• Report: #861009

Complaint Review: Oshkosh Corporation

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  • Submitted: Thu, March 29, 2012
  • Updated: Tue, October 09, 2012

  • Reported By: mark — white bear township Minnesota United States of America
Oshkosh Corporation
34 East Highway 14 Internet United States of America

Oshkosh Corporation Kerry Harmony-Ney, McNeilus Truck and Manufacturing, Inc. Breached contract and put our company out of business. Internet

*Author of original report: OSHKOSH CORPORATION AND MR CORTINA REACH OUT TO ALLIED DRIVEAWWAY SERVICE

*Author of original report: OSHKOSH CORPORATION UPDATED INFORMATION, LEE DREAS SHELLY DREW

*Author of original report: DAILY LETTER TO CHARLES SZEWS PRESIDENT OF OSHKOSH CORPORATION

*Author of original report: Oshkosh Corporation Kerry Harmon-Ney McNeilus Truck and Manufacturing, Inc. Breached contract and put our company out of business CONTINUED

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Allied Driveaway Service was contracted with Oshkosh Corporation to transport new trucks to customers. The company started doing business with Oshkosh Corporation in 2001. Over the years the relationship grew and Allied became the preferred transpoter for these new trucks. Allied grew the business with Oshkosh and Oshkosh became its largest customer.

Allied Driveaway Service had sales in excess of $5 million dollars in 2008. The relationship changed when Kerry Harmony -Ney was hired in the logistics department of Oshkosh Corporation. Up until this point all contractual and operational issues were handled by Mike Freerksen. Mike was happy with the work that Allied Driveaway Service performed. In fact Mike encouraged the company and its owner to continue to grow and prosper with Oshkosh.

Unfortunately Kerry Harmony -Ney had other plans. She dismantled the driveaway department and got rid of all of the diveaway companies that had been doing business with Oshkosh the past ten years. She had her own adgenda without any consideration for the relationships that had been built. In fact she reduced Mike Freerksen from the manager in charge of the driveaway department and had been doing it for over 30 years, to a clerk with minimal decision making. Mike and I met on several occations in secret to discuss the problem. We both came to the conclussion that it was going to be difficult to stop her. She became disinterested in working with companies in a team atmosphere. She became the judge and jury.

Our company went out of business in March of 2010. This after almost ten years of successfully delivering over 10,000 trucks. We were told that our services were no longer going to be used. We were in the middle of a contract that was broken. The contract did not afford our company any rights and Oshkosh Corporation new that.

Kerry Harmony-Ney recruited one of our dispatchers away to work for a competitor while still under our employ.

Other companies that Kerry Harmony-Ney was instrumental in getting rid of were Interstate Truckers, BranRich and Driveaway USA.

I lost everything when she decided to convince the powers that be to get rid of us as well.

I lost everything that I had worked for and was committed to Oshkosh for the long term. Business relationship

This report was posted on Ripoff Report on 03/29/2012 12:13 PM and is a permanent record located here: http://www.ripoffreport.com/r/Oshkosh-Corporation/internet/Oshkosh-Corporation-Kerry-Harmony-Ney-McNeilus-Truck-and-Manufacturing-Inc-Breached-con-861009. 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.

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#1 Author of original report

OSHKOSH CORPORATION AND MR CORTINA REACH OUT TO ALLIED DRIVEAWWAY SERVICE

AUTHOR: mark - (United States of America)

I received a letter dated October 2, 2012, from Mr. Ignacio Cortina, Vice President and Deputy General Counsel for Oshkosh Corporation. I contacted Mr. Cortina and we spoke for nearly an hour on the telephone. I recorded the conversation to make sure that there was nothing misunderstood or misinterpreted about our conversation. We discussed the history of Allied Driveaway Service and the circumstances that led up to the situation that I have been blogging about these many months.

He also said that the correspondences that I have been sending to the CEO of Oshkosh Corporation, Mr. Charles Schwez had been forwarded to him. Once again the discussion boiled down to how Allied was hurt by the situation and I again told him that the action that was taken put our company out of business. He insisted that Oshkosh had no contractual obligation to continue to do business with our company.

I told him that the relationship and verbal communication from Oshkosh Corporation to Allied Driveaway Service had given us enough of a verbal contract to invest thousands of dollars into our operation to service Oshkosh long in to the future. This did not seem to resonate with him and he continued to ask me where we suffered the loss that we are claiming damages for. I told him that the relationship was built on mutual trust that went beyond the written contract. It was based on conversations, e-mail correspondences and general working relationships that gave me the confidence that the relationship would last long into the future.

Here is a copy of the e-mail that I sent back to Mr. Cortina today. What this company did to me and our company is not right....... 

Mr. Cortina,

I appreciate the time you spent today talking to me. However it still does not compensate me for my loss. I understand from a contractual standpoint Oshkosh had no obligation to continue doing business with our company. From a moral standpoint and character,  Oshkosh does have responsibility. When Oshkosh decided to stop doing business with my company, they put over forty people out of work. The entire basis for our relationship was based on mutual trust. Being honest and doing the right thing I believe is part of the Oshkosh culture. The policies and guidelines set forth talk about such things.
 
 Oshkosh Corporation takes nothing for granted. Like the vehicles we produce, we hold our organization to the highest standards of performance. That includes the comprehensive policies and procedures that govern the people of this company and how we choose to conduct business. Oshkosh Corporation's values are clearly understood and internalized by all employees. Our five compass points of honesty, integrity, accountability, respect and citizenship have remained as the foundation of our business. They are the basis for The Oshkosh Way, our code of ethics, and for our Corporate Governance Guidelines.

Honesty We are always true to others. We are truthful in all our endeavors. We are honest and forthright with everyone. We say what we mean, and do what we say.

Integrity We are true to ourselves, our own moral principles, and our corporate values. We do the right thing even when nobody is watching. We make genuine promises, and our actions to fulfill them are honorable. We stand for what is right.

Accountability We honor our obligations and keep the commitments we make. We speak up and report concerns in the workplace without fear of retribution. We seek clarification and guidance whenever we have questions. We dont seek to blame, but seek the truth to be able to improve all that we do.

Respect We treat others with dignity and fairness. We are polite and courteous to one another under all circumstances. We appreciate the diversity of our workforce and our world. We celebrate the uniqueness of each person.

Citizenship We obey the letter and spirit of all laws of all the countries where we do business. We do our part to make our communities, and our world, better places to live. We respect our environment.
 
I would challenge you to look at these guidelines and ask yourself, did the people at Oshkosh follow them in there working with Allied Driveaway Service. I would say no they did not.
 
Doing the right thing would be to compensate me for my loss. It was substantial. Maybe not $7 million, but it was significant the investment in time and money that I and my employees put into this enterprise.
 
As far as discontinuing the correspondences, and using the media to continue to tell my story, I will not stop. Oshkosh Corporation and its employees did wrong by our company.
 
This and all of the correspondences that I have received all go onto the blog site ripoffreport.com. Here is the link. http://www.ripoffreport.com/abusive-children/oshkosh-corporation/oshkosh-corporation-kerry-harm-a4611.htm  


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#2 Author of original report

OSHKOSH CORPORATION UPDATED INFORMATION, LEE DREAS SHELLY DREW

AUTHOR: marksell - (United States of America)

I recently had a telephone call from one of our competitors that Oshkosh also stopped doing business with a couple of years ago. We caught up on what each other was doing these days since our separation from Oshkosh as a driveaway contractor. We then compared notes further about our dealings with Oshkosh in the past. Interesting themes began to emerge.

Oshkosh took a stance with companies like ours doing business with them. Lee Dreas became the director of Logistics during this period, taking over for Ron Pettee. Lee also surrounded him with yes men and women that did what ever it took to further the Oshkosh agenda.

Marty Smith was hired away from Oshkosh clothing and began his journey with Oshkosh Corporation. He became Lee Dreas' yes man in every way. In dealing with the driveaway companies, it became clear that long term relationships had little meaning in the "new" Oshkosh. Companies that had been doing business with companies that Oshkosh had recently purchased, McNeilus, Pierce, Medtec, and Jerdan were soon cast aside.

In talking with this long time competitor, I asked him how he had come across the report that I had filed. He told me that he had googled Oshkosh and the report came up on the first page.

He has moved on to another profession and looks at the Oshkosh experience as one example of what has gone wrong with business in America. Relationships and hard work mean nothing any longer. Climbing the corporate ladder at any cost is the new normal. Lee Dreas, Kerry Harmon-Ney, and others had no problem in getting rid of carriers that were not moving forward there agenda.

I will continue to blog about this situation until I get some answers. I am not losing any sleep over this, but I am sure it has made individuals at Oshkosh very uncomfortable.

COME ON MR. SZEWS, GIVE ME A CALL.
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#3 Author of original report

DAILY LETTER TO CHARLES SZEWS PRESIDENT OF OSHKOSH CORPORATION

AUTHOR: marksell - (United States of America)

I have been sending a letter to Mr. Szews every day for the past two months. Below is a copy of that letter. I will continue to send this letter until I have a meeting with him.

Mr. Charles L. Szews
President and Chief Executive Officer
Oshkosh Corporation
2307 Oregon St.
Oshkosh, WI 54902

Oshkosh Corporation
P.O. Box 2566
Oshkosh, WI 54903-2566
920-235-9150
 
Dear Mr. Szews,
 
I am writing you in hopes of getting a response from you to set up a meeting to discuss the details of our companies relationship with Oshkosh Corporation. I will be mailing you a copy of this letter everyday until I get a response from you.
 
We all have hopes of being successful, whether it is in the workplace, at home or in some other aspect of our lives. I am sure that you have high goals for yourself and Oshkosh Corporation.
 
I started Allied Driveaway Service with one goal in mind. That goal was to be the best driveaway service provider to the customers that needed our services. The company started in the year 2000.
 
Allied Driveaway Service was contracted with Oshkosh Corporation to transport new trucks to customers. The company started doing business with Oshkosh Corporation in 2001. Over the years the relationship grew and Allied became the preferred transpoter for these new trucks. Allied grew the business with Oshkosh and Oshkosh became its largest customer.

Allied Driveaway Service had sales in excess of $5 million dollars in 2008. All contractual and operational issues were handled by Mike Freerksen for the first several years. He was the manager in charge of driveaway and trucking logistics at McNeilus Truck and Manufacturing. Mike was happy with the work that Allied Driveaway Service performed. In fact Mike encouraged the company and its owner to continue to grow and prosper with Oshkosh.

When Kerry Harmony Ney was hired things stated to change and she had other plans. She dismantled the driveaway department and got rid of all of the diveaway companies that had been doing business with Oshkosh the past ten years. She seem to have her own adgenda without any consideration for the relationships that had been built. In fact she reduced Mike Freerksen from the manager in charge of the driveaway department and had been doing it for over 30 years, to a clerk with minimal decision making. Mike and I met on several occations in secret to discuss the problem. We both came to the conclussion that it was going to be difficult to stop her. She became disinterested in working with companies in a team atmosphere. Kerry made several very threatening remarks over time that made me scared to say anything for fear of losing our largest customer.

Our company went out of business in March of 2010. This after almost ten years of successfully delivering over 10,000 trucks. We were told that our services were no longer going to be used. We were in the middle of a contract that was broken. The contract did not afford our company any rights and Oshkosh Corporation new that.

Kerry Harmony-Ney recruited one of our dispatchers away to work for a competitor while still under our employ by giving a driveaway company his name and company mobile telephone number. Our dispatcher douglas Welsh went to work for the driveaway carrier immediately upon our company being dismissed.

Other companies that Kerry Harmony-Ney was instrumental in getting rid of were Interstate Truckers, BranRich and Driveaway USA.

I lost everything when she decided to convince the powers that be to get rid of us as well. She had Lee Dreas convinced that this was best for Oshkosh.

I lost everything that I had worked for and was committed to Oshkosh for the long term. Business relationship

The fact remains that decisions and actions started and carried thru by Kerry Harmon-Ney put my company out of business. At the time of Oshkosh Corporation's decision to breach the contract with our company we had sales of $3.7 million annualized, with a profit of $387,000 annualized. I am asking that Oshkosh compensate me for my loss. I have calculated the loss to me personally to be over $7 million dollars.
Mr.   Szews, all that I am asking is for you to look at the situation, talk to me and then render a decision weather I was harmed or not. I am trying to put my life back together and am finding it difficult to move on without bringing this to conclussion.
I look forward to hearing from you.
 
 
Mark Sell
5310 Pleasant Court East
White Bear Township, MN 55110
651-485-5336marksell@msn.com

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#4 Author of original report

Oshkosh Corporation Kerry Harmon-Ney McNeilus Truck and Manufacturing, Inc. Breached contract and put our company out of business CONTINUED

AUTHOR: marksell - (United States of America)

Since the first report there have been some interesting events that have
taken place. I received a letter from Robert C. Johnson, Associate
General Counsel- Labor & Employment, Oshkosh Corporation. Below is a
copy of that letter. I have tried to contact Mr. Johnson both via telephone and written letter, see copy of letter and transcript of voice mail below.

The fact remains that decisions and actions started and carried thru by Kerry Harmon-Ney put my company out of business. At the time of Oshkosh Corporation's decision to breach the contract with our company we had sales of $3.7 million annualized, with a profit of $387,000 annualized. I am demanding that Oshkosh compensate me for my loss. If Oshkosh agrees to compensate me in the sum of $7.3 million, I will cooperate with Oshkosh fully to bring this to a quick conclusion.

If however, no settlement is reached in this matter in the next 30 days, I will continue to campaign and tell the truth about how I and my company were treated. I will use all means at my disposal to tell my story.




April 10, 2012



VIA REGULAR MAIL AND

CERTIFIED MAIL, RETURN RECEIPT REQUESTED



Mark XXXXX


xxxx xxxxxxxx xxxxx xxxx

xxxxx xxxx xxxxxxxx XX xxxxx


Re:
CEASE AND DESIST



Dear Mr. XXXX:



You are to CEASE AND DESIST any publication of defamatory,
libelous, and sladerous representations regarding Oshkosh Corporation
(Oshkosh), McNeilus Truck and Manufacturing Inc (MTM)., and MTM
managerial employee Kerry Harmon-Ney.


On or around March 29, 2012, it appears that you may have posted information on a public
website called "Ripoff Report", under the category termed "Abusive
children" regarding the three parties named above. The post states that
the author is "mark" (sic) "white bear township Minnesota" (sic). The
content of the posting suggests that you are the author.

 
The claims regarding Oshkosh, MTM and Ms. Harmon-Ney contained in the
posting appear to be intentional misrepresentations made with
deliberate disregard of probable harm to Oshkosh, MTM, and/or Ms.
Harmon-Ney in her capacity as managerial employee of MTM. Further, the
claims will or have harmed Oshkosh, MTM, and/or Ms Harmon-Ney, and have
prejudiced Oshkosh and MTM in the conduct of their business and deterred
others from dealing with them.


Immediately CEASE AND DESIST from engaging in any libelous, slanderous or defamatory conduct,
including without limitation conduct simular to that described above. Oshkosh and
/or MTM reserve the right to seek injunctive relief and damages,
including relief and damages for Ms. Harmon-Ney in her capacity as
managerial employee of MTM.

Be advised that, in the event Oshkosh
and/or MTM elects to see relief and damages in court, you will not
receive any additional communication prior to the commencement of such
action.

OSHKOSH CORPORATION

Robert C. Johnson
Associate General Counsel- Labor & Employment




On April 22, 2012 I responded back to Mr. Johnsons' letter after
attempting to call him on two occasions. Here is the response to that
letter.

April 22, 2012

VIA REGULAR MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Robert C. Johnson
Oshkosh Corporation
2307 Oregon Street
Post Office Box 2566
Oshkosh, Wisconsin 54903-2566

Re: LETTER DATED APRIL 10, 2012

Dear Mr. Johnson,


I am in receipt of your letter dated April 10, 2012. I have also reviewed
the document that you have referred to on the website "Ripoff Report. I
have tried on two occasions to call your office and have left you a
voice mail. As of this writing I have not had a return telephone call.


The letter indicates that the information posted to this public website is
defamatory, libelous slanderous and intentional misrepresents Oshkosh,
MTM, and Ms. Harmony- Ney. After reviewing the posted information it
appears to be factual in representation of events that took place.
Please call me at your earliest convenience to discuss further.
 
Mark XXXX

xxxx xxxxxxxx xxxx xxxx

xxxxx xxxx xxxxxxxx XX xxxxx

xxx-xxx-xxxx
On May 1, 2012 I attempted again to call Mr. Johnson and again got his voice mail. the message I left was as follows, transcribed.

Yes, Bob this is Mark XXXX, I have tried to communicate with you via
telephone call, and letter on several occasions here and without any
response I am sure at this point in time you are wondering what it is
exactly that I want from Oshkosh and I will make it brief Oshkosh
corporation has taken my company and put it out of business and I do not
think that that is fair and I think that I should be compensated for
that.  Now if Oshkosh would like me to stop telling the truth about what
went on here two years ago and in the previous three years with Kerry
Harmon I would like to talk to you about it and to get me to not tell
the truth anymore and go away I want to be compensated handsomely for
the work that I did do for Oshkosh and the fact that Oshkosh put me out
of business. If you are not interested in doing that and the company is
not interested in doing that I will continue to publish documentation
both written and recorded that proves that Oshkosh and Kerry Harmon
wanted to put our company out of business and not do business with us
anymore. Mike Freerksen has total knowledge of the situation and I am
not at any time willing to compromise the truth. Your letter cease and
desist I will ignore that and continue  so if bob if you want to call me
that would be great, if I do not hear from you I will continue to let
the court of public opinion decide whether you were right.
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