Fort Bend Lawsuit Says Government Contractor Tried To Force Him To Understate Injuries In Afghanistan
By Chris Vogel in Courts
Tuesday, Sep. 22 2009 @ 2:05PM
It seems like those giant government contractors working in war zones are always getting into trouble. Or at least getting sued.
Over the last year or so, Hair Balls has brought you stories about Halliburton/KBR workers being accused in court of rape, running and encouraging employees to visit a Thai brothel, and exposing military personnel to contaminated food, water, and improperly incinerated human remains. One man even claims he saw a wild dog running around base with someone’s arm in its mouth.
Today, we bring you a new twist on an old theme: medical-records fraud.
This time, the target of a lawsuit in Fort Bend district court is Fluor, a Texas-based corporation that describes itself as a “FORTUNE 500 company that delivers engineering, procurement, construction, maintenance … and project management to governments and clients in diverse industries around the world.”
In the other corner is Jon Cole of Friendswood, who says he was a Government Service-rated employee serving in Iraq and Afghanistan since 2004, a licensed U.S. Department of Defense Uniformed Services Army contractor, and most recently had a six-month contract working for Fluor in Afghanistan as a Health Safety and Environmental Manager.
Everything was going well, according to the lawsuit, until Cole found himself on a sticky wicket when he was asked to falsify medical documents used to record injuries, which were then presented to the U.S. government and used to grade Fluor’s performance. The fewer the injuries, Cole claims, the better the job Fluor was perceived as doing and the more money the company stood to earn.
Cole alleges that he was ordered to change the status of injuries and illnesses from recordable cases to non-recordable and, as his lawyer Gregg Rosenberg told Hair Balls, to decrease the severity of injuries.
But Cole claims he refused to play ball. He argues that if he had gone along he could have been criminally prosecuted under the Uniform Code of Military Justice and risked the possibility of being sentenced to time in a federal prison.
Because Cole would not do as he was told, he claims, Fluor retaliated and harassed him to the point that he couldn’t take it any longer. “He was constructively discharged,” says Rosenberg, “meaning the circumstances are so unbearable that he was compelled to resign.”
Cole is suing Fluor under the Sabine Pilot doctrine, which is the sole exception to an at-will employment contract. The worker must prove that they were fired or adversely effected solely because they refused to perform an illegal act.
Fluor’s motivation for trying to force Cole to falsify and downplay the severity and number of injuries in written reports, Cole claims in the lawsuit, was because if Fluor “was shown to display good performance with lesser recordable incidents, it would be inline to realize significant monetary gains.”
Hair Balls called Fluor and will let you know if someone there responds to the allegations. (click HERE for original post)
Now I need to add my 10 cents worth!!! You can not hire former KBR managers and expect them to manage differently than they did for KBR. Fluor knew KBR was up to their eyeballs in shit all the time, why would they want to bring those very same managers on board. This is not Fluor’s first job!! This was the most amazingly stupid decision to bring on Stanksi and his buddies.
And….now that this has gone public, what is the DoD doing about it? Are they looking into Fluor incidents, accidents and deaths? Are they looking into KBR’s incidents, accidents and deaths? I’m sure that in classic DoD oversight style…..THEY DO NOTHING!!
Ms Sparky
Charge a civilian under the Uniform Code of Justice? I thought that only applied to those serving in the military. I do not see how that could have been applied to Mr. Cole even if he was a Government Service Employee. Can this be checked?
Ms Sparky’s Response:
UCMJ does apply to civilians contractors as well.
On October 17, 2006 the Uniform Code of Military Justice (UCMJ) was amended to extend UCMJ jurisdiction over persons serving with or accompanying U.S. armed forces in the field in time of declared war or contingency operation (references (a) and (b)). Since then, commanders have had available this additional UCMJ disciplinary authority.
http://usmilitary.about.com/od/justicelawlegislation/a/civucmj.htm
Mssparky, I honestly appreciate your responses to these stories. I say – “FOLLOW THE MONEY”. It will most often lead to corruption, which is a side affect of “GREED” – or vice-versa
.
Mr. Cole, I am truly sorry for the horrible situation you are in. I pray that it turns in your favor. Good Luck
Ms Sparky,
It would be great if someone could get their hands on a roster or even give you a list of former KBR managers with boots on the ground or processing through Greenville. You could put together a rogues gallery and it would be a great resource for Government Officials and Attorneys. I have to wonder who has the most to gain if Fluor fails? Abrupt departure, a snap of a finger and suddenly loyalties change, really? Looks like Stanski and his HR country manager are working their magic!
Several ex KBR Managers here n Greenville
sorry can’t give a list of names out
I an tell you estimators and contract managers are ALL ex KBR
as for changing my loyaties Fluor is paying me more money so I jumped ship
Fluor Foreman said,on September 23rd, 2009 at 9:17 am
as for changing my loyaties Fluor is paying me more money so I jumped ship
——————————-
The loyalty comment is targeted at Stanski and any Executive that was\is involved with the bid process and has intimate knowledge of corporate trade secrets including bid proposals in process and submitted by former employers turned competitors.
I would not expect you or anyone else to list the names in a comment. Information such as this is best sent via the “Contact Us” button.
I am currently being processed as Refrigeration Technician Position with KBR, suppose to be for Afghanistan Location….
If KBR has no more LOGCAP contracts then why are they hiring me now?
I went to their Web site-Zero jobs listed…
Suppose to leave for Houston Jan 11th, my second LOGCAP contract-Previous I was a Site Manager.
Anybody have any thoughts on this.. If DynCorp and Fluor are taking over then why would KBR hire me now..
Thanks.
First of all, KBR still has a mission under LOGCAP III. They still have to provide services. I would try to go to work for KBR in the North. That is the area Fluor is taking over. Personally I would steer clear of anything that has to do with Dyncorp which would be Southern A-stan. They are having problems even paying their people on time. Good luck and Keep us posted.
Thank You…
Have you heard anything about FLUOR positions-they have hundreds listed at their web site and I personally have applied to 10 positions but never got any kind of replys-I have a great resume-previous LOGCAP site manager-just curious if you have heard anything about their hiring issues
Thanks again MSS Sparky
Fluor HR is tied up with transition of exisiting KBR personnel. Your best bet, get over and then transfer when your FOB transitions.
At least he seems reasonably honest. USMI’s HSE Manager Martin Wesley is a failed minister with a non-accredited college degree as well as no prior experience in Construction, Emergency Management, Enviromental or General Industry that conned his way into the position because his recruiter never did a background check. He has been altering records for years to cover up his ignorance and to make himself and KBR look good. The USMI KBR Safety Department, his “staff” are almost all gone now because they are tired of trying to cover up his mistakes and being coerced into altering reports. Fluor should try to recruit him
Ms Sparky’s Response:
I tried to email you at the email given and it bounced. I have some questions about Martin Wesley and a 2005 death. You can email me by clicking on the contact us tab above.
Sgt. Mcfalen said,on September 23rd, 2009 at 10:17 am
USMI’s HSE Manager Martin Wesley is a failed minister with a non-accredited college degree as well as no prior experience in Construction, Emergency Management, Enviromental or General Industry that conned his way into the position…..
————————————
I don’t know where to start with this one, yes this person is well known maybe notorious is a more appropriate word. He seems to have the same effect on people wherever they shuffle him off to. The last time he worked in the IZ there was an incident with an electrician by the name of Andy Barsamian which Martin Wesley was allegedly involved in somehow. It was hushed up by management but I am sure someone knows the full story. It is funny that you mention Fluor recruiting him because the KBR PM at the time of the Barsamian incident is currently at Fluor in the HR Dept.
I know one dept in Flour ex KBR employees manager fired, lands at flour as “manager” and hires all his foreman and supervisors form past, and surprise 3 out of 4 were fired by KBR, go figure, seems unless your connected Flour wil not be making any offers…and still everyone thinks the grass wil be greener there, KBR safety, .another can of worms, USMI safety dept, shrinking….Most managers are protected, or know how to toss fellow employeess under the bus to self promote….go figure..Does anyone in KBR ever do a backround check on anyone, in time it will show with the new CAC requirements, in time……
At least Fluor doesn’t act like CSA Kuwait. I applied a few weeks ago for a CSA job, and they were all over me. Fill out this paperwork so we can do your background check, hurry hurry hurry. Did that, and now they won’t even answer a damn email. I KNOW I passed the background, and I’ve spent a year with KBR and a year with Eagle Support in Iraq. I even sent them a point blank email (that probably got me dropped now…lol) asking them what their damn hurry was if they weren’t actually hiring for a position?
At least Fluor said something along the lines of *Thank you for your application; we’re hella’ busy right now, but we’ll get back with you shortly*
In a way I’m glad I didn’t go over there already. I got a raise yesterday…lol Maybe my boss knew what I was up to.
Has anybody heard who might be the next contractor to adopt this abortion KBR created in the Green Zone or anywhere else in Iraq? We have heard Lockheed and maybe Fluor. As usual we hear nothing unless it’s about being terminated!!
Who has the majority of the food contract for LOGCAP? I heard that FLUOR was suppose to get it. Has that been confirmed?
Ex-KBR, I went through the same thing with ITT. The HR dept wanted everything done yesterday as far as paperwork they needed to get the ball rolling. I thought that I would be on my way to Astan weeks ago but my recruiter tells me my guess is as good as his as far as when ITT will take over operations for KBR. I know KBR is definately draging their feet on giving up their old turf!
I dont know what to say about Flour re-hiring ex-KBR Managers. From my experience and knowlegde I have known new contract companies to cleanse the management and keep the regular working so that none of the policies from the previous company would hold over. I have heard that some of the executives are from KBR also, so I guess they are influencing most of the hiring decisions. I just hope that ITT isn’t hiring most of the KBR Managers or even supervisors.
By way of personal relationships with many, I can for certain tell you all that a great many of the managers that have been hired by Fluor, and who are now working in A-stan are former KBR folks (failures mostly, and many one step ahead of HR issues). Many drink all of the time and are hung over and tired at work each day. Many have a ‘deployment bi-ach’ who tends to run over anyone they please, because they can, getting people fired or transferred elsewhere. And, don’t even think about getting rid of the incompetent, evil, neurotic person supplying the booze. It is amazing to me that anyone would buy stock in either company at this stage. Talk about exposure to lawsuits. All it would take is one news cycle to cover a tragedy due to poor management and that stock will tank.
Email me with specifics, ie….names. dates, places and I will forward it on the the appropriate investigators. Fluor has made their own bed by hiring KBR’s “good ole boys” starting with Bruce Stanski! This is their first big job, they get what they deserve.
All of those good ole boys will tell you that’s the way we do it back home and an expert in their respective trade. No doubt, the same construction issues arise as in Iraq. In retrospect, if I was one of them and my job prospects were poor back home, I would claim the same level of expertise as well to protect my job. They don’t care about the mission or the troops; it’s strictly about the paycheck. In short where is a person going to make that kind of money in the states with that type of tax exemption?
Also one rumor is Iraq Logcap might be turned over to Afcap instead.
(I edited your comment. There was too much personal information here. KBR would have been able to figure out who you were. I doubt they would have hired you after that.)
I am a former KBR Foreman-Manager-Camp (removed) Iraq-2005-I am being asked to go to Afghanistan by KBR in Jan 2010 as a (removed), was hoping for input on what to expect, whats the scoop with Fluor, DynCorp, I applied with both of these companiess never got a reply..
(personal email removed)
KBR is in full transition with Fluor and DynCorp. They are short staffed and continuing to hire. If you are in the North Fluor will pick you up during the transition. If you are in the south it’s a toss up on what will happen with the poor package DynCorp is offering a lot of the guys are going home.
I had been offer as Food Service worker by KBR on 16th April 2008 and on 22nd May 2008 I received a mail stating that “I need to inform you that per the Indian government, Indian citizens are not permitted to work on the LOGCAP project with KBR. I apologize, but this is not a KBR requirement, it is a requirement from the government of India.” From last year I am applying online to fluor but I am not receiving any reply from HR Dept.Please let me know the process of hiring.