STEVEN VIDAL, PHR

COVER LETTER AND RESUME

Dear Human Resources Professional,

If your company is seeking a dynamic and energetic, credentialed HR Professional, then please review my

cover letter and resume for consideration.

I have earned a Bachelor of Business Administration degree from the University of Houston and have earned

my certification as a Human Resource Professional through the Human Resource Certification Institute and

the Society of Human Resource Management. With my considerable experience in Human Resources, I am

quite confident that I will add substantial value to your organization. Please see the attached resume, which

summarizes my professional background.

In conjunction with my professional experience, I have also taught Human Resource Management classes for

HR professionals seeking their PHR and SPHR certification. The classes involve instruction in Management

Practices, Staffing, Employee Relations, Compensation & Benefits, Labor Relations, Training &

Development and Health, Safety & Security. These classes are organized and endorsed by the Houston

Human Resources Management Association.

Please contact me at your earliest convenience so that I may answer any questions that you may have and so

that I may demonstrate my competence and enthusiasm for your oppportunity. You can reach me at my

home address, email address or please feel free to contact me by way of my mobile phone at (281) 684-5757.

I look forward to hearing from you.

Professional Regards,

Steve Vidal Steven D. Vidal, PHR

STEVEN DOUGLAS VIDAL, PHR

2121 YUPON CIRCLE

PEARLAND, TEXAS 77581-3513

Mobile: 281-684-5757

Home: 281-997-9340

Email: steve@vidal.com

EDUCATION: University of Houston: Bachelor of Business Administration – May 1990

Rice University: Human Resource Management – May 1999

Human Resource Certification Institute: PHR Certification

EMPLOYMENT:

Vidal Holdings, Inc. (Houston, TX) 8/19/2013 to Present

Consultant: Leveraging my experience as a business leader in Human Resources, I have recently had the opportunity

to work with large and small organizations; helping them to retool and fine tune their HR organizations and how those

organizations relate to the overall business.

Direct Energy: Direct Energy, a multi-billion dollar enterprise and North America’s largest competitive

energy and energy-related services company retained my services to carefully review and harmonize their policies and

procedures. DE has expanded their market primarily through mergers and acquisitions; as a result of this lack of

organic growth, they are experiencing fragmentation in their business rules and operating procedures. Currently, I am

utilizing my project management skills in order to codify numerous policies, procedures and processes, working with

executives and department heads to ensure cohesiveness and feasibility.

Direct Energy also is experiencing problems with their separation and severance agreements. Because of the complex

nature of the agreements and the number of “moving parts”, the agreements are difficult to construct and cumbersome

to manage. To solve for this, I built a program that requires that very simple data fields be keyed. The program then

performs all of the necessary calculations and then constructs the separation / severance agreement; elevating this

process to a zero percent error ratio.

Austin Industrial: Austin Industrial, one of the largest industrial contracting companies in the United States

needed assistance with the integration of an applicant tracking system, selection & placement, employment branding,

employee relations, medical assessment, recordkeeping, maintenance and administration. As a 5000+ employee

industrial contractor with revenue in excess of 18 million per year, Austin Industrial has an annual hiring calendar of

more than 8000 craft employees per year.

As the iCIMS Implementation Project Manager, I had full scope, coordination and implementation responsibility for

the enterprise. We rolled out the iCIMS Applicant Tracking System ahead of schedule and the VP of HR stated that it

was the smoothest software rollout and integration that he had ever experienced in his career. Within five months,

Austin Industrial has experienced more applicant flow and effective applicant tracking than experienced in the five

years that Austin utilized the Taleo ATS system.

In addition to the implementation of the iCIMS ATS, I also implemented the use of the Vangent psychometric survey

system. Vangent is a validated pre-employment assessment that craftsmen would take as a part of the selection and

placement process. The assessment measures an individual’s propensity toward risk taking and risk aversion.

Through the use of this tool, Austin Industrial was better able to predict whether industrial craftsmen would sacrifice

safety in favor of other competing objectives.

Dish Network (Alvin TX, Denver CO); 8/11/2008 to 8/16/2013

Regional Human Resources Manager: Responsible for managing all aspects of the Human Resources function for

two locally operated, 900+ employee, customer service centers for Dish Network, a multi-billion dollar Fortune 200

company. Responsible for monitoring and evaluating all Human Resources practices and objectives throughout all

local departments. Coordinated the implementation and enforcement of policies, procedures and other HR related

objectives through Human Resources staff of eleven and an Operations Support staff of more than 100.

Dish Network Accomplishments:

2012 – Saved DISH more than $385,000 by reducing attrition

Managed unemployment claim arguments to a 94% win ratio – Saving DISH more than $500,000

Designer, Developer and Programmer of AppTrak – a proprietary applicant tracking system that was utilized

by various call centers in the enterprise to track applicants prior to the utilization of iCIMS

Assisted with iCIMS applicant tracking system implementation and roll-out

Managed high volume recruiting in a fast paced customer service environment

Managed internal selection & placement for candidates desiring transfer and/or promotion opportunities in

accordance with OFCCP requirements

Talent Planning Champion – utilized 9-box performance/potential assessment in order to identify and develop

personalized development plans for high-potential employees.

Enterprise power user with Success Factors, Human Capital Management software – which was used to track

employee progression during Talent Planning.

Developed HRIS system that tracks

o New Hire Candidates from application to hire (replaced by iCIMS)

o Internal Transfer / Promotion candidates

o Attendance and Punctuality of more than 3000 non-exempt employees on a daily basis

o Employee Discipline

o FMLA & LOA Requests and Usage

o WOTC filings

o Sarbanes-Oxley related investigations

Effectively defended Dish customer service centers under my charge against all EEO complaints; 100% win

rate!

Capital Management Services (Buffalo NY, Greenville SC, Las Vegas, NV, Houston, TX); 2/20/2006 – 8/8/2008

Director of Human Resources and HR Information Systems: Responsible for Human Resources in a multi-national

fiduciary specializing in asset and receivables management. Developed policies and procedures for company that grew

600% during the 3 years of my tenure. Reported to the Executive Vice President of Human Resources, the Corporate

President and the Chairman of the Board of Directors. Developed and managed PeopleTrak, a proprietary and

internally developed, fully functioning HRIS system that tracked the following:

Capital Management Services Accomplishments:

Managed and created 24,000 plus daily schedules on a monthly basis

PTO accruals with accrual exceptions for employees working less than scheduled effort in prior month

EEO Reporting and document generation

Attendance and Punctuality of more than 1000 non-exempt employees on a daily basis; automated

OSHA Tracking / Reporting: tracks and completes OSHA reports for recordable incidents

Monthly Performance Evaluations for more than 1000 non-exempt employees

Managed unemployment claim arguments to a 85% win ratio

Assisted with day-to-day payroll administration, including bi-weekly payroll processing, timesheet

review/corrections, and overtime reporting

Steven’s Deli. (Houston, Texas); 10/18/2004 – 2/10/2006

Owner: Owned and operated a delicatessen in Downtown Houston, which generated in excess of $250,000.00 in its

first year of operation. After nearly two years, I decided to move back to HR!!

CCCInteractive, L.P. (Houston, Texas); 3/20/2000 to 10/04/2004.

Director of Human Resources: Responsible for all aspects of Human Resources in a multi-million dollar third party

customer service organization. Originated all Human Resources policies, practices and objectives, providing balanced

processes and procedures throughout all departments. Coordinated implementation of policies, procedures and other

HR related objectives through Human Resources staff of six and an Operations Support staff of ten. Reported to the

President as the ranking Human Resources executive in the company. Assisted and advised senior management on

Human Resources issues.

CCCInteractive Accomplishments:

Identified problems with and corrected the following issues –

o Substantial errors and omissions regarding COBRA compliance,

o Extensive IRCA (I-9) paperwork violations,

o IRS Section 125 Plan Document and Election Forms violations,

o Absence of documented and verifiable performance evaluation process;

Created progressive discipline process that reduced risk exposures through consistency and fairness;

Created a systematic approach to TWC unemployment challenges: increasing favorable outcomes;

Designed & developed a computer program that tracks employee time and effort; reducing timekeeping errors;

Designed & developed comprehensive HRIS system that tracks all Human Resources functions;

Received favorable outcomes in all EEOC investigations.

Houston Area Safety Council, Inc. (Deer Park, Texas); 12/15/1997 to 2/25/2000.

Senior Manager Human Resources: Responsible for all areas of Human Resources for a multi-million dollar

teaching institution committed to industrial safety. Under the direction of the President of the Board of Directors,

designed and policies and procedures and directed and coordinated all human resource activities. Responsibilities

included: planning and organizing all activities of the Human Resource department, management practices, employee

relations, recruiting, selection & placement, training & development, benefits administration, 401(k) administration.

HASC Accomplishments:

Created a comprehensive employee policy and procedure manual within the first three months of employment,

Created and implemented the formal collection of 360° employee survey data,

Created an HRIS system by designing and programming a relational database within MS Access,

Conducted manager sex harassment training,

Initiated an employer match 401(k) retirement savings program, and

Negotiated improved medical, life and disability insurance coverage while saving the company money.

KENNETH BALK & ASSOCIATES, INC., (Houston, Texas / St. Louis, Missouri); 12/11/1995 to 12/12/1997.

Human Resources Manager: Responsible for functional areas related to the management of a multi-million dollar

Architecture, Engineering and Survey firm. Responsibilities include oversight of all areas of Human Resources

including: processes in hiring, coordination of temporary staff, EEO compliance, employee drug testing program,

benefits, salary administration, employee relations, best practices and training & development and the Health, Safety

and Security program.

ETR ASSOCIATES, INC., (Houston, Texas); 3/90 – 12/8/1995.

Human Resources Manager: Responsible for all areas related to human resources within the company; to include

acquisition and retention of staff, employee relations and training. Prepares annual manpower budget, resolves

employee disputes using employee Problem Resolution Process, prepares, rewrites and interprets ETR policies and

procedures. Also responsible for all other human resource functions not specifically mentioned.

PROFESSIONAL ACCREDITATION and

COMMUNITY INVOLVEMENT: Human Resource Certification Institute – Certified Human Resource Professional 1999

Houston Human Resources Management Association – Board of Directors 2000-2001

Society of Human Resource Management – Member

Rice University – Men’s Baseball – Public Address Announcer

Rice University – Men’s Basketball – Public Address Announcer

Rice University – Women’s Soccer – Public Address Announcer

Houston Dynamo Professional Soccer Team – Former Public Address Announcer

Sugar Land Skeeters Professional Baseball Club – Former Announcer and Emcee

Houston Aeros Professional Hockey Team – Former Public Address Announcer and Arena Talent

University of Houston – Men’s Baseball – Former Public Address Announcer

STEVEN VIDAL, PHR

HR CORE COMPETANCIES

The following pages detail my experience in the 9 HR Core Competencies.

Steven Vidal, PHR Core HR Competencies

During the course of my career, I have worked continuously to improve my skill set with regard to the

nine core HR Competencies, those being:

Human Resource Expertise and Practice

Relationship Management

Consultation

Leadership and Navigation

Communication

Diversity and Inclusion

Ethical Practice

Critical Evaluation

Business Acumen

Below is an accounting of each of the nine core competencies, with additional information which details

what I have accomplished in each.

Human Resource Expertise and Practice

Identifies ways to improve operational efficiency

Serves as the HR subject matter expert to supervisors, managers and executives

Implements HR operational strategy

Develops policies and procedures consistent with organizational values and goals

Applies policies and procedures across organization

Conducts investigations of workplace policy violations

Applies compliance knowledge to protect organization

Identifies, develops and implements HR technology plans

Aligns the delivery of HR services to proactively integrate with organizational initiatives

Ensures the delivery of high-quality HR processes

Provides expertise to support staff development and leadership training

Determines best practices to support organizational direction

Educates and advises executive team on strategic HR issues as a factor in decision-making

Aligns the delivery of HR services to proactively integrate with organizational initiatives

Assumes responsibility for HR and business outcomes

Relationship Management

Establishes credibility in all interactions

Treats all stakeholders with respect and dignity

Builds engaging relationships with all organizational stakeholders through trust, teamwork, and

direct communication

Demonstrates approachability and openness

Ensures alignment within HR when delivering services and information to the organization

Provides customer service to organizational stakeholders

Promotes successful relationships with stakeholders

Manages relationships in ways that promote the best interests of all parties

Champions organizational effectiveness to benefits all stakeholders

Serves as an advocate when appropriate;

Fosters effective teambuilding among stakeholders

Demonstrates ability to effectively build a network of contacts at all levels within the HR

function and in the community, both internally and externally

Consultation

Applies creative problem-solving to address business needs and issues

Serves as an in-house workforce and people management expert

Analyzes specific business challenges involving the workforce and offers solutions based upon

best practice or research

Generates specific organizational interventions (e.g., culture change, change management,

restructuring, training, etc.) to support organizational objectives

Developing consultative and coaching skills

Guides employees regarding specific career situations

Leads and guides managers during talent planning meetings, ensuring a minimization of bias

Leadership and Navigation

Exhibits behaviors consistent with and conforming to organizational culture

Understands and fosters collaboration on the most effective and efficient way to accomplish

tasks within the parameters of organizational hierarchy, processes, systems, and policies

Develops solutions to overcome potential obstacles to successful implementation of initiatives

Demonstrates agility and expertise when leading organizational initiatives or when supporting

the initiatives of others

Sets the vision for HR initiatives and builds buy-in from internal and external stakeholders

Leads the organization through adversity with resilience and tenacity

Promotes consensus among organizational stakeholders (e.g., employees, business unit leaders,

informal leaders) when proposing new initiatives

Serves as a transformational leader for the organization by leading change

Communication

Provides clear, concise, proactive information to others in verbal, written, electronic, and other

communication formats for public and organizational consumption

Listens actively and empathetically to the views of others

Delivers critical information to all stakeholders

Seeks further information to clarify ambiguity

Provides constructive feedback effectively, being sensitive to timing

Ensure effective communication throughout the organization

Provides thoughtful feedback in appropriate situations

Demonstrates an understanding of the audience’s perspective

Treats constructive feedback as a developmental opportunity

Welcomes the opportunity to discuss competing points of view

Helps others consider new perspectives

Leads effective and efficient meetings

When appropriate, helps managers communicate not just on HR issues

Utilizes communication technology and social media

Diversity and Inclusion

Has a strong set of core values while operating with adaptability to particular conditions,

situations, people and cultures

Maintains openness to others’ ideas and makes decisions based upon experience, data, facts

and reasoned judgment

Demonstrates nonjudgmental respect for other perspectives

Possesses self-awareness and humility to learn from others

Adapts perspective and behavior to meet the cultural context

Operates with a fundamental trust in other human beings

Ethical Practice

Maintains confidentiality

Acts with personal, professional, and behavioral integrity

Responds immediately to all reports of unethical behavior or conflicts of interest

Empowers all employees to report unethical behavior or conflicts of interest without fear of

reprisal

Shows consistency between espoused and enacted values

Acknowledges mistakes

Drives the corporate ethical environment

Applies power or authority appropriately

Recognizes personal bias and others’ tendency toward bias, and takes measures to mitigate the

influence of bias in business decisions

Maintains appropriate levels of transparency in organizational practices

Ensures that all stakeholder voices are heard

Critical Evaluation

Makes sound decisions based on evaluation of available information

Assesses the impact of changes to law on organizational human resource management functions

Transfers knowledge and best practices from one situation to the next

Applies critical thinking to information received from organizational stakeholders and evaluates

what can be used for organizational success

Gathers critical information

Analyzes data with a keen sense for what is useful

Delineates a clear set of best practices based on experience, evidence from industry literature,

published peer-reviewed research, publicly available web-based sources of information, and

other sources

Analyzes information to identify evidence-based best practices

Identifies leading indicators of outcomes

Analyzes large quantities of information from research and practice

Business Acumen

Demonstrates an understanding of the strategic relationship between effective human resource

management and core business functions

Demonstrates a capacity for understanding the business operations and functions within the

organization and aligns HR strategy, goals, and objectives to overall business strategy and

objectives

Understands the industry and business/competitive environment within which the organization

operates

Evaluates critical activities in terms of value added, impact, and utility derived from a cost-

benefit analysis

Understands organizational metrics and their correlation to business success

Serves as strategic contributor to organizational decision-making regarding fiscal,

product/service lines, operations, human capital, and technological areas

Develops HR business strategies to drive key business results

Markets HR both internally (e.g., return on investment (ROI) of HR initiatives) and externally

(e.g., employment branding)

Leverages technology to solve business problems

Examines all organizational problems with a sense for integrating HR solutions designed to

maximize ROI, profit, revenue, and strategic effectiveness

STEVEN VIDAL, PHR

WRITING SAMPLE

The following pages detail a recent position paper to the Equal Employment

Opportunity Commission in regard to a frivolous claim of discrimination. The

document is an example of my argumentative writing style, which met with a

favorable outcome from the EEOC. The names of all parties in the document have

been changed with the exception of my own.

June 10, 2011

Gabriel Cervantes

Federal Investigator

EEOC Houston District Office-460

Mickey Leland Federal Building

1919 Smith Street, 7th

Floor

Houston, Texas 77002-8049

RE: Charge Number – 460-2011-01234

Filed By – John T. Jones

Company: DISH Network, L.L.C.

1701 Fairway Drive

Alvin, Texas 77511

Company Representative for all further contact: Bill Smith, Vice President, Human Resources

9601 S. Meridian Blvd.

Englewood, CO 80112

Phone: 303-555-1234

Fax: 303-555-9876

Party Responsible for Position Statement regarding Charge: Steven Vidal, PHR

Human Resources Manager

1701 Fairway Drive

Alvin, Texas 77511

Phone: 281-756-5420

Fax: 720-55-9876

Statement of Principal Product: DISH Network’s (DISH) principal product is Direct Broadcast Satellite TV service to

residential and commercial customers.

Current number of employees at the 1701 Fairway Drive location = 742 as of June 10, 2011

Charge #: 460-2011-02314

Claimant: John T. Jones Investigator: Gabriel Cervantes

Page 2 of 7

Dear Investigator Cervantes,

As the Manager of Human Resources for DISH Network’s Alvin, Texas Customer

Service Center (“DISH” or “DISH Network” ), in regard to the above referenced Charge

(Attachment I – EEOC Charge; 2 pp), I submit to you our position as follows:

DISH denies all allegations of illegal behavior asserted by Mr. John T. Jones. DISH

Network has treated Mr. Jones fairly and in a non-discriminatory manner at all times. All

actions taken with respect to Mr. Jones’s employment have been based on legitimate,

business-related, non-discriminatory reasons.

Discussion:

Mr. Jones was terminated on or about March 23, 2011 based on Mr. Jones’s serious

breach of the DISH Network’s confidentiality policy (Attachment II; 1 pg). The

decision to terminate Mr. Jones was based on legitimate business reasons. We, therefore,

reject Mr. Jones’s individual and collective claims of illegal retaliation and discrimination

based on any disability, either real or perceived, that Mr. Jones may have had.

Regarding the Particulars:

Paragraph I: Mr. Jones asserts that Kenneth Smith, Mr. Jones’s immediate manager,

repeatedly asked Mr. Jones if he would consider stepping down to a less stressful

position. This statement from Mr. Jones is true. Mr. Smith did ask Mr. Jones if he was

interested transferring to a less stressful position. Mr. Smith was concerned for Mr.

Jones, because Mr. Jones was suffering with some health related issues. Concerned that

the high stress of a supervisor position may have been exacerbating Mr. Jones’s medical

condition, Mr. Smith offered reassignment as a caring and compassionate option. This

was not presented as, nor was it intended to be, any kind of punitive or discriminatory

action. This option was simply presented to Mr. Jones. Mr. Jones did not elect to pursue

the option and it was not involuntarily forced upon him.

Paragraph II: Mr. Jones states that:

“After some consideration, I came in on March 23, 2011 to pick up the FMLA

paperwork from Steve Vidal, Human Resources Manager. On March 23, 2011,

Mr. Vidal terminated my employment. According to Mr. Vidal, I was discharged

because I provided a written statement to an ex-employee who was applying for

unemployment. Incidentally, Mr. Vidal had given me permission to give the

written statement to the ex-employee.”

While Mr. Jones and Mr. Vidal did meet on March 23, 2011, both parties actually had a

meeting prior to March 23, 2011 that is germane to this matter. Mr. Jones approached

Mr. Vidal about his concerns regarding a former employee in the days prior to March 23rd

(the most likely dates of this meeting are either March 15, 2011 or March 16, 2011). Mr.

Charge #: 460-2011-02314

Claimant: John T. Jones Investigator: Gabriel Cervantes

Page 3 of 7

Jones articulated concerns that he was going to be subpoenaed by David Bingham in

order to have Mr. Jones testify at a trial. As Mr. Jones gave more details about his

concern, it became apparent to Mr. Vidal that Mr. Jones was referring to a Texas

Workforce Commission Telephone Hearing and not a trial.

It was then explained to Mr. Jones by Mr. Vidal that witnesses are not subpoenaed to

these hearings; they generally appear on a voluntary basis. Mr. Vidal also attempted to

assuage Mr. Jones’s concerns, stating that he had nothing to worry about. If a former

employee or claimant for unemployment benefits ever wanted to call him to testify at a

hearing as a witness, that Mr. Jones would just come to Mr. Vidal’s office and answer

some questions; from the hearing officer, and possibly questions from the claimant and

then questions from the employer’s representative. It was also explained that it is just a

hearing and not a trial – so it is a pretty straightforward process. Not once during this

initial dialogue regarding the Bingham Matter did the notion of preparing a written

statement on behalf of Mr. Bingham become a part of the discussion.

On March 23rd

, Mr. Jones did attend a meeting, at approximately 10AM, in order to

discuss FMLA options. Again, this was at Mr. Vidal’s urging. Mr. Jones agreed to the

notion of applying for FMLA protected leave and the paperwork process to have him

certified as having a serious health condition was initiated.

During the afternoon of March 23, 2011, shortly after 3PM and well after Mr. Vidal’s

meeting with Mr. Jones, Mr. Vidal received a fax transmission from Thomas and

Thorngren that was pursuant to an upcoming telephone hearing. Thomas and Thorngren

is the third party representative for DISH Network as pertaining to unemployment claims

throughout the United States. The fax transmission contained a letter that appeared to

have originated from Mr. Jones. This was evident because the letter had been signed by

Mr. Jones (Attachment III; 2 pp). As previously stated, this letter contained

confidential information that Mr. Jones was not authorized to produce or distribute. After

comparing the signature on the letter to other known signatures that were produced by

Mr. Jones, it seemed reasonable that Mr. Jones generated the letter.

As a result of this finding, shortly before 4PM on March 29th

, Mr. Vidal corresponded

with his supervisor, Kathy Simpson, Senior Human Resources Manager – West Region in

order to make her aware of the situation. Ms. Simpson directed Mr. Vidal to compare

signatures with previous signatures on file. Mr. Vidal communicated to Ms. Simpson

that this comparison had already been done and the signatures appeared to match. Ms.

Simpson directed Mr. Vidal to call Mr. Jones in order to ask him about the letter.

Mr. Vidal came to find, in speaking with Mr. Jones, that Mr. Jones did produce and sign

the letter that was written on behalf of David Bingham. Mr. Vidal asked Mr. Jones why

he would think it acceptable to produce such a letter. Mr. Jones responded that he

produced the letter based on the conversation that he had had with Mr. Vidal previously

(on March 15th

or 16th

mentioned above). During the call on the afternoon of March 23,

Charge #: 460-2011-02314

Claimant: John T. Jones Investigator: Gabriel Cervantes

Page 4 of 7

2011, Mr. Vidal clearly stated to Mr. Jones that he and Mr. Jones had never discussed the

notion of Mr. Jones producing a letter on behalf of any former employee. The only topic

that they had discussed was the possibility of Mr. Jones participating in a telephone

hearing. During the phone call on the afternoon of March 23, 2011, Mr. Jones did not

express any disagreement with what Mr. Vidal had stated. Therefore, the assertion made

by Mr. Jones, that he was given permission to give a written statement, is false.

Mr. Vidal then reported to Ms. Simpson that without authorization and of his own

volition, Mr. Jones produced, executed and distributed confidential information, in

written form, regarding the work history, performance and circumstances regarding

David Bingham’s separation with DISH Network to an outside entity (Attachment III; 2

pp). The production and distribution of this written document was considered a very

serious violation of the DISH Network Confidentiality Policy and Conflict of Interest

Policy.

Ultimately, in weighing all of the facts, Senior HR Leadership determined that Mr.

Jones’s violation of the DISH Network confidentiality policy was severe to the extent

that DISH decided to exercise its exclusive and discretionary right to terminate Mr. Jones

as a result of his work related misconduct.

This was communicated to Mr. Jones during the evening of March 23, 2011 via telephone

call from Mr. Vidal to Mr. Jones shortly after 6PM. At the time of the conversation, Mr.

Jones did not object to the basis of the termination. In fact, Mr. Jones asked if he could

have another chance, that he had just made a mistake. He then asked if there was anyone

else that he could talk with regarding the matter. Mr. Vidal communicated to Mr. Jones

that the decision to terminate the employment relationship had come from Senior HR

Leadership, nevertheless, Mr. Vidal stated that Mr. Jones could still avail himself to the

“Open Door Policy” – and speak with a member of senior management, or to “My Safe

Workplace” if he desired to claim a grieved status. Mr. Jones did not and has not made

use of either of these options.

Paragraph III: Mr. Jones asserts that he has been discriminated against in a manner that

is in violation of the Americans with Disabilities Act of 1990 and that he has been

retaliated against for taking FMLA. DISH Network strenuously denies these claims

made by Mr. Jones. Mr. Vidal urged Mr. Jones to apply for protection under the Family

Medical Leave Act so that any attendance occurrences that Mr. Jones experienced as a

result of his medical condition could be exempt from any possible escalation in

discipline. As mentioned above, Mr. Jones was actually resistant to the notion of

applying for FMLA. He only did apply as a result of the imploring of Mr. Vidal. Also as

mentioned above, a meeting was set for March 23, 2011 for Mr. Jones to come to the

office and complete the necessary steps to certify Mr. Jones under the Family Medical

Leave Act.

Charge #: 460-2011-02314

Claimant: John T. Jones Investigator: Gabriel Cervantes

Page 5 of 7

The notion of having Mr. Jones apply for FMLA came at the urging of the company and

not from Mr. Jones. Mr. Jones had to be convinced that making use of Intermittent

FMLA was the best course of action, given the present circumstances. We assert that the

notion that DISH would terminate Mr. Jones as a result of his application for FMLA is

inconsistent with the facts as they have been presented and is, therefore, baseless and

without merit.

About DISH

DISH, formerly known as EchoStar Satellite L.L.C., is headquartered in Englewood,

Colorado where it serves more than 14 million satellite television customers through its

DISH Network® service, and is a leading U.S. provider of advanced digital television

services. DISH Network’s services include hundreds of video and audio channels,

Interactive TV, HDTV, sports and international programming, together with professional

installation and 24-hour customer service.

DISH recognizes that each one of its approximately 25,000 employees nationwide –

regardless of protected status – is critical to the Company’s success. Toward that end,

DISH vigorously maintains EEO policies, including anti-harassment and anti-retaliation

policies, designed to prevent unlawful discrimination in the workplace. Furthermore,

DISH maintains an “Open-Door” atmosphere and encourages employees to voice work

related ideas, issues, and complaints. DISH’s commitment to its Open-Door practice is

found in multiple posters displayed throughout the Company and in its Employee

Handbook.

DISH’s Equal Employment Opportunity Policy

“DISH Network is dedicated to the principles of equal employment opportunity in any

term, condition or privilege of employment. We do not discriminate against applicants or

employees on the basis of age, race, sex, color, religion, national origin, disability,

veteran status or any status protected by applicable law. This prohibition may include

harassment based on any protected class or classes. Harassment may include verbal or

physical conduct which has the purpose or effect of substantially interfering with an

individual’s work performance or creating an intimidating, hostile or offensive work

environment. This policy applies to all employees including managers, supervisors, co-

workers and non-employees such as customers, clients, business partners, vendors and

consultants.

DISH Network prohibits retaliation against any employee for filing a good faith

complaint under this policy or other policies or for cooperating with an investigation in

good faith. If you believe there has been a violation of this EEO policy, immediately

report the incident to your supervisor and/or your Human Resources representative. They

may investigate the matter and take appropriate corrective action. Your concern will be

kept as confidential as practical. If the Company determines that an employee’s behavior

Charge #: 460-2011-02314

Claimant: John T. Jones Investigator: Gabriel Cervantes

Page 6 of 7

is in violation of this policy, appropriate disciplinary action may be taken against the

offending employee, up to and including termination of employment.”

Further Detail of Mr. Jones’s employment With DISH

DISH maintains and strictly enforces its Equal Employment Opportunity policy. DISH

bases its employment decisions on legitimate business needs and concerns. DISH

employs thousands of employees who represent myriad of protected classifications. As a

Company, we recognize that our success is dependent on skill set, individual

contribution, the ability to get along with your coworkers and communicate with our

customers, and other non-discriminatory factors.

For the record, DISH would also like for it to be known that Mr. Jones’s application and

consideration for unemployment benefits that resulted from his discharge from

employment was met with a favorable ruling for the employer from the State of Texas.

The Hearing Officer for the State of Texas found (Attachment IV; 3 pp):

“The employer discharged the claimant for violating the employer’s

confidentiality policy. The claimant knew of or should have known about the

policy. The claimant released a written statement on behalf of a former employer

[employee] to the Commission about the circumstances surrounding a work

separation. The claimant [Mr. Jones] violated the policy.

The claimant clearly violated the employer’s policy. The claimant violated a

policy or rule adopted to ensure the orderly work and safety of employees, which

constitutes work-connected misconduct as defined by the Act. Therefore, the

determination dated April 15, 2011 holding the claimant disqualified from

receiving benefits under Section 207.044 of the Act, beginning March 27, 2011

will be affirmed.”

Therefore, as evidenced by the arguments presented in this document and as evidenced

by the finding of fact by the Texas Workforce Commission, DISH Network has

demonstrated that it has treated Mr. Jones fairly, ethically and in accordance with all

laws, statutes and ordinances – to include the Americans with Disabilities Act of 1990, as

amended, and the Family Medical Leave Act. We therefore, respectfully request that the

Commission dismiss all charges without prejudice or encumbrance.

Sincerely,

Steven Vidal, PHR

Manager of Human Resources

DISH Network

Charge #: 460-2011-02314

Claimant: John T. Jones Investigator: Gabriel Cervantes

Page 7 of 7

INDEX OF ATTACHMENTS

Attachment I – EEOC Charge; 3 pp .............................................................................1

Attachment II – Confidentiality Policy; 1 pg ...............................................................1

Attachment III – Signed Statement of John T Jones; 1 pg .........................................2

Attachment IV – Texas Workforce Commission Appeal Tribunal Decision; 3 pp ..2

STEVEN VIDAL, PHR

LEADERSHIP PHILOSOPHY

The following page details my thoughts on leadership and management style. My

Leadership Philosophy is at the very bottom of the page.

Leadership

In Leading, I will…

…possess the Courage to stand alone when circumstances warrant;

…perform my duties with Honor, knowing that doing the right thing isn’t always the easy thing;

…exhibit unflagging Integrity, even when no one is looking;

…demonstrate Loyalty to my company and my coworkers;

…influence my team and my peers through Example; if I’m not willing to do it, why should they.

As a Leader, my Job is to Inspire others.

If I am able to inspire others…

…to do more than they thought that they could,

…to learn more than their perceived capacity,

…to become more than they thought possible,

then, and only then am I a leader!

"You can accomplish anything in life as long as you don't mind who gets the credit."

~Harry S. Truman

STEVE VIDAL LEADERSHIP PHILOSOPHY

I am committed to my team. I will lead them by setting an example that

exemplifies honesty and integrity; giving relevant and constructive feedback at

the appropriate time, so that my team can effectively meet the needs of our

customers and thereby achieve individual, Team, Department and Enterprise

goals.

STEVEN VIDAL, PHR

LEADERSHIP COMPETENCIES

The following page details my Leadership Competencies; where I pride myself on

building the business, leading my team & my internal customers… and delivering

results!

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STEVEN VIDAL, PHR

KEY LEADERSHIP TRAITS

The success of any manager comes, primarily, from four traits: Energy,

Intelligence, a Results Driven Mindset and Managerial Effectiveness.

ENERGY

I always demonstrate passion and drive for work activities

I am more productive than my current peer group in overall work

accomplishments

I handle extremely large amounts of work effectively and efficiently without

tiring or sacrificing quality

I always work extremely effectively in a fast-paced environment

I maintain maximum effort and enthusiasm in the face of challenges

I demonstrate an extremely high level of energy throughout the work day /

week; I rarely tire

I inspire my team and peers because of the pace that I maintain

INTELLIGENCE

I quickly solve complex problems, often with simple solutions

I use sound reasoning to arrive at highly logical conclusions especially when

faced with variable or incomplete data scenarios

I always considers the pros and cons while evaluating a problem, from

multiple perspectives, and I understand the impact of my decisions across

different organizations within the enterprise

I routinely generate innovative ideas or new ways of doing things that

improve the business

I make sound decisions that result in positive outcomes for the organization

RESULTS DRIVEN MINDSET

I set very challenging performance goals and routinely deliver results which

exceed those goals

I persevere to always achieve goals and produce exceptional results; using

highly developed influence skills to ensure that no obstacle deters me from

reaching my goals

I always exceed customer service expectations

I seek out leadership roles on initiatives, assigned responsibilities, and

important projects

I actively engage in new assignments and I view them as valuable

opportunities

I always demonstrate a desire to succeed in all endeavors

MANAGERIAL EFFECTIVENESS

I embraces and advocate the culture

o I have uncompromising quality standards and I remove obstacles,

ethically and honorably, in order to reach those standards

o I seek new experiences; I quickly adapt to changes in priorities or

approaches; I play to win!

o I sets high goals; relentlessly striving to achieve great results

I own key messages and I hold people accountable

o I set and articulate high expectations

o I visibly demonstrate personal ownership of decisions, actions, and

consequences

o I actively manage employee performance, releasing underperformers

when necessary

I consistently improve the talent for the company

o I continuously seek, select, develop, and deliver top talent for my

team and my internal customers

o My subordinates regularly follow my example

o I coach employees by providing exceptionally sound feedback at the

appropriate time, improving performance problems and facilitating

development

I have a reputation as a leader for whom to work

o I routinely recognize and reward individual and team

accomplishments

o I establish and maintain uncompromising trust and credibility with

my team, other employees and my business partners

o I create a work environment that attracts and retains employees who

perform