Destination Paradise Hawaii Harrassment, Descrimination, Deceptive Trade Practices (in my opinion only) Honolulu Hawaii

February 25, 2009

Hawaii Civil Rights Commission
Hawaii Labor Board
Hawaii Tourism Board
EEOC
Taxation Department/IRS

Dear Sirs/Madams:

RE: Destination Paradise Hawaii

I am writing to inform The Boards and Commissions about the work/nepotism discrimination and "Deceptive Trade Practices" I encountered while working for Destination Paradise Hawaii (DPH) from approximately August or September 2008 until December 23, 2008. I repeatedly asked for a Contract or something in writing but was never even asked to fill out an Application or show them something (a Passport, Social Security Card, State Tax I.D. Number, etc.) to evidence I was legal to work in the United States. Their phone number is not in the Phone Book or on the Internet (and there is a reason for that; what honest, reputable Company would not list their information publicly?). Also, I have attached copies of all of my check stubs and I cannot get them to match up to my 1099. We were also given cash "spiffs" as bonuses for things like: two or three sales in one day, sales totaling over a certain amount, etc. but I wonder if this money is on the 1099 and is being reported to the Government????? Also, DPH deducted 5% each pay period to build each person's account up to a $1,500 reserve account. If a person defaulted on their loan (even if it was six+ months later) the amount they owed came out of our pay check. This does not not seem right since we only have a three day right of rescission.

First, I would like to give The Board a history of my work background (I have attached a Resume as well). I began working in the Mortgage Banking Industry in 1981 while still in College. I began Contracting/Consulting in 1986 and did so until about two years ago when the "Sub Prime" Market finally collapsed. I have been employed in every aspect of Mortgage Banking including four years on Wall Street with Merrill Lynch. I came to Honolulu to Underwrite for Washington Mutual in 2002, fell in love with the People, their Culture, the History and the Food, bought a Condominium and never left (except to travel to the Mainland for work). I consider myself a Professional in every sense of the word. I have dealt with Bank and Mortgage Company CEO's and Applicant's from First Time Home Buyers to Politicians, Actors/Actresses', Musicians, Executives of Major Corporations, etc. I was one of six people selected to audit five of the six Ritzie Mae Securitizations for the Resolution Trust Corporation during the Savings and Loan "Scandal" that began in the late 1980's.

Eventually, there was no work in Mortgage Banking and a friend told me about Destination Paradise Hawaii. I interviewed with Mike Balicki, Manager for Honolulu, in early April but had to go to the Mainland for a funeral (it is hard to give you exact job titles for the "Management" at The Company since we were discouraged to give potential Clients the "Management's" Titles or Business Cards). We were told if anyone asks for a Business Card to ignore them and they will forget about it. We also could not give out The Company's phone number, any literature or brochures on The Company and were also discouraged for EVER showing them our live web site; there is also a reason for this and I believe it was because they did not want the People to know the truth or have any information that would get them in trouble. The web site says, "call for pricing and availability" but their outdated Power Point used for the Presentation and the Speaker says, "right now, alone, we have over 1,500 Condo's available in Waikiki from $199 to $399 on the Beach, four or five Star rating for the week". THEY DO NOT! (possible deceptive trade practices?)...

Now, this is what I know about DPH. It is very little since they did not like questions. We were kept "in the dark" about many things, i.e. Titles, their History or Backgrounds, Owners, etc. There was quite a bit of nepotism as well. The Owner (Chuck ? - I've met him once), lives in Seattle and his daughter Cole, works in the back Office where all the record keeping is done for the Sales. It is not a Time Share Company but it is operated much like a Time Share. The majority of the people I worked with had a Time Share Background.They buy unused weeks of Time Share from RCI, Sheraton, Hilton, Wyndham, Marriott, etc. and sell a Vacation Software Program for $7,995 (and guaranteed financing @ 17.9%). In addition, there is a $189/year renewal fee and, if you want to purchase a week from what is available in their Inventory, you must pay an additional fee of what is stated on their Web site.

You cannot get into the Web site unless you have a User ID and Password and when this is presented during their "Presentation", it is not a live Website but a Power Point and the dates go all the way back to March 2008 (which is when, I believe, the Showroom was originally opened but Clients are told they began their Business in 1989). The potential clients are obtained by Outside Sales People that are either on the street or in a kiosk in and around Waikiki. They are told the Presentation is no more than an hour and a half to two hours.

My job was a "Liner". This is the person who goes out to the Lobby, meets the potential client(s), warms up to them, asks them to turn off their cell phones (very important because if their cell phone goes off after they enter the "Showroom", the "Liner" gets in so much trouble the next morning in our 7:30 a.m. MANDATORY meeting). And, don't be one second late because if you are, you are degraded and embarrassed in front of the entire room and then go to the bottom of the list (which means you may be there from 7:30 a.m. until 1:30 p.m. and not even get a chance to make money).

If there is even one doubt that they have not turned off their cell phone, we are to physically obtain the phone from the person to assure it is off. I would NEVER dream of touching someone's personal property. We then tell them if they have to use the Ladie's or Men's room, this is their last chance. If a person does get up during the Presentation, they are embarrassed and we get in trouble. The Speaker literally STOPS the Presentation and says, "hey, where are you going?" then says something like, "hurry back" or "don't forget to wash your hands". There was one incident where a man had to go to the bathroom but the Liner told him to wait until after the Presentation and he literally went to the bathroom (#2) in the chair!

We can only give two people one bottle of water and two small cups so that they won't have to go to the bathroom. We then take them inside the Showroom and talk to them for about twenty to thirty minutes. We try to get them to make a "Vacation Commitment". There are six steps we must perform before the Presentation begins, then fifty-five minutes to an hour plus by the Speaker, then back to us for three more steps and try to get them to purchase the Vacation Software Program. A "Closer" then comes over and puts the pressure on them to buy, buy, buy. If they are not interested, another "Closer" eventually comes over and asks questions as to why they are not interested and "What can we do to earn your Business?".

If they are still not interested, we have to "hold" those people at the table (I have had to hold people for up to forty minutes!) until a Manager waives to me from the back and tells me I can let them go. It's horrible because the potential client wants to leave and I have to the potential client talking so the client does not get upset (It really doesn't matter because Management will get upset if they even get up to go to the Bathroom!). If they do leave the table, we have to follow them - be it to the Bathroom, to have a Cigarette, etc. There was one incident where Anne Rassmussen was doing the Presentation and I had a single lady but at the last minute she had to go to the bathroom. I waited for her in the Lobby and Anne came out and told me to go get her from the bathroom. I told her I would never do such a thing and she said, "well then I'll do it myself" and she did.

Seyi and Nike Famadou (Brother and Sister) are from Nigeria (possible red flag) via Minneapolis. Nike gets preferential treatment because Seyi, her brother, is a Manager. Nike is a "tattle tale" and a "whistle blower" and I can personally call her a liar. She does not want anyone to have greater sales/commissions than herself and she will do whatever is necessary to achieve that goal. The second month I was there, I was rated #2 in sales, behind Nike. Hear-say is that Mike Balicki is back on heroin. He had a bad problem in latter years but had supposedly "cleaned himself up". Again, this is hear-say, but I was told by one of the workers that he saw needle marks on his arms and he is wearing long sleeve shirts again.

The majority of the "Managers" are ethnic and when upper Management was not there, they would play their "Rap Music" on the intercom instead of the beautiful Hawaiian Music we had piped in. At one point, one of the Managers was sitting in the back of the Showroom playing on his laptop, listening to Rap Music and the "F" word was in the music. I was appalled because we had a Presentation going on and if I could hear it, other people could hear it!

At one time, two of the Black workers were going to get into a fist fight in the Break Room and Security had to be called!

I believe I was targeted because I knew too much but I could sell. Strange things were said and done to me that did not (that I know of) do to other workers. Once, Mike came in the small conference room (where we have our MANDATORY 7:30 a.m. meetings) and I was on the computer and eating some leftovers. He said, "you know we have a kitchen, don't you?". I said, "yes, do you want me to eat in there?" and he said, "you are not allowed to eat in this room". EVERYONE eats in that room. Especially Breakfast during our morning meetings. Then there were days we did not get a break or lunch (not even to go to the Bathroom) because we were so busy and they needed us for the Showroom. I also got in trouble for walking Clients that did not purchase across the street to the Waikiki Business Plaza to collect their gift.

I felt bad and several times they said, "so you're just going to kick us to the curb?". There are many workers that walk their Clients across the street. Why was I singled out? Also, I was accused of trying to conduct a sideline business while "on the clock" at DPH. I'm not sure exactly what they were talking about. If they watch the news or read a newspaper, they would certainly know THERE IS NO MORTGAGE BANKING going on at this time and NO, I was not doing that. We had so many "tattle tale Managers"; it could have come from anyone. Then there was the time when I got suspended for two days for saying something I did not say. I was not even given a chance to defend myself. Then I found out that Derrick Chang (the one that gave Mike Balicki the erroneous information) is Mike's best friend.

Then there's Harold Lewis (aka Sonny) that owns the Activity Store. He has twenty-four (24) CRIMINAL COUNTS AGAINST HIM!!!!!!!!!! That does not include Civil Charges. He came up to me one morning and pointed his finger right in my face and said, "tell your friend Peter not to call up here anymore". Peter is Sonny's right hand man. He drives Sonny's Mercedes and the Company Van with Clients back to their Hotels (he does not have a License and drinks heavily), runs errands, takes out Sonny's ex-girlfriend, among other things... He is paid in cash daily and a bigger amount on Fridays. Is this being reported to the IRS?

Now I can get to the discrimination parts. Nike was always selected over me to go out and make a potential sale because she did not like me and she is Seyi's (Manager) sister. Nike, for the most part, got preferential treatment because she was Seyi's Sister. She is always on vacation and before I started there was a rule that you could not come in on your day off because it cut into other "workers who were scheduled to work thus deminimizing (on our scheduled shift) our chances of making money. The second pay period I was there, I went to #2 in sales and Nike was ALWAYS #1.

I was a threat to her. The last straw came on December 22nd and December 23rd. On December 22nd I only got to go out one time but Nike, who did not even make a sale the previous day, went out on all three Presentations. I had a delightful retired couple from North Carolina. We talked, they have a timeshare at Ko'olina, a boat they take down to Florida, three children that are successful and happy. When the Presentation was over, they were given the "hard pitch". When they were told they could get a room at Ko'olina for $199 for the week! I just looked at them and they were clearly understanding what was going on. Then they were told to purchase our Program and trade their Marriott points in for Airline miles.

When I finally got to walk them out, he said, "I don't do this very often" and handed me his Business Card. I said, "Oh no, I cannot take it, I will get in trouble" and handed it back to him. Then, for some strange reason, I decided to accept it. Bob Avent (letter attached) said to just tell them it was a Restaurant they were asking about. Then, the next morning, December 23rd, I was called in before our 7:30 a.m. meeting by Mike Balicki. I was thinking, Oh, what now? And he said, "Jana, I heard from several different people that you fell asleep during both Presentations yesterday". I looked at him and calmly said, "Gee, that's funny Mike because I only had one Presentation and no, I did not fall asleep".

He kept picking and picking at me and I finally said, "you know what Mike, just save it" and I walked out. I was so glad I kept Bob and Cynthia Avent's card. I called and emailed them and briefly explained what happened. He said I never fell asleep (I knew I didn't but they had accused me so many times, I was beginning to doubt myself!). He said he would do anything legally to help me. Please see their letter (attached separately).

There was not one day when I did not cry, either walking out of the Showroom so no one could see me, on my way home or when I got home. I felt like I was constantly walking on "eggshells" because of the way the "Managers" talked to or treated me. The mental stress and anguish was intolerable. It seemed the harder I tried, the worse it got. The day after I walked out, my Friends said they could see a change in me for the better; I was back to my old self, happy and relieved.

I have also attached a few letters written by unhappy Purchasers and it appears the Better Business Bureau has dropped them from their rating system.

In my opinion, there is something else going on there besides DPH and selling Vacation Software Packages.

The following are the people that should be looked at very closely:

Seyi Famadou
Nike Famadou
Mike Balicki
Harold Lewis (aka Sonny)
Ann Rassmussen (sp?)
Derick Chang
Ted Thornton
Joe Adams
John Tsunami (sp?)

I do not want people to come to Hawaii and leave with a bad feeling. I live in Waikiki and love it. Please protect our Visitors and the people that still work there (many are so unhappy but I did make some good friends).

Please help me and our reputation to our Tourists. I am seeking advice and a legal opinion for an action to be taken.

Sincerely,

Jana ****
Honolulu, HI 96815
(((phone numbers redacted)))

p.s. If this email is not received by the correct Department, please forward it to the appropriate Department, Mahalo.

p.s.s. Attachments are available upon request

Jana
Honolulu, Hawaii
U.S.A.

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