months,
Austin Industrial has experienced more applicant flow and effective applicant tracking than experienced in the five
years that Austin utilized the Taleo ATS system.
In addition to the implementation of the iCIMS ATS, I also implemented the use of the Vangent psychometric survey
system. Vangent is a validated pre-employment assessment that craftsmen would take as a part of the selection and
placement process. The assessment measures an individual’s propensity toward risk taking and risk aversion.
Through the use of this tool, Austin Industrial was better able to predict whether industrial craftsmen would sacrifice
safety in favor of other competing objectives.
Dish Network (Alvin TX, Denver CO); 8/11/2008 to 8/16/2013
Regional Human Resources Manager: Responsible for managing all aspects of the Human Resources function for
two locally operated, 900+ employee, customer service centers for Dish Network, a multi-billion dollar Fortune 200
company. Responsible for monitoring and evaluating all Human Resources practices and objectives throughout all
local departments. Coordinated the implementation and enforcement of policies, procedures and other HR related
objectives through Human Resources staff of eleven and an Operations Support staff of more than 100.
4. Dish Network Accomplishments:
2012 – Saved DISH more than $385,000 by reducing attrition
Managed unemployment claim arguments to a 94% win ratio – Saving DISH more than $500,000
Designer, Developer and Programmer of AppTrak – a proprietary applicant tracking system that was utilized
by various call centers in the enterprise to track applicants prior to the utilization of iCIMS
Assisted with iCIMS applicant tracking system implementation and roll-out
Managed high volume recruiting in a fast paced customer service environment
Managed internal selection & placement for candidates desiring transfer and/or promotion opportunities in
accordance with OFCCP requirements
Talent Planning Champion – utilized 9-box performance/potential assessment in order to identify and develop
personalized development plans for high-potential employees.
Enterprise power user with Success Factors, Human Capital Management software – which was used to track
employee progression during Talent Planning.
Developed HRIS system that tracks
o New Hire Candidates from application to hire (replaced by iCIMS)
o Internal Transfer / Promotion candidates
o Attendance and Punctuality of more than 3000 non-exempt employees on a daily basis
o Employee Discipline
o FMLA & LOA Requests and Usage
o WOTC filings
o Sarbanes-Oxley related investigations
Effectively defended Dish customer service centers under my charge against all EEO complaints; 100% win
rate!
Capital Management Services (Buffalo NY, Greenville SC, Las Vegas, NV, Houston, TX); 2/20/2006 – 8/8/2008
Director of Human Resources and HR Information Systems: Responsible for Human Resources in a multi-national
fiduciary specializing in asset and receivables management. Developed policies and procedures for company that grew
600% during the 3 years of my tenure. Reported to the Executive Vice President of Human Resources, the Corporate
President and the Chairman of the Board of Directors. Developed and managed PeopleTrak, a proprietary and
internally developed, fully functioning HRIS system that tracked the following:
Capital Management Services Accomplishments:
Managed and created 24,000 plus daily schedules on a monthly basis
PTO accruals with accrual exceptions for employees working less than scheduled effort in prior month
EEO Reporting and document generation
Attendance and Punctuality of more than 1000 non-exempt employees on a daily basis; automated
OSHA Tracking / Reporting: tracks and completes OSHA reports for recordable incidents
Monthly Performance Evaluations for more than 1000 non-exempt employees
Managed unemployment claim arguments to a 85% win ratio
Assisted with day-to-day payroll administration, including bi-weekly payroll processing, timesheet
review/corrections, and overtime reporting
Steven’s Deli. (Houston, Texas); 10/18/2004 – 2/10/2006
Owner: Owned and operated a delicatessen in Downtown Houston, which generated in excess of $250,000.00 in its
first year of operation. After nearly two years, I decided to move back to HR!!
CCCInteractive, L.P. (Houston, Texas); 3/20/2000 to 10/04/2004.
Director of Human Resources: Responsible for all aspects of Human Resources in a multi-million dollar third party
customer service organization. Originated all Human Resources policies, practices and objectives, providing balanced
processes and procedures throughout all departments. Coordinated implementation of policies, procedures and other
HR related objectives through Human Resources staff of six and an Operations Support staff of ten. Reported to the
President as the ranking Human Resources executive in the company. Assisted and advised senior management on
Human Resources issues.
5. CCCInteractive Accomplishments:
Identified problems with and corrected the following issues –
o Substantial errors and omissions regarding COBRA compliance,
o Extensive IRCA (I-9) paperwork violations,
o IRS Section 125 Plan Document and Election Forms violations,
o Absence of documented and verifiable performance evaluation process;
Created progressive discipline process that reduced risk exposures through consistency and fairness;
Created a systematic approach to TWC unemployment challenges: increasing favorable outcomes;
Designed & developed a computer program that tracks employee time and effort; reducing timekeeping errors;
Designed & developed comprehensive HRIS system that tracks all Human Resources functions;
Received favorable outcomes in all EEOC investigations.
Houston Area Safety Council, Inc. (Deer Park, Texas); 12/15/1997 to 2/25/2000.
Senior Manager Human Resources: Responsible for all areas of Human Resources for a multi-million dollar
teaching institution committed to industrial safety. Under the direction of the President of the Board of Directors,
designed and policies and procedures and directed and coordinated all human resource activities. Responsibilities
included: planning and organizing all activities of the Human Resource department, management practices, employee
relations, recruiting, selection & placement, training & development, benefits administration, 401(k) administration.
HASC Accomplishments:
Created a comprehensive employee policy and procedure manual within the first three months of employment,
Created and implemented the formal collection of 360° employee survey data,
Created an HRIS system by designing and programming a relational database within MS Access,
Conducted manager sex harassment training,
Initiated an employer match 401(k) retirement savings program, and
Negotiated improved medical, life and disability insurance coverage while saving the company money.
KENNETH BALK & ASSOCIATES, INC., (Houston, Texas / St. Louis, Missouri); 12/11/1995 to 12/12/1997.
Human Resources Manager: Responsible for functional areas related to the management of a multi-million dollar
Architecture, Engineering and Survey firm. Responsibilities include oversight of all areas of Human Resources
including: processes in hiring, coordination of temporary staff, EEO compliance, employee drug testing program,
benefits, salary administration, employee relations, best practices and training & development and the Health, Safety
and Security program.
ETR ASSOCIATES, INC., (Houston, Texas); 3/90 – 12/8/1995.
Human Resources Manager: Responsible for all areas related to human resources within the company; to include
acquisition and retention of staff, employee relations and training. Prepares annual manpower budget, resolves
employee disputes using employee Problem Resolution Process, prepares, rewrites and interprets ETR policies and
procedures. Also responsible for all other human resource functions not specifically mentioned.
PROFESSIONAL ACCREDITATION and
COMMUNITY INVOLVEMENT:
Human Resource Certification Institute – Certified Human Resource Professional 1999
Houston Human Resources Management Association – Board of Directors 2000-2001
Society of Human Resource Management – Member
Rice University – Men’s Baseball – Public Address Announcer
Rice University – Men’s Basketball – Public Address Announcer
Rice University – Women’s Soccer – Public Address Announcer
Houston Dynamo Professional Soccer Team – Former Public Address Announcer
Sugar Land Skeeters Professional Baseball Club – Former Announcer and Emcee
Houston Aeros Professional Hockey Team – Former Public Address Announcer and Arena Talent
University of Houston – Men’s Baseball – Former Public Address Announcer
6. STEVEN VIDAL, PHR
HR CORE COMPETANCIES
The following pages detail my experience in the 9 HR Core Competencies.
7. Steven Vidal, PHR
Core HR Competencies
During the course of my career, I have worked continuously to improve my skill set with regard to the
nine core HR Competencies, those being:
Human Resource Expertise and Practice
Relationship Management
Consultation
Leadership and Navigation
Communication
Diversity and Inclusion
Ethical Practice
Critical Evaluation
Business Acumen
Below is an accounting of each of the nine core competencies, with additional information which details
what I have accomplished in each.
Human Resource Expertise and Practice
Identifies ways to improve operational efficiency
Serves as the HR subject matter expert to supervisors, managers and executives
Implements HR operational strategy
Develops policies and procedures consistent with organizational values and goals
Applies policies and procedures across organization
Conducts investigations of workplace policy violations
Applies compliance knowledge to protect organization
Identifies, develops and implements HR technology plans
Aligns the delivery of HR services to proactively integrate with organizational initiatives
Ensures the delivery of high-quality HR processes
Provides expertise to support staff development and leadership training
Determines best practices to support organizational direction
Educates and advises executive team on strategic HR issues as a factor in decision-making
Aligns the delivery of HR services to proactively integrate with organizational initiatives
Assumes responsibility for HR and business outcomes
8. Relationship Management
Establishes credibility in all interactions
Treats all stakeholders with respect and dignity
Builds engaging relationships with all organizational stakeholders through trust, teamwork, and
direct communication
Demonstrates approachability and openness
Ensures alignment within HR when delivering services and information to the organization
Provides customer service to organizational stakeholders
Promotes successful relationships with stakeholders
Manages relationships in ways that promote the best interests of all parties
Champions organizational effectiveness to benefits all stakeholders
Serves as an advocate when appropriate;
Fosters effective teambuilding among stakeholders
Demonstrates ability to effectively build a network of contacts at all levels within the HR
function and in the community, both internally and externally
Consultation
Applies creative problem-solving to address business needs and issues
Serves as an in-house workforce and people management expert
Analyzes specific business challenges involving the workforce and offers solutions based upon
best practice or research
Generates specific organizational interventions (e.g., culture change, change management,
restructuring, training, etc.) to support organizational objectives
Developing consultative and coaching skills
Guides employees regarding specific career situations
Leads and guides managers during talent planning meetings, ensuring a minimization of bias
Leadership and Navigation
Exhibits behaviors consistent with and conforming to organizational culture
Understands and fosters collaboration on the most effective and efficient way to accomplish
tasks within the parameters of organizational hierarchy, processes, systems, and policies
Develops solutions to overcome potential obstacles to successful implementation of initiatives
Demonstrates agility and expertise when leading organizational initiatives or when supporting
the initiatives of others
Sets the vision for HR initiatives and builds buy-in from internal and external stakeholders
Leads the organization through adversity with resilience and tenacity
Promotes consensus among organizational stakeholders (e.g., employees, business unit leaders,
informal leaders) when proposing new initiatives
Serves as a transformational leader for the organization by leading change
9. Communication
Provides clear, concise, proactive information to others in verbal, written, electronic, and other
communication formats for public and organizational consumption
Listens actively and empathetically to the views of others
Delivers critical information to all stakeholders
Seeks further information to clarify ambiguity
Provides constructive feedback effectively, being sensitive to timing
Ensure effective communication throughout the organization
Provides thoughtful feedback in appropriate situations
Demonstrates an understanding of the audience’s perspective
Treats constructive feedback as a developmental opportunity
Welcomes the opportunity to discuss competing points of view
Helps others consider new perspectives
Leads effective and efficient meetings
When appropriate, helps managers communicate not just on HR issues
Utilizes communication technology and social media
Diversity and Inclusion
Has a strong set of core values while operating with adaptability to particular conditions,
situations, people and cultures
Maintains openness to others’ ideas and makes decisions based upon experience, data, facts
and reasoned judgment
Demonstrates nonjudgmental respect for other perspectives
Possesses self-awareness and humility to learn from others
Adapts perspective and behavior to meet the cultural context
Operates with a fundamental trust in other human beings
Ethical Practice
Maintains confidentiality
Acts with personal, professional, and behavioral integrity
Responds immediately to all reports of unethical behavior or conflicts of interest
Empowers all employees to report unethical behavior or conflicts of interest without fear of
reprisal
Shows consistency between espoused and enacted values
Acknowledges mistakes
Drives the corporate ethical environment
Applies power or authority appropriately
10. Recognizes personal bias and others’ tendency toward bias, and takes measures to mitigate the
influence of bias in business decisions
Maintains appropriate levels of transparency in organizational practices
Ensures that all stakeholder voices are heard
Critical Evaluation
Makes sound decisions based on evaluation of available information
Assesses the impact of changes to law on organizational human resource management functions
Transfers knowledge and best practices from one situation to the next
Applies critical thinking to information received from organizational stakeholders and evaluates
what can be used for organizational success
Gathers critical information
Analyzes data with a keen sense for what is useful
Delineates a clear set of best practices based on experience, evidence from industry literature,
published peer-reviewed research, publicly available web-based sources of information, and
other sources
Analyzes information to identify evidence-based best practices
Identifies leading indicators of outcomes
Analyzes large quantities of information from research and practice
Business Acumen
Demonstrates an understanding of the strategic relationship between effective human resource
management and core business functions
Demonstrates a capacity for understanding the business operations and functions within the
organization and aligns HR strategy, goals, and objectives to overall business strategy and
objectives
Understands the industry and business/competitive environment within which the organization
operates
Evaluates critical activities in terms of value added, impact, and utility derived from a cost-
benefit analysis
Understands organizational metrics and their correlation to business success
Serves as strategic contributor to organizational decision-making regarding fiscal,
product/service lines, operations, human capital, and technological areas
Develops HR business strategies to drive key business results
Markets HR both internally (e.g., return on investment (ROI) of HR initiatives) and externally
(e.g., employment branding)
Leverages technology to solve business problems
Examines all organizational problems with a sense for integrating HR solutions designed to
maximize ROI, profit, revenue, and strategic effectiveness
11. STEVEN VIDAL, PHR
WRITING SAMPLE
The following pages detail a recent position paper to the Equal Employment
Opportunity Commission in regard to a frivolous claim of discrimination. The
document is an example of my argumentative writing style, which met with a
favorable outcome from the EEOC. The names of all parties in the document have
been changed with the exception of my own.
12. June 10, 2011
Gabriel Cervantes
Federal Investigator
EEOC Houston District Office-460
Mickey Leland Federal Building
1919 Smith Street, 7th
Floor
Houston, Texas 77002-8049
RE: Charge Number – 460-2011-01234
Filed By – John T. Jones
Company:
DISH Network, L.L.C.
1701 Fairway Drive
Alvin, Texas 77511
Company Representative for all further contact:
Bill Smith, Vice President, Human Resources
9601 S. Meridian Blvd.
Englewood, CO 80112
Phone: 303-555-1234
Fax: 303-555-9876
Party Responsible for Position Statement regarding Charge:
Steven Vidal, PHR
Human Resources Manager
1701 Fairway Drive
Alvin, Texas 77511
Phone: 281-756-5420
Fax: 720-55-9876
Statement of Principal Product:
DISH Network’s (DISH) principal product is Direct Broadcast Satellite TV service to
residential and commercial customers.
Current number of employees at the 1701 Fairway Drive location = 742 as of June 10, 2011
13. Charge #: 460-2011-02314
Claimant: John T. Jones
Investigator: Gabriel Cervantes
Page 2 of 7
Dear Investigator Cervantes,
As the Manager of Human Resources for DISH Network’s Alvin, Texas Customer
Service Center (“DISH” or “DISH Network” ), in regard to the above referenced Charge
(Attachment I – EEOC Charge; 2 pp), I submit to you our position as follows:
DISH denies all allegations of illegal behavior asserted by Mr. John T. Jones. DISH
Network has treated Mr. Jones fairly and in a non-discriminatory manner at all times. All
actions taken with respect to Mr. Jones’s employment have been based on legitimate,
business-related, non-discriminatory reasons.
Discussion:
Mr. Jones was terminated on or about March 23, 2011 based on Mr. Jones’s serious
breach of the DISH Network’s confidentiality policy (Attachment II; 1 pg). The
decision to terminate Mr. Jones was based on legitimate business reasons. We, therefore,
reject Mr. Jones’s individual and collective claims of illegal retaliation and discrimination
based on any disability, either real or perceived, that Mr. Jones may have had.
Regarding the Particulars:
Paragraph I: Mr. Jones asserts that Kenneth Smith, Mr. Jones’s immediate manager,
repeatedly asked Mr. Jones if he would consider stepping down to a less stressful
position. This statement from Mr. Jones is true. Mr. Smith did ask Mr. Jones if he was
interested transferring to a less stressful position. Mr. Smith was concerned for Mr.
Jones, because Mr. Jones was suffering with some health related issues. Concerned that
the high stress of a supervisor position may have been exacerbating Mr. Jones’s medical
condition, Mr. Smith offered reassignment as a caring and compassionate option. This
was not presented as, nor was it intended to be, any kind of punitive or discriminatory
action. This option was simply presented to Mr. Jones. Mr. Jones did not elect to pursue
the option and it was not involuntarily forced upon him.
Paragraph II: Mr. Jones states that:
“After some consideration, I came in on March 23, 2011 to pick up the FMLA
paperwork from Steve Vidal, Human Resources Manager. On March 23, 2011,
Mr. Vidal terminated my employment. According to Mr. Vidal, I was discharged
because I provided a written statement to an ex-employee who was applying for
unemployment. Incidentally, Mr. Vidal had given me permission to give the
written statement to the ex-employee.”
While Mr. Jones and Mr. Vidal did meet on March 23, 2011, both parties actually had a
meeting prior to March 23, 2011 that is germane to this matter. Mr. Jones approached
Mr. Vidal about his concerns regarding a former employee in the days prior to March 23rd
(the most likely dates of this meeting are either March 15, 2011 or March 16, 2011). Mr.
14. Charge #: 460-2011-02314
Claimant: John T. Jones
Investigator: Gabriel Cervantes
Page 3 of 7
Jones articulated concerns that he was going to be subpoenaed by David Bingham in
order to have Mr. Jones testify at a trial. As Mr. Jones gave more details about his
concern, it became apparent to Mr. Vidal that Mr. Jones was referring to a Texas
Workforce Commission Telephone Hearing and not a trial.
It was then explained to Mr. Jones by Mr. Vidal that witnesses are not subpoenaed to
these hearings; they generally appear on a voluntary basis. Mr. Vidal also attempted to
assuage Mr. Jones’s concerns, stating that he had nothing to worry about. If a former
employee or claimant for unemployment benefits ever wanted to call him to testify at a
hearing as a witness, that Mr. Jones would just come to Mr. Vidal’s office and answer
some questions; from the hearing officer, and possibly questions from the claimant and
then questions from the employer’s representative. It was also explained that it is just a
hearing and not a trial – so it is a pretty straightforward process. Not once during this
initial dialogue regarding the Bingham Matter did the notion of preparing a written
statement on behalf of Mr. Bingham become a part of the discussion.
On March 23rd
, Mr. Jones did attend a meeting, at approximately 10AM, in order to
discuss FMLA options. Again, this was at Mr. Vidal’s urging. Mr. Jones agreed to the
notion of applying for FMLA protected leave and the paperwork process to have him
certified as having a serious health condition was initiated.
During the afternoon of March 23, 2011, shortly after 3PM and well after Mr. Vidal’s
meeting with Mr. Jones, Mr. Vidal received a fax transmission from Thomas and
Thorngren that was pursuant to an upcoming telephone hearing. Thomas and Thorngren
is the third party representative for DISH Network as pertaining to unemployment claims
throughout the United States. The fax transmission contained a letter that appeared to
have originated from Mr. Jones. This was evident because the letter had been signed by
Mr. Jones (Attachment III; 2 pp). As previously stated, this letter contained
confidential information that Mr. Jones was not authorized to produce or distribute. After
comparing the signature on the letter to other known signatures that were produced by
Mr. Jones, it seemed reasonable that Mr. Jones generated the letter.
As a result of this finding, shortly before 4PM on March 29th
, Mr. Vidal corresponded
with his supervisor, Kathy Simpson, Senior Human Resources Manager – West Region in
order to make her aware of the situation. Ms. Simpson directed Mr. Vidal to compare
signatures with previous signatures on file. Mr. Vidal communicated to Ms. Simpson
that this comparison had already been done and the signatures appeared to match. Ms.
Simpson directed Mr. Vidal to call Mr. Jones in order to ask him about the letter.
Mr. Vidal came to find, in speaking with Mr. Jones, that Mr. Jones did produce and sign
the letter that was written on behalf of David Bingham. Mr. Vidal asked Mr. Jones why
he would think it acceptable to produce such a letter. Mr. Jones responded that he
produced the letter based on the conversation that he had had with Mr. Vidal previously
(on March 15th
or 16th
mentioned above). During the call on the afternoon of March 23,
15. Charge #: 460-2011-02314
Claimant: John T. Jones
Investigator: Gabriel Cervantes
Page 4 of 7
2011, Mr. Vidal clearly stated to Mr. Jones that he and Mr. Jones had never discussed the
notion of Mr. Jones producing a letter on behalf of any former employee. The only topic
that they had discussed was the possibility of Mr. Jones participating in a telephone
hearing. During the phone call on the afternoon of March 23, 2011, Mr. Jones did not
express any disagreement with what Mr. Vidal had stated. Therefore, the assertion made
by Mr. Jones, that he was given permission to give a written statement, is false.
Mr. Vidal then reported to Ms. Simpson that without authorization and of his own
volition, Mr. Jones produced, executed and distributed confidential information, in
written form, regarding the work history, performance and circumstances regarding
David Bingham’s separation with DISH Network to an outside entity (Attachment III; 2
pp). The production and distribution of this written document was considered a very
serious violation of the DISH Network Confidentiality Policy and Conflict of Interest
Policy.
Ultimately, in weighing all of the facts, Senior HR Leadership determined that Mr.
Jones’s violation of the DISH Network confidentiality policy was severe to the extent
that DISH decided to exercise its exclusive and discretionary right to terminate Mr. Jones
as a result of his work related misconduct.
This was communicated to Mr. Jones during the evening of March 23, 2011 via telephone
call from Mr. Vidal to Mr. Jones shortly after 6PM. At the time of the conversation, Mr.
Jones did not object to the basis of the termination. In fact, Mr. Jones asked if he could
have another chance, that he had just made a mistake. He then asked if there was anyone
else that he could talk with regarding the matter. Mr. Vidal communicated to Mr. Jones
that the decision to terminate the employment relationship had come from Senior HR
Leadership, nevertheless, Mr. Vidal stated that Mr. Jones could still avail himself to the
“Open Door Policy” – and speak with a member of senior management, or to “My Safe
Workplace” if he desired to claim a grieved status. Mr. Jones did not and has not made
use of either of these options.
Paragraph III: Mr. Jones asserts that he has been discriminated against in a manner that
is in violation of the Americans with Disabilities Act of 1990 and that he has been
retaliated against for taking FMLA. DISH Network strenuously denies these claims
made by Mr. Jones. Mr. Vidal urged Mr. Jones to apply for protection under the Family
Medical Leave Act so that any attendance occurrences that Mr. Jones experienced as a
result of his medical condition could be exempt from any possible escalation in
discipline. As mentioned above, Mr. Jones was actually resistant to the notion of
applying for FMLA. He only did apply as a result of the imploring of Mr. Vidal. Also as
mentioned above, a meeting was set for March 23, 2011 for Mr. Jones to come to the
office and complete the necessary steps to certify Mr. Jones under the Family Medical
Leave Act.
16. Charge #: 460-2011-02314
Claimant: John T. Jones
Investigator: Gabriel Cervantes
Page 5 of 7
The notion of having Mr. Jones apply for FMLA came at the urging of the company and
not from Mr. Jones. Mr. Jones had to be convinced that making use of Intermittent
FMLA was the best course of action, given the present circumstances. We assert that the
notion that DISH would terminate Mr. Jones as a result of his application for FMLA is
inconsistent with the facts as they have been presented and is, therefore, baseless and
without merit.
About DISH
DISH, formerly known as EchoStar Satellite L.L.C., is headquartered in Englewood,
Colorado where it serves more than 14 million satellite television customers through its
DISH Network® service, and is a leading U.S. provider of advanced digital television
services. DISH Network’s services include hundreds of video and audio channels,
Interactive TV, HDTV, sports and international programming, together with professional
installation and 24-hour customer service.
DISH recognizes that each one of its approximately 25,000 employees nationwide –
regardless of protected status – is critical to the Company’s success. Toward that end,
DISH vigorously maintains EEO policies, including anti-harassment and anti-retaliation
policies, designed to prevent unlawful discrimination in the workplace. Furthermore,
DISH maintains an “Open-Door” atmosphere and encourages employees to voice work
related ideas, issues, and complaints. DISH’s commitment to its Open-Door practice is
found in multiple posters displayed throughout the Company and in its Employee
Handbook.
DISH’s Equal Employment Opportunity Policy
“DISH Network is dedicated to the principles of equal employment opportunity in any
term, condition or privilege of employment. We do not discriminate against applicants or
employees on the basis of age, race, sex, color, religion, national origin, disability,
veteran status or any status protected by applicable law. This prohibition may include
harassment based on any protected class or classes. Harassment may include verbal or
physical conduct which has the purpose or effect of substantially interfering with an
individual’s work performance or creating an intimidating, hostile or offensive work
environment. This policy applies to all employees including managers, supervisors, co-
workers and non-employees such as customers, clients, business partners, vendors and
consultants.
DISH Network prohibits retaliation against any employee for filing a good faith
complaint under this policy or other policies or for cooperating with an investigation in
good faith. If you believe there has been a violation of this EEO policy, immediately
report the incident to your supervisor and/or your Human Resources representative. They
may investigate the matter and take appropriate corrective action. Your concern will be
kept as confidential as practical. If the Company determines that an employee’s behavior
17. Charge #: 460-2011-02314
Claimant: John T. Jones
Investigator: Gabriel Cervantes
Page 6 of 7
is in violation of this policy, appropriate disciplinary action may be taken against the
offending employee, up to and including termination of employment.”
Further Detail of Mr. Jones’s employment With DISH
DISH maintains and strictly enforces its Equal Employment Opportunity policy. DISH
bases its employment decisions on legitimate business needs and concerns. DISH
employs thousands of employees who represent myriad of protected classifications. As a
Company, we recognize that our success is dependent on skill set, individual
contribution, the ability to get along with your coworkers and communicate with our
customers, and other non-discriminatory factors.
For the record, DISH would also like for it to be known that Mr. Jones’s application and
consideration for unemployment benefits that resulted from his discharge from
employment was met with a favorable ruling for the employer from the State of Texas.
The Hearing Officer for the State of Texas found (Attachment IV; 3 pp):
“The employer discharged the claimant for violating the employer’s
confidentiality policy. The claimant knew of or should have known about the
policy. The claimant released a written statement on behalf of a former employer
[employee] to the Commission about the circumstances surrounding a work
separation. The claimant [Mr. Jones] violated the policy.
The claimant clearly violated the employer’s policy. The claimant violated a
policy or rule adopted to ensure the orderly work and safety of employees, which
constitutes work-connected misconduct as defined by the Act. Therefore, the
determination dated April 15, 2011 holding the claimant disqualified from
receiving benefits under Section 207.044 of the Act, beginning March 27, 2011
will be affirmed.”
Therefore, as evidenced by the arguments presented in this document and as evidenced
by the finding of fact by the Texas Workforce Commission, DISH Network has
demonstrated that it has treated Mr. Jones fairly, ethically and in accordance with all
laws, statutes and ordinances – to include the Americans with Disabilities Act of 1990, as
amended, and the Family Medical Leave Act. We therefore, respectfully request that the
Commission dismiss all charges without prejudice or encumbrance.
Sincerely,
Steven Vidal, PHR
Manager of Human Resources
DISH Network
18. Charge #: 460-2011-02314
Claimant: John T. Jones
Investigator: Gabriel Cervantes
Page 7 of 7
INDEX OF ATTACHMENTS
Attachment I – EEOC Charge; 3 pp.............................................................................1
Attachment II – Confidentiality Policy; 1 pg ...............................................................1
Attachment III – Signed Statement of John T Jones; 1 pg .........................................2
Attachment IV – Texas Workforce Commission Appeal Tribunal Decision; 3 pp ..2
19. STEVEN VIDAL, PHR
LEADERSHIP PHILOSOPHY
The following page details my thoughts on leadership and management style. My
Leadership Philosophy is at the very bottom of the page.
20. Leadership
In Leading, I will…
…possess the Courage to stand alone when circumstances warrant;
…perform my duties with Honor, knowing that doing the right thing isn’t always the easy thing;
…exhibit unflagging Integrity, even when no one is looking;
…demonstrate Loyalty to my company and my coworkers;
…influence my team and my peers through Example; if I’m not willing to do it, why should they.
As a Leader, my Job is to Inspire others.
If I am able to inspire others…
…to do more than they thought that they could,
…to learn more than their perceived capacity,
…to become more than they thought possible,
then, and only then am I a leader!
"You can accomplish anything in life as long as you don't mind who gets the credit."
~Harry S. Truman
STEVE VIDAL LEADERSHIP PHILOSOPHY
I am committed to my team. I will lead them by setting an example that
exemplifies honesty and integrity; giving relevant and constructive feedback at
the appropriate time, so that my team can effectively meet the needs of our
customers and thereby achieve individual, Team, Department and Enterprise
goals.
21. STEVEN VIDAL, PHR
LEADERSHIP COMPETENCIES
The following page details my Leadership Competencies; where I pride myself on
building the business, leading my team & my internal customers… and delivering
results!
23. STEVEN VIDAL, PHR
KEY LEADERSHIP TRAITS
The success of any manager comes, primarily, from four traits: Energy,
Intelligence, a Results Driven Mindset and Managerial Effectiveness.
ENERGY
I always demonstrate passion and drive for work activities
I am more productive than my current peer group in overall work
accomplishments
I handle extremely large amounts of work effectively and efficiently without
tiring or sacrificing quality
I always work extremely effectively in a fast-paced environment
I maintain maximum effort and enthusiasm in the face of challenges
I demonstrate an extremely high level of energy throughout the work day /
week; I rarely tire
I inspire my team and peers because of the pace that I maintain
INTELLIGENCE
I quickly solve complex problems, often with simple solutions
I use sound reasoning to arrive at highly logical conclusions especially when
faced with variable or incomplete data scenarios
I always considers the pros and cons while evaluating a problem, from
multiple perspectives, and I understand the impact of my decisions across
different organizations within the enterprise
I routinely generate innovative ideas or new ways of doing things that
improve the business
I make sound decisions that result in positive outcomes for the organization
24. RESULTS DRIVEN MINDSET
I set very challenging performance goals and routinely deliver results which
exceed those goals
I persevere to always achieve goals and produce exceptional results; using
highly developed influence skills to ensure that no obstacle deters me from
reaching my goals
I always exceed customer service expectations
I seek out leadership roles on initiatives, assigned responsibilities, and
important projects
I actively engage in new assignments and I view them as valuable
opportunities
I always demonstrate a desire to succeed in all endeavors
MANAGERIAL EFFECTIVENESS
I embraces and advocate the culture
o I have uncompromising quality standards and I remove obstacles,
ethically and honorably, in order to reach those standards
o I seek new experiences; I quickly adapt to changes in priorities or
approaches; I play to win!
o I sets high goals; relentlessly striving to achieve great results
I own key messages and I hold people accountable
o I set and articulate high expectations
o I visibly demonstrate personal ownership of decisions, actions, and
consequences
o I actively manage employee performance, releasing underperformers
when necessary
I consistently improve the talent for the company
o I continuously seek, select, develop, and deliver top talent for my
team and my internal customers
o My subordinates regularly follow my example
25. o I coach employees by providing exceptionally sound feedback at the
appropriate time, improving performance problems and facilitating
development
I have a reputation as a leader for whom to work
o I routinely recognize and reward individual and team
accomplishments
o I establish and maintain uncompromising trust and credibility with
my team, other employees and my business partners
o I create a work environment that attracts and retains employees who
perform
