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  • Writer: RFERL Watch
    RFERL Watch
  • Apr 8, 2023
  • 8 min read

Getting fired over a "g.) paragraph" of law isn't sexy at all. Especially when you are 58 years old, when you have finished 15 years of work at Radio ГA / ГA with "very good" and "excellent" performances, and when you still feel fresh, powerful and in demand for them. It is therefore understandable that the state of satisfaction did not appear for me, unlike him.


They prepared the statement collectively and used experience from our local "pre-velvet-revolution" past. Nothing about the fact that some of the authors at that time were "looking at the world from a heaven cloud", or at best they "were dragging a wooden duck" behind them, or they didn't live here at all. After all, he was the one leading them now - the one with the only truth and with the right colour of passport!


But how to arrange delivery? When Christmas and New Year's time ran like that?!


And so they put their heads together and on January 20, 2020, I finally got it. After 54 days of waiting in uncertainty, it finally caught up with me at home, in my house arrest on "employer side obstacles", which I spent only on email and phone as strictly prescribed by their team. And they had no mercy on me. As it was written, it was also delivered. No questioning and no investigation, no right to a defence and with no testimony.


Like from the time of the Inquisition, with only one truth – the truth of the inquisitor.


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Preparations started a week before. The super-humans realised that they had spent the pre-Christmas, Christmas and New Year's time resting, and after returning from a well-deserved rest they calculated that they could miss the deadline for my termination delivery. At that time, I still didn't know and didn't believe that I could get fired.


Even so, HR. Manager #MS ("Mr.Sushi") got the first task of the implementation deadline to arrange it. After all, he had only 10 days left and the "deadline" for delivering the notice was so relentless! The task was - "either you make yourself or you are undone!"


And so on January 15, 2020, his psychological terror began. Through a series of phone calls, interspersed with emails, he tried to get me to hand over something that he said he couldn't tell me exactly, that I should just come to work. First, that he needs to talk to me. So I told him to keep talking, I'm listening. He said it could not to tell to the phone. So I offered to meet him for coffee. But he answered that it wouldn't be possible, that he can only tell me details at work. In fact, it was very comical :-) I think that he is "nothing much" in the female "packaging techniques".


And so he started with practices where he is as a "downsizing specialist" definitely better. He said I am an employee of the famous Radio ГА / ГA and that it is my "dog duty" to arrive whenever he calls me. When I reminded him of his signature specifying "obstacles on the part of the employer" which he signed with me in a weak moment on 20/12/2019 and according to which he must notify me 3 days in advance when I have to come to work, he angrily flicked the phone.


Here is part of the document in which Radio ГA / ГA informs me of "obstacles on the employer's side". The following is a section in which the telephone number and e-mail address at which I can be reached 24 hours a day is specified, and which, for obvious reasons, I do not provide.


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When #MS ("Mr.Sushi") realised that his signature was a signature, he delivered me mail with notification about "end of obstacles on the part of the employer", from which we bring its preview again.


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He clearly imagined that as soon as I showed up at work on 20/01/2020, he would give me my notice and give me another "obstacle on the part of the employer".


However, to start from the very beginning.


When I finally broke into his office on 16/12/2019 with a simple question, is it profitable for Radio ГA / ГA for me to just sit in the office and read my emails for the money I receive here, as informed me to my former supervisor #RC("Remotely controlled"), closed the door of his office behind me and started yelling at me that he had to fire me for a loss of trust. Since I did not understand "wo-tco-gou" at the first moment, I countered, let him weigh the words and explain on what basis he makes such a conclusion? That calmed him down and he explained in a calmer tone - "that I clicked". I guess I looked like a "retard" this time, but I couldn't think of anything better than to reply: "But sir #MS ("Mr.Sushi"), I'm paid for clicking! Right?" And he said that it was a "different type of click". So I asked him, what did I do so serious that I suddenly lost trust for Radio ГA / ГA after my click? His answer completely disarmed me - that he doesn't know. I stared at him in disbelief for a moment and then tried to sum it up:


“So you have to fire me for a loss of trust and you don't know on what basis? Don't be angry with me, but in your position, when according to your powers you can basically fire me "at any time", you don't even know what for? To put it mildly, it makes me uneasy!

After these words I left his office and a few hours later I was signing my first "employer side obstacles" in the presence of my American "superhero" #RC("Remotely controlled"). Although his nose was still slightly coloured in brown, he tried to appear dignified as a witness to the "superman's" signing protocol.


But let's go back to the events of January 20, 2020.


As I wrote, 54 days of insomnia began to take its toll on my iron health. Problems with my heart manifested themselves, when I used to have a heart rate over 100 even in sleep, or rather when imitating sleeping. The doctor diagnosed me with tachycardia and prescribed heart medication for the first time in my life. Added to this it was also stress and anxiety, so she also prescribed "head pills" for me. All this escalated on 15.1.2020 after the mentioned psychological pressure of HR manager and about which I informed him by internal mail. At the same time, I informed him that my state of health does not allow me to visit him as he pleases and I sent him a confirmation from the doctor.


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And because Radio ГA / ГA has always respected humanism and human rights, it classically sent "someone" else to arrange it to make dirty job. After all, they had the last 6 days left and there was a threat that there would soon be a delay in delivering the notice! In that case, everything goes sideways – the notice must be delivered on time, even if its delivery person has to climb a rope from the technical terrace to the terrace of my apartment.

Meanwhile, my health was deteriorating and on 20.1.2022 I was sent to the Psychiatric Hospital in Bohnice for examination. Here, after a routine examination, I was advised to stay in the local inpatient ward for at least a few days. Since I had to take care of two dumb faces in addition to myself at that time, I signed the reverse and left the institution where none of you, not even I, ever wanted to stay.


I knew from my lawyer, my sister, that this security incident had been reported to "protectors and helpers" (police) and so she pointed out to me that it was possible that they would also ring my doorbell to at least testify. As we still didn't know what I was accused of, I didn't know if this would be done with a finger through the bell or a battering ram through the door.


And so, shortly after I took my next dose of the prescribed powder, an unknown man rang the doorbell of my apartment, asking to contact me. I thought - "they're coming for you"! The fact that they were able to find me in an apartment building of 182 mostly unmarked apartment units was enough of an argument for me to open the door, and his relentless ringing of the doorbell helped.


He asked me if it was me. When I confirmed that I did, I was asked to show him my ID. As if in a dream, I returned to the apartment and handed him the ID card for inspection. He took it, wrote down the information on a piece of paper and handed it back to me. He then handed the piece of paper on which he wrote down the information from the ID card to me for checking and signing. It was still gravely silent and I know it very well - I was terribly afraid. Then he handed me the paper in such a hurry that it slipped and fell to the ground. I thought it was his paper, so I hurriedly bent down to get it. Then I heard his unforgettable "and I wish you a lovely rest of the day", accompanied by the winner's mocking grimace, followed by his hasty dash to the elevators.


He had earned his "grumpy money" and I finally found out what HR manager #MS (Mr.Sushi) wanted to say to me at the time.

In order to give due seriousness to this pamphlet, Radio ГA / ГA started to offer my position on the Internet as a vacancy even before its delivery (see advertisement dated 20.1.2020, the position is listed last in the table).


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It didn't matter to Radio ГA / ГA that the GDPR was grossly violated during the delivery of the notice, when this document, including my personal data, was accessible to other third parties. At the same time, the Labor Code was violated, specifically § 61 paragraph 1., for violation of which the company faces a fine of several million crowns.

Here is a short quote from him:


The employer is obliged to discuss termination or immediate termination of the employment relationship with the trade union in advance, if the trade union operates at the employer; this obligation is imposed by § 61 paragraph 1 of the Labor Code.

Discussion means communication of the employer's intention to terminate a certain employee or immediately terminate the employment relationship with a certain employee and "hearing" the opinion of the trade union (opinion of the trade union at the same time, it is completely non-binding for the employer; the employer may take into account the possible negative opinion of the trade unions on the termination of the employment relationship and possibly withdraw from the termination of the employment relationship, but does not have to follow it at all).


Here, for completeness, I present the "Position of the Trade Union Organisation", which I was also a member of.


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The legal department of Radio ГA / ГA, specifically #LA("Leklá Andělka"), is responsible for both violations of the law.

According to her answer to the question of the "Trade Union", why she did not discuss my resignation, and thus did not fulfil her duty under the Labor Code, she answered that she had (exceptionally) forgotten in my case.


I therefore turned to the Labor Inspectorate with an initiative and I am currently still waiting for the results of the inspection. At the same time, I filed two lawsuits against Radio ГA / ГA – for the invalidity of the notice and against discrimination.

I will provide a detailed description of the reasons for my resignation in one of my next posts.

 
 
 
  • Writer: RFERL Watch
    RFERL Watch
  • Apr 8, 2023
  • 5 min read

Whistblowing" and "ethical codex". Two words that more and more companies don't even translate into Czech anymore, adopt them on their websites as a sign of seriousness and "brag about" their compliance in their presentations. You just can't do a proper "PR" today without them. However, practice will show whether it is only playing "Mirek Dušín" theatre role. Especially in situations where you really have nothing else to leave.


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“The Company will not tolerate retaliation against whistleblowers. Employees who report any conduct or suspected conduct by or within the Company that is illegal, fraudulent, or in violation of its policies will not be intimidated, harassed, discriminated against, or retaliated against. Examples of prohibited retaliation include, but are not limited to, verbal or physical threats, reductions in compensation, requiring the performance of "special" (meaning "strange") work tasks, and termination of employment.


I described in detail how Radio ГA / ГA fulfils these principles to the letter in March 2020 in my lawsuit against discrimination and unequal treatment, and there will certainly be room to return to it here.


Then the entire system of "hotline" contacts is listed here, where these unfortunates can invoke their truth.


To give this Radio ГA / ГA document even more seriousness, here are some other important links. They are the "code of ethics", the principle of "equal employment opportunities", "complaint resolution", and probably always the most important for an American employer - "sexual harassment". While the first mentioned gradually lost importance at Radio ГA / ГA, the importance of understanding the issue of "sexual harassment" was highlighted annually by the company's management, and failure to sign it by a certain date could cause you considerable "harassing" complications.


The fact that this year, the company's General Counsel will personally oversee its signing. By a trip to Prague from as far away as Washington DC he testamented to its importance. It is really particularly nice weather here at this period of year.


But envy is a bad thing. So let's look at some of the links in more detail and, if necessary, break them down in a few sentences.


1. Equal Employment Opportunity

Since 2018, the trade union has repeatedly addressed and unsuccessfully pointed out the actual almost ten-year stagnation of the wages of RFE employees who are bound by Czech employment contracts. It was repeatedly in this context unsuccessfully requested to match wages to the level of the usual average in comparable professions in the Czech Republic. Similarly, in recent years, very discriminatory three levels of remuneration have been repeatedly pointed out, when American citizens receive completely different wages for the same work, but another for "expatriates" and another for Czech employees. These are not small differences in remuneration, but indeed differences in hundreds of percent.

In the end, this went so far that the "Trade Union of State Bodies and Organisations" also commented on this topic here and expressed his support.


On June 12, 2019, a meeting of the representatives of the employer and the Trade Union was held, where a solution was discussed and requested to match the wages of Czech employees, at the level usual in comparable professions in the Czech Republic.


In August 2019, there was a meeting with the company's president and management. Again, the question of the permissibility of a ten-year stagnation of wages for Czech employees was discussed, while the wages of contractors providing security services are regularly and completely inexplicably increased and fully refunded from year to year. It is a mockery of the Trade Union and, by extension, the Czech employees, that at each of the "meetings" with the employer's representatives, but even at the "meeting" with the participation of the highest in the food chain (understand Mr. President), they were assured that the matter would be resolved immediately, as it the financial budget will allow that but these assurances and promises have not been fulfilled. In light of the uncontrolled spending and waste of funds elsewhere, such an attitude is immoral to say the least. It is possible to believe, with a probability approaching the limit of certainty, that according to Czech law this procedure is even illegal (according to the Code work belongs to all employees at one employer for the same work, or for work of the same value, one should have the same salary). Fair remuneration of the employee, equal treatment of employees and prohibition of their discrimination are among the basic principles of labor law.


2. Complaint Resolution

As we were able to find out, if there was a complaint from the complainant that was directed to financial issues (strange payments for services) or to the above topics, the expected reaction in the spirit of "whistleblowing" principles not only did not appear, but it began to be suggested to the complainant that it was not good to open these subjects, that one should fix one's attention in another direction and be more loyal. It was indicated that if one does not follow such recommendations, the employer will have to start dealing with his performance and perhaps his more frequent absences (for example, those in the past period due to health reasons). At another interview, one was then informed that he was not loyal enough and that one should seriously consider leaving the organisation. And because one was unteachable according to Radio ГA / ГA law, today he is already fighting against his legal machinery with a lawsuit to clear his name.


I would never have thought that in a company like this I would come face to face with such flagrant violations of rights, discrimination and manifestations of undisguised bossiness.


3. Moral code

The last of Radio ГА / ГA's trifles of sainthood is its moral code, which is drawn up, as usual, "nationally non-discriminatory", i.e. only in English and Russian (no Czech) and was published in April 2019. You would find them at length on their website and they searched hard, so I attach it for viewing here:

In the preamble it is written here.


A company's credibility and effectiveness as a news station depends on the ability of its followers, partners, business partners and employees to trust the integrity of the journalism it publishes and the employees who create and support its content. Employees are expected to take great care to avoid any conduct or relationship, whether in or outside the workplace, and whether or not expressly prohibited by the provisions, which would result in, or is likely to, that creates an impression:

  • bias, favoritism or dishonesty in broadcasting

  • using their position with the company to promote personal benefit or profit

  • improper preferential treatment or unlawful discrimination against any person or entity

  • lack of integrity

In the spirit of the already published here "Sign, or...", each employee must electronically confirm every calendar year that they have read this code of ethics and that they fully agree with them.


Truthfully, I don't remember much about this signature event of mine, but it is possible that I did so at other similar signature events. Shit, I'm an older person.


Part 5.a) regarding the use of the company's assets is particularly interesting, where it is written verbatim:


The Company prohibits the use of its funds to make payments to any person, company or organisation to obtain favorable treatment in securing business, intelligence resources or other special services, regardless of perceived benefit to the Company, if such the payments are not (i) made pursuant to a written agreement signed by an authorised representative of the Company and (ii) do not violate the laws of the United States of America or the country in which such payment is made.

We are leaving this part uncommented for now and we will be happy to return to this quote when publishing our other contributions, which we obtained on the basis of the "info law" and which are publicly accessible.


You will then be able to judge whether


So, is Radio ГA / ГA really "Mirek Dušín" or it's "Dlouhé bidlo"?

 
 
 
  • Writer: RFERL Watch
    RFERL Watch
  • Apr 8, 2023
  • 4 min read

The departure of the "unloved" president Steve Korn from Radio did not immediately lead to a calming of the situation, so life here continued in the old ways. Disrupted workplace relations, often caused by collaboration with previous management, as well as the practices brought here by his numerous teams of consultants and would-be specialists, led to the preservation of the status quo even after his departure.


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As can be seen from the following table, which we obtained from the official OIG (BBG) report, the key managers here were hired after 2013.

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Czech managers who took advantage of the opportunity and adapted to the "new era" are not listed here. They will gradually appear in our other posts along with their participation in the documented events. Also, other managers who joined after 2016 are not listed here.

For the system to work well, it must be well "lubricated".

The following table shows an example of the funds that should have flowed to Radio ГA / ГA in 2017.

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The OIG (Office of Inspections) of the BBG (Board of Broadcast Governors) carried out on 13.9. – 2/12/2016 check with Radio ГA / ГA with with the following result:

  • Weaknesses in the approval of contractual contracts and in cash operations

  • CFO did not close expired grants

  • Not all employees have signed the required conflict of interest declaration form

  • The grant agreement between BBG and Radio did not meet the requirements for standards in the field of information technology

  • The radio has an outdated security policy

In the area of human resources, it was stated that the principles of whistleblower protection, equal employment opportunities and prevention of sexual harassment included the wording that "false reporting may lead to termination of employment". The whistleblower policy further stated that "employees who make unreasonable complaints or make reports in bad faith lose their protection from termination." The OIG said employees could interpret this as a barrier to reporting sexual harassment or equal employment opportunity violations, or to filing a whistleblower complaint.


In the area of IT system security, it was noted that Radio did not have an effective information security program. It lacked information security policies and procedures that addressed internal control standards, including a risk management process to protect its systems and information. In one case in 2015, employees allegedly elevated their own privileges to access the network without proper authorisation. However, the IT director did not give the IT security program the required attention or support.


The OIG found that while Radio had security policies and procedures, it concluded that they were too general and had not been revised for some time, with some dating back to 2005. The grant agreement did not adequately address what security policies and procedures needed apply. The only mention of security in the grant agreement between BBG and the Radio concerned the investigation of potential employees. The lack of specificity in the grant agreement, along with significant turnover in senior management, led to the neglect of security policies and procedures.


Investigations of potentially eligible non-U.S. employees were truncated, varied by geographic region, and were insufficient to determine suitability for employment. The BBG Bureau of Investigation was understaffed to conduct a complete investigation of all potential Radio employees or to conduct periodic employee investigations. Moreover, the procedures governing such investigations were incomplete. The 2016 grant agreement between the BBG and the Radio, signed at the end of October 2015, required a protocol to include the categories of people required to be investigated. Failure to carry out comprehensive background checks on potential employees and regular employee investigations puts the company's personnel and operations at risk of compromise, the inspection concluded.


We have to agree with the conclusions of the BBG inspection. Incidents of computer security breaches showed signs that organised groups of "hackers" could have domestic accomplices.

On the other hand, Radio made it clear to the BBG control that information security is its top priority. Basically, until 2015, there was no one dedicated to IT security in "full time" contract. In 2015, it finally opened an IT Security Officer position to improve the information security program by applying industry best practices.


As is the custom, "the deed is gone".


Although a young, smiling and very chatty Romanian specialist took up this position, succeeding his skilled Czech predecessor, who left to work in Switzerland after a year, after several months of imitating work, interspersed with the occasional dissemination of his wisdom and after smoking a lot of cigarettes on the local terrace , recommended too – this time after an alleged cryptocurrency mining scandal at his workplace. As it turned out, this time in an expensive suit, he takes care of IT security at the European Central Bank in Frankfurt.


And so, in 2018, the position of IT Security Officer at Radio ГA / ГA was filled by another star. He was none other than a person that I will cover many times in my future posts. This specialist was none other than #JS("Joints smoker"). It is an open secret that he was bullied for this position by his supervisor and that my former supervisor #RC("Remotely controlled") also unsuccessfully applied for this position. He took his failure in this fight quite hard at the time and let it "eat up nicely" at every opportunity. In the previous regime, it was called - "collaborative relations in the workplace" and it only proves how difficult it was to get a foothold in Radio ГA / ГA version 2.0.


Today both gentlemen no longer work here. Even though the legal department tried to tell me several times that one left after less than two years of a stellar career and the other after more than 22 years at their own request, few believe it.


Both "super-humans" left with thanks (of course "to all stations") for a job well done and probably with a hefty severance pay. One headed to Paris, where he allegedly works as a security specialist at a small "advertisement" company and the other, he ended up in Washington, allegedly at some "budget agency" in the position of postal administrator. This is also how you can end a stellar career from the position of IT Director and after leaving "at your own request".


For lovers of the English language and honest readers, here is log from OIG BBG review.


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