How to become a "persona non grata"?

I'm sure you'll agree that it's not easy to live or work with this label. You can often work your way through it in a simple way. In my case, I got the first one sometime around 2012. I worked on the others in the following years and I got this definitive "award" at the turn of 2019 and 2020. Would you believe that I didn't know about it?

On 31.12.2012, Steve Korn decided to leave the ranks of "Radia ГA / ГA" definitively. In his resignation letter here, addressed "to all stations" , announced at the time that he was quitting and going "beyond the puddle" to his family. It's funny that he gave the same reason even when he was leaving CNN and also his previous employer. As in the mythical "Odyssey", he kept coming back to go to his family again. After all, everyone left here (if they had to) wants to see their family and each time at their own request - it's probably some kind of cultural phenomenon.

This likeable gray-haired gentleman with massive sideburns and gold-rimmed glasses joined more than a year ago, and with the reputation of a crisis manager, he set about downsizing, moving people and buildings, and breaking established stereotypes. The goal was to save at all costs, and as usual, there was no looking left or right. In the end, his campaign against the Russians, more precisely against the Moscow branch of Radio, broke his neck, causing an international conflict that had to be calmed down by many famous former political figures from both sides of the "curtain" and the BBG (Broadcasting Board of Governors), the founder and sponsor at the time, of course it didn't forget to count.

As "BBG Watch" wrote at the time on my website here and under which I can easily sign:

“Korn's departure was necessary for the survival of Radio Free Europe/Radio Liberty (RFE/RL). Most of the staff feared and hated him. His personal resignation letter sets a new standard for arrogance and deceit. Hiring him was a terrible mistake that will take us years to recover from.”

Then Victor Ashe of BBG wrote:

“His work here was a nightmare for many in RFERL, especially in Moscow, but also in Prague. I look forward to working to restore fairness and respect for dissent in the RFE/RL family," added Ashe, per BBG.

Actually, I originally wanted to devote only two sentences to this "superman".

I'm sorry. It didn't work.

If I continued to develop the line from BBG Watch that "most of the staff feared and hated him", I would surely end up in several pages. So I'd rather continue with the lyrics from the song - as he came, he left and no one hung himself for it...

Unfortunately, however, I cannot give credit to Mr. Ash in his belief in establishing fairness and respect in this institution. The events of New Year's Eve 2012, which I then celebrated in the hope of better times by opening another bottle of "bubbles", only led to the upgrade of Radio ГA / ГA to "version 2.0" and ultimately to my firing.

About how this person could be loved by everyone, let my personal story serve.

One of his ideas on how to save money it was the decision to withdraw the vacation allowance for Czech employees (the so-called "Summer Allowance"), which was regularly paid before the summer holidays and most of the "natives" used it to pay for their well-deserved summer rest . It was not a small amount at all - it represented almost half of the monthly salary. This entitlement was specified in the collective agreement concluded by both the unions and the management of the company many years ago and was bound only by the fact that the necessary funds must be available to pay it.

Here, so "the one at the top of the local food chain" came up with the idea that the natives would get nothing and their money would be used for something else. For example, to buy bulletproof vests for journalists in risky countries. After all, it was an "allowance", so understand - the natives are not entitled! You can read more in the open letter of the anonymous employee(s), addressed to BBG Watch here.

It goes without saying that this highly humane idea of his was not met with enthusiasm by those concerned. First the union protested, then their union bosses at headquarters, and finally they threatened to sue management. In the corridors, in the smoking areas, in the canteen and in the restaurant during meals there was a "unison" sentence - I don't agree, I won't give in and later - I won't sign!

This is also where Vice President Dale Cohen came up with former head of HR Donna Black - they both came with the idea that all Czech employees, meaning natives, would sign their agreement that they did not want the money and that they would provide it to their foreign colleagues, for example on their private Life Insurance. That they did not have it themselves it was not important in their really high humane idea. Many people remember the tragic not-so-forgotten era, when 100% of the population in elections voted for a single party every time and when an "anti-charter 77" campaign was signed, or consent to the stay of Soviet troops on their territory, both these humanists were drawn into a persuasive campaign that would gave a brief title - You have to sign, or...!

I don't know how others from my tribe did, but I gradually went through the "massage" of all levels of HR workers, from a friend having a cigarette on the terrace, through their "secret" eminence Petr Slavík, who tried to explain politically to me under the pretext of fixing a bug on his PC , that if I don't sign it, the other employees won't get any money next time, that money will be "bagged" in the next few days, and that he's surprised I don't want it. After all, it's not about anything. To the argument that I do not want to sign it and ask him to send it to charity, he simply replied - "well, OK, what do you think". On the way to my office, I had mixed feelings - on the one hand, I was glad that I resisted, and on the other hand, a worm of fear and doubt about my future existence here began to gnaw at me.

Within an hour I was "summoned to the carpet" to my superior #RC (aka "Remotely Controlled"). In his office, which he closed it just in case, and when he sent his representative somewhere "to arrange something necessary", he began to persuade me. He apparently failed to understand that a "subspecies" like me could have an opinion, or God forbid a conscience. What is it?

When I told him that if I signed it, I would have to throw up every morning when I looked in the mirror. He clearly did not understand this argument, even though I tried to articulate it correctly in English. The result of this effort of mine was the uncomprehending smile of the "retard". So I pressed on and started telling him things like "it's been here before" and "and they're behaving like communists" and "there's no difference between them" which made his goofy smile gradually disappear from the face. I was surprised at how much vocabulary I had accumulated over the years here and how it fell off me.

This was followed by a question that completely disarmed me and convinced me that he didn't understand anything. Wasn't it my eastern accented English? It was simply a fact that "they are completely different".

Are you going to sue Radio?

When I caught my breath and understood that he was really serious about his question, I answered him that of course not. This calmed him down and there was an awkward silence, which I ended this time with a question. Actually, it was the kind of question you ask just to keep the conversation going on and when you know the answer in advance. How deeply wrong I was…

Don't tell me I'm the only one who hasn't signed it yet?

He nodded and I didn't believe him at that moment. I remembered the dozens of my colleagues who were worried that they would never sign it, their arguments and their honest annoyance.

What game is he playing with me here?

Then I realised that he, who was always led by someone, tasked, without his own opinion and afraid to make any important managerial decision, is actually cornered by his own "tribe". And so, for the sake of peace in the workplace and in the department, I made that compromise, which in the end didn't help me anyway years later.

I suddenly became someone who thinks a lot and has a backbone, and that is not forgiven at Radio ГA / ГA.

A quick sequence of events took place - I called #RC ("Remotely Controlled") to hand me the "shity paper". It was also handed to me with a pen to sign. I signed it and ignominiously headed to the office of the senior HR manager. Before I closed the door to his office, I heard a stone drop from his heart. I didn't hear his phone call to the HR manager later, but her fervent sacrifice of a few seconds spoke volumes. This was followed by her assurance that I had done well and the best for me. A long handshake followed.

The subsequent report to Dale Cohen about 100% participation and pamphlet signing was just a guess - I was too low on the Radio ГA / ГA food chain to know about it.

What I know for sure today that that day, somewhere in my personal file, that important black dot with the sign "persona non grata" appeared for the first time

The next day, I met the union president at the entrance to the building, who from a distance tried to congratulate me on my bravery. When I told him that there was no reason to congratulate me, he said that he did too, just like everyone else. He argued he is close to retirement, he has grandchildren, so every crown and a good "long life" here is important to him. And that they need more people like me in the unions!

I thanked him and felt sorry for him as well as myself. I was entering the building and I felt my stomach slowly rising. I have stayed here for the last 7 years in my "tobacconist" and the upgrade of Radio ГA / ГA to version 2.0 was successfully completed these days.

Radio ГA / ГA has successfully completed the first point in the template which had lead to my termination.

Believe it or not, but the anonymous letter to BBG Watch I really didn't send!

Honorable pioneer!

We will make you unemployed!

This is how the rich experience of Radio ГA / ГA in the field of labor law could be paraphrased.

Radio ГA / ГA has already had several cases of strange dismissals in the past.

It is an open secret that there are employees working here who are assigned to 3 categories of employment contracts - first are US citizens whose employment relationship is governed by US law, next Czechs with whom the station concluded employment contracts according to Czech law and which should be protected by the Labor Code. Even here, however, there have been cases of unequal pay in the recent past, when a "more loyal comrade" could earn much more for a similar or the same job position and which was reported to the European Parliament. Third , a disadvantaged group, are foreigners from third countries.

Job applicants from this group are allegedly presented with employment contracts with a disadvantageous clause, namely the rights of the United States of America. The employer terminated the employment relationship with both former employee without giving reasons. Although both of them did not agree with this statement, the Czech courts did not provide effective protection to these workers who paid extra for the clause. American labor law is practically inapplicable to the case of a contract concluded with a foreigner, since the protection provided by American law can only be claimed by employees if they are working in the US or abroad, but on the condition that they are US citizens.

More information can be found in the letter of the Czech Helsinki Committee entitled "Violations of human rights in a radio station..." here from 2014.

What about Snjezana Pelivanová?

The fired employee, Croatian citizen Snjezana Pelivanová, appealed to the European Court of Human Rights (ECtHR) in Strasbourg and sued the Czech Republic. The Czech Republic, as a country that hosts an American company on its territory, is accused of not ensuring her rights to the prohibition of discrimination and to a fair trial, which are guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Pelivanova's case directly concerns the Czech Republic as the defendant. Ms. Pelivanová officially asked the Croatian government to support her cause in Strasbourg.

While the essence of the case Pelivanová vs. The Czech Republic is the labor policy of an American institution operating in Prague, but the responsibility for this policy, including financial compensation, lies with the Czech Republic.

What about Anna Karapetianová?

The legal claim brought against the Radio by Armenian citizen Anna Karapetianová reached the Constitutional Court of the Czech Republic after it had already been reviewed six times (!) by lower courts, which have different opinions on whether American labor laws are compatible with Czech public order and legal order and whether they are therefore applicable on the territory of the Czech Republic.

Finally, a few words

Both women, Snjezana Pelivanová and Anna Karapetianová, after many years of service with positive evaluations of their work performance, were dismissed based on American labor laws and Radio's internal guidelines without giving any reason, without prior notice, without disciplinary action if there was a reason for such punishments, and even without payment of severance pay for years of service, because both refused to waive in writing their right to appeal to the courts - which is an inalienable human and civil right in any democratic state, including the Czech Republic.

In my next posts, I will try to publish all the circumstances, their details and especially the background of the events that led to my resignation. Although I understandably do not know the details of the statements delivered to my former colleagues, there is something in common between them:

Same scenario so far

• termination "delivered" after more than 15 years of work

• work results all the time with excellent and very good evaluation

• without prior notice of any shortcomings in the performance of his work duties

• without any disciplinary punishment, on the contrary with a regular financial award

• dismissal without a hearing and only based on manipulated evidence

• multiple violations of the Labor Code

• without payment of severance pay for years of service

• limiting the right to a fair trial

It is a visible attempt to set a precedent that could also be used in other dismissals of other Czech employees.

Unfortunately, the development of events surrounding my ex-colleague's further statement proves me right in this.

How do we do it? Using the template!

How to get rid of someone? This can sometimes be a problem.

Here it is necessary to take into account that the dismissed person may not like it. Most likely, this unfortunate person will be angry and "noisy", so it is necessary to do something about it.

Radio ГA / ГA in "version 1.0" operated on the principle of agreement. It was an open secret that he always tried to reach an agreement with the other side, and lawsuits were really the exception. They realized that such publicity was not conducive to his mission and saw it as a waste of American taxpayers' money. It was common that business agreements and contracts were also periodically renewed and everything was more transparent. The aim was to prevent speculation about cronyism, substandard conditions in tenders or corruption. The phrase that "Radio ГA / ГA does not judge" was memorable at the time.

Radio ГA / ГA in “version 2.0” is, however, a completely different class and a different quality. With the management that appeared here mostly after 2014, it created a system that, using cooperation with the "native" judicial and state apparatus, allowed it to apply its proven processes according to the same template.

How does it work? What is the scenario? So what is the template?

1. "That" inconvenient employee

Such an employee is usually characterised by the fact that he or she has a different and usually his own opinion. There have been cases when such an employee, with regard to the work performed, refused to turn a blind eye to, for example, non-compliance with safety rules, or refused to accept verbal orders that were contrary to the work performed, or refused to sign something that was contrary to his awareness or conscience . In general, it can be said that this is an individual who is or has been loyal, but his loyalty no longer coincides with "official party policy".

2. The conditions for professional destruction

Here, Radio ГА / ГА has really rich experience, thanks to its business activities, which is monitoring various political regimes and human rights violations in them. According to the well-known saying - "whatever you treat, you also lose" - it created a system with the goal of professionally destroying a problematic employee. An example can be when a long-time IT specialist, preferably at a senior age, is dismissed for loss of confidence and with the "mark" of a computer "hacker", or a long-term corporate security employee is, "on his old knees", fired as a "security risk". Very often these are employees of pre-retirement age and often with the aim of solving planned organisational changes.

3. Exposition of obstacles on the part of the employer

This, at first glance, insignificant legal act, when an employee is forbidden to go to work while maintaining full salary, has a great psychological effect in the environment of Radio ГA / ГA. On the one hand, it creates the impression that "nothing is happening", on the other hand, it creates the feeling that "we have something for you". In any case, this is a sure sign that evidence is beginning to be gathered "in your absence" and that an investigation "about you without you" is being launched. It begins with the command to "sign" in the presence of a superior as a witness. Since Radio ГА / ГA is actually a fortress that you cannot enter without a permit after a physical check at the entrance to the building, you only have to wait for the "ortel" as the "super-humans" will decide about you in the meantime.

This time can be arbitrarily long. As a rule, it ends with a phone call from the HR manager, who will try to lure you "somewhere" and give you "something" here. It's hard to resist - you always want to know the reasons you're not getting it, don't you? If there is a risk of delay in connection with point 4.), the notice is delivered to you by anyone and at any time, i.e. by a third party under any pretext (for example, the police) and at any time - exactly as under the previous regime.

You just wait.

4. Application of § 52, letter g.) Act No. 262/2006 Coll., ZP

This paragraph is crucial for Radio ГA / ГA and essentially all notices are given here according to the wording of this paragraph.This law has undeniable advantages for Radio ГA / ГA:

• is strong enough and will usually force the employee to accept any wording of the resignation out of fear

• the employee will usually quickly realise that it will be difficult to find another job after such a dismissal, so he will be willing to make any concessions

• is a strong argument that paves the way for the definition of other terms of the agreement

• has a really wide scope and can be applied in several intensities, which can be manipulated appropriately and purposefully

• this can include dismissal from breach of work duties to breach of discipline, including poor work ethic, alcohol and drugs

• gives the employer a 2-month opportunity to prepare the final wording of the notice

• gives a 2-month option for any method of delivery of notice

• can also be delivered during the employee's illness - exactly as under the previous regime

Subsequent points will only occur depending on whether the employee accepts the dismissal and leaves voluntarily or not. If he voluntarily leaves, with any luck, he or she will end up with a "termination by agreement". Of course, with a signature that he will be silent about everything "like the grave". Politically, it will be explained to him that this is actually the best solution for him or for her.

5. Activating your contractual law firm

Radio ГA / ГA, even though it has its own well-paid legal department, has a contractually secured law firm, based at a prestigious address in the center of Prague, for the purpose of representation in labor relations with its employees, i.e. "subordinates". This will take care of the legal representation of the company, if by chance the employee feels the "God forbid" shadow of injustice. This law firm will take care of the "dirty work" - from the justification of the dismissal, to its delivery "in any way", to representation in court, if the employee files a lawsuit for the invalidity of the dismissal. All paid by the money of the American taxpayers, who will generously fund this process. As the communists once said - the resources are always there!

6. Activating your judge

Radio ГA / ГA, thanks to its local affiliation to the district of Prague, has its own judge at the local District Court. All labor-law disputes between Radio ГA / ГA and its former employees have been judged for several years by the same judge, who is closely connected through the mentioned contractual law firm directly with their legal department.

If it were to happen that, in addition to a lawsuit from the field of labor law, an employee also claims his right from another area, for example a lawsuit against discrimination, it will be arranged by amending the petition or amending the lawsuit proposal that the lawsuits are combined, and so again they ended up with the same "independent" judge.

From the beginning and at every subsequent court hearing, Radio ГA / ГA takes into account the fact that the dismissed employee cannot financially afford a lawyer in his situation. First of all, he has to deal with his next job, often his immediate existence, lack of finances, his reputation and, after suffering psychological "martyrdom" lasting at least 2 months, his health.

As I have experienced all the points of this "template", I will try to elaborate and document them in detail in the next posts.

I believe that if a "one man show" company, producing paper bags for dog poop, treated its employees like this, it could be accepted, but with raised eyebrows. But if this is how a company behaves, which "enjoys" the right to comment and pillory violations of human rights and democracy outside its "home pond", it seems very untrustworthy.

All we hear is radio ga ga Radio goo goo, Radio ga ga All we hear is radio ga ga Radio blah blah Radio, what's new? Radio, someone still loves you!