• Report: #1075432

Complaint Review: Loews Hotels and Resorts, Paul Leclerc, Jerry Meade, Michael Aschen

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  • Submitted: Tue, August 13, 2013
  • Updated: Tue, August 13, 2013

  • Reported By: Al — California
Loews Hotels and Resorts, Paul Leclerc, Jerry Meade, Michael Aschen
Ocean Avenue Santa Monica, California USA

Loews Hotels and Resorts, Paul Leclerc, Jerry Meade, Michael Aschen Loews Hotels and Resorts Hire Fraudulent, Malicious and Drugged-up Employees Santa Monica California

*Author of original report: James S. Tisch

*Author of original report: Shame on Loews Hotel

*General Comment: First....

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I recently went to Loews Hotels and Resorts in Santa Monica to make a complaint against a hotel front desk agent, Jared Giambrone, for employment fraud and drug use. Despite the importance of the matter, he hotel manager, Paul Leclerc refused to see me and delegated the matter to a low level assistant.

Because the hotel serves a huge number of customers and because of the public interest, I also created a webpage dedicated to exposing this criminal activity at www.loewshotel.co.

 As it turned out, instead of investigation of the criminal activities of the employee, the hotel unleashed its pack of hound dogs, Security Director Jerry Meade, and attorney Michael Aschen threatening me with lawsuits and penalties for exercising my first amendment rights in publishing the webpage.

When I refused to give in to this fraudulent hotel’s menacing threats, they hacked into my web publishing account and deleted the entire account causing more than 140 of my accounts to be down for more than two days. When faced with criminal federal charges, Giambrone confessed to the hacking.

Despite providing more than ample evidence as to my claims, not only the hotel has continued to employ this fraudulent employee, but has instead focused on targeting me for making the complaint by leveling menacing threats.

It appears that the hotel has a very lax and subpar standard for employment as the positions at the hotel for the most part involve unskilled labor that demands grueling work shifts and standards. As these positions are apparently hard to fill, it appears to me that the hotel deliberately turns a blind eye to drug use and fraud in employment applications.

By hotels’ own admission, the hotel does not have any control over their employees drug use once they are hired. The hotel employment practices rely on pre-employment screenings by substandard clinics which perform drug test that can be easily defeated by the use of synthetic urine. It also appears that anyone can make any false statements in their employment applications with impunity.

Not only the actions of this hotel chain is deplorable, but it means that the hotel guest are at the mercy of a bunch of drugged-hp employees with no oversight or accountability.

 I have filed criminal complaints with FBI and health complaints with Office of Safety and Health Administration.


This report was posted on Ripoff Report on 08/13/2013 10:24 AM and is a permanent record located here: http://www.ripoffreport.com/r/Loews-Hotels-and-Resorts-Paul-Leclerc-Jerry-Meade-Michael-Aschen/Santa-Monica-California-90401/Loews-Hotels-and-Resorts-Paul-Leclerc-Jerry-Meade-Michael-Aschen-Loews-Hotels-and-Reso-1075432. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
2Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

James S. Tisch

AUTHOR: Al - ()

James S. Tisch is the President and Chief Executive Officer of Loews Hotels and Resorts. The people whom this president has chosen to run his family business, are incompetent, malicious, vindictive and extremely dangerous.

Since my complaint to Loews regarding their employee , I have been harassed by a slew of  Loews Hotel Henchmen: Jerry Meade, the company security director; Glen P. Zarin, in-house counsel; and Michael Aschen, an outside legal counsel.

As they have stated in their rebuttal at the bottom of this page, I am just one person and they are a very big corporation.

Instead of replying to my complaint, the company employees have made all kinds of threats against me, from physical to lawsuits. I have heard from everyone except the employee’s manager, Paul Leclerc whom I initially tried to see regarding my complaint.

Thank god for this site which is specifically tailor made to combat this type of corporation and its malicious representatives. This site is the only reprise for people like me who want to take on this type of corrupt and malicious mafia-style corporation.

Instead of resolving the issue in a professional and civil manner, we have been forced on this site and as such I will post my legal response to these attack dogs on this site for all their prospective customers, affiliates and vendors to see.

In response to my demand that Loews does a drug test on its employee, they contend that after an employee has been hired they have no mechanism to test an employee for drugs. Instead of doing the test, they are ordering me to either prove that the employee, Jared Giambrone, uses illegal substance or that they would sue me for defamation.

Either Loews reps are incompetent and do not know the California employment laws, being based in New York, and as the result they have been negligent in responding to my complaint, or it does know the statutes but would rather keep the law breaking employee to have an excuse to pursue and hound me for exposing this company.

Either way, the actions of this malicious company amounts to nothing more SLAPP (Strategic Litigation Against Public Participation) which is typical of this type of corporation. As they have clearly demonstrated at the bottom of this page in their rebuttal, they are definitely out to frighten and intimidate me. While I have not heard a peep about the status of my complaint 8 days after the fact, there has not been a shortage of threats from these attack dogs.

First and foremost, this employee is still on probation. Federal and California laws allow random drug testing of probationary employees. See: Piroglu v. Coleman (D.C. Cir. 1994) 25 F.3d 1098, 1103-1104 [306 App.D.C. 392] [upholding random drug tests for trainees during probationary period].

Even if the employee was not on probation, California laws allow drug testing based on “A report from a reliable source that an employee is using drugs.”

California Supreme Court ruling and California Civil Code section 56.20, allow termination of an employee who does not consent to a drug test. See: Loder v. City of Glendale (1997)
14 Cal. 4th 846 [59 Cal. Rptr. 2d 696, 927 P.2d 1200].

 Loews makes further makes the erroneous claim that it cannot just fire an employee. Again, the employee is on probation and that is exactly the purpose of the probationary period. Even if he were not on probation, California law allows termination of any at-will employment with or without cause. See: Guz v. Bechtel National, Inc., 24 Cal. 4th 317, 8 P.3d 1089, 100 Cal. Rptr. 2d 352 (2000).[An employer may terminate its employees at will, for any or no reason ... the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment ... The mere existence of an employment relationship affords no expectation, protectable by law, that employment will continue, or will end only on certain conditions, unless the parties have actually adopted such terms.]

Loews contention that it cannot test its employees for drugs only goes to prove that it is not A DRUG FREE WORKPLACE or else it could have tested its employees for drugs just based on suspicion and drop of a hat.

Furthermore, drug use has not been the only issue regarding this employee as he has also falsified his application under penalty of perjury which should be grounds for immediate termination yet this ridiculous company with its incompetent and malicious reps are keeping him and going after me claiming that there is nothing wrong with this guy.

It is either Loews did not recheck this crook’s application, I had provided them the contact information of the people he had worked for and had fired him, or it has but is just ignoring the facts and is more interested in persecuting me.

In either way, instead of responding to a simple complaint regarding an employee, we are heading to criminal and civil actions because Loews is obviously out to get me than throw out a fraudulent bum they have dragged off of the street to serve their guests.

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#2 Author of original report

Shame on Loews Hotel

AUTHOR: Al - ()

Shame and disgrace on this negligent and incompetent company. The hotel’s rebuttal is an obvious proof of harassment and retaliation by Loews Hotels and Resorts. I strongly believe that since this rebuttal is obviously filed by the hotel’s attorneys as will be discussed below, so as such I will respond addressing the hotel.

First, this rebuttal was filed literary within 10 minutes of filing of my report. This rebuttal was filed after I emailed the hotel advising you of the existence of the report. This report was not filed anonymously and the hotel was warned in advance of the posting and was given a chance to take corrective action before I filed this report but as arrogant as you are and based on the fact that you have already involved the law firm against me, my pleas were ignore and thus the report.

Second, based on the content of the rebuttal which is consistent with hotel’s intimidation and harassment tactics towards me, and based on the fact that it was posted anonymously, in a cowardly fashion, it is clear that it has been posted by Loews Hotel hound dogs who are clearly trying to intimidate me letting me know that I am facing a large corporation with deep pockets who can hire malicious  and unprofessional attorneys such as you, Michael Aschen of Abelman, Frayne & Schawb law firm who most probably authored this rebuttal. After all since your name is included in the report you have a personal stake in this.

Third, as you are aware, you and the hotel have already made the exact same threats against me in the emails that I have received from you and I have already provided you with the proof as to every single allegation I have made against the hotel employee.

Fourth, it is a disgrace for a corporation, especially the size of the corporation in question to ask third parties to provide proof of their claims as to their employees on consumer websites. SHAME ON YOU LOEWS. You are even more pitiful than I thought.

I am not going to play your game on this site and provide any proof here, but it suffices to say that if the hotel was sincere in investigating my complaint, it did not need any proof from me as to my allegations. There were two allegations made by me as to the employee: 1) the application was fabricated as to the employment history of the employee; and 2) the employee was on drugs when he took his pre-employment drug test.

Employment history can very easily be verified by requesting the employee for his tax return forms to  make sure that the names of the companies provided on the application match those of the one provided by the employee.

Anybody can list the name of a friend’s business as previous employment and when the hotel calls to verify, the friend can just lie and verify the employment. The only way a pre-employment history can be truly established is to ask for tax filings, which was clearly not the case here.

As to the second allegation of drug use, the employee was only requested to do a urine drug test. Urine tests can be very easily defeated by providing synthetic urine which is sold in the market for as little as $30. Please view http://www.quickfixurine.com/

The only way to truly test for drugs is through hair molecules which can be viewed here:

http://www.omegalabs.net/abouthairtesting/hairtestingfaq/hairtestingfaq.aspx

The drug use will show positive up to 90 days after the use and cannot be defeated.

Mr. Jamie Lemon, an assistant manager of Loews Hotels, who initially responded to my complaint was made aware of these two facts on 8/6/13, yet one week later, Loews Hotels is still dragging its feet, making excuses and instead of firing the employee who is still employed at the hotel as of this writing, the hotel is posting menacing responses on this site threatening me.

The fact that Loews Hotels is completely oblivious as to the hiring tactics is proof of incompetence and negligence. The fact that the Hotel has not taken any action against this employee is an obvious proof of culpability.

 

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#3 General Comment

First....

AUTHOR: Tyg - ()

 DO YOU HAVE PROOF!!!! You are one person, they are a giant corporation with a huge legal team, as all corporations have. Are you privvy to the medical records of the individual who you are accusing of drug use. Was he out back smoking crack or was this an "observation" on your part. You are putting yourself out there defaming a company because you have a madon with 1 employee. Dont you think you should have thought all this out a bit more before going forward?? I mean lets face it, even if this person DID do as you either have proof of or suspect, by the time they would get around to testing them, they could be clean and you end up with egg on your face.

You seem to be a bit confused about your constitutional rights. Yes you have the freedom of speech. BUT, that is a curtailed freedom. You cant yell FIRE in a crowded movie theater and not expect to pay for it. There is a lot of "speech" that you can not do. You are confusing the "right" to do something with is this "right" to do. Hate speech isnt protected. You can "say" anything you like, that is your right, but "rights" have a cost. If you are slandering or defaming online, then yes you have the right to say it, but it can cost you. Maybe not in jailtime, but definatly in civil court.

So maybe approach this from the perspective of a third party. Just put in THE FACTS. Dont banter around your personal opinions. This way if they do try and sue you all they will have as evidence is "THE FACTS" as you understood them. Thats NOT a opinion.

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