Retaliation #1
Deceive The Advertisers or Lose Your Job

December 6, 2002 Kempf to Fontaine "I apologize too if I've been strident or even acted like and out and out asshole."
May 16, 2003 Fontaine to Kempf "Do you know what it feels like to be puched in the stomach? That's how I feel right now. And that's too bad because I work awfly hard, and I don't give anyone any shit."
May 20, 2003 - Fontaine receives an email from Peter Meyer forwarding a letter to all Dow Jones staff from a Mr Peter Kann, regarding integrity. Peter Meyer writes "I want to share with you the email below from Peter Kann that was sent to all Dow Jones staff and affiliated companies. Peter eloquently restates Dow Jones' editorial mission and values, which beautifully capture our beliefs here at Cape Cod Times" Kann's letter states "no complaint from any reader, subject or source, whether about fact or fairness, ever should be ignored.  Complaints sometimes may lack merit, but they all deserve an honest hearing."
May 21, 2003 - Kempf emails the $100,000 Century 21 Advertising Proposal he wants Fontaine to present to the 10 C21 Owners. (with numbers so rediculous that even the wording of his email shows they are not accurate) " Bottom line:  it's a shared risk approach. VERY IMPORTANT: I need you to support the 100k impressions/month baseline.Trust me, Bob, we will get there and quickly." The FACT is Kempf is representing that C21 will receive 1/3rd of our 50,000 SMAD MLS searches, and that would mean 17,000 per month - while they wrote it differently so as to deceive these advertisers, thats' what the 10 C21 owners understood. We never got close to 17,000 TOTAL - EVER.
May 22 , 2003 - Knowing it's a lie, I refused, responding to him "It's not my business what you have me tell them on behalf of CCT or yourself. But i'm concerned about having my name on a contract proposal that suggest that "50,000 impressions a month" is based  on May, 03 figures.
May 22, 2003 - The exchange goes back and forth, in writing, until Kempf acknowledges MY point that not only is it a lie, be we would certainly get caught in a lie, so he writes me "Ah, I see what you mean about the May figures.  I will change the language to reflect "anticipated" June page impressions."

THAT IS A KEY STATEMENT! He knows the numbers are false, so instead of risk getting caught in the lie, THEY HAVE A SOLUTION, he well change the language to indicate it is just an "estimate". Because, as Cape Cod Times has argued against me in court "estimates" are not actionable.

Soon after these exchanges Kempf calls me into his office and tells me to "sit your ass down in that chair" tells me "you will present this offer to them or I will write you up". The entire office could hear the yelling, even with his door closed.

June 19, 2003 Fontaine email to Meyer "I’ve told Mr. Kempf that I wanted to speak with Molly several times since a “situation” came up at the end of May and he has since told me that he relayed this to her, but I have not heard from her as of yet. There is a situation relating to the C21 Group that could potentially turn into a serious problem for the company. I will wait till I hear from Molly to get into the details, so as not to offend anyone."
June 19, 2003 Meyer responds "Thanks for your message. Sounds like you and Molly need to talk soon.  I will let her know you are waiting for a little chat."
June 30, 2003 Fontaine to Molly Evans Subject: "Re: He wins. I finally came home and threw up" and "But I just got home and got sick... so I'd rather be broke than dead." and "He is not going to let me work in peace. He won't let it happen." and "Somethings got to break..... and it looks like he's going to win and it's going to be me. p.s. I respectfully disagree that his overcharge of C21 was unintentional. And will prove same if need be."
July 15, 2003 Fontaine to Molly Evans "Hi Molly. Given a choice, i'd prefer my discussion with you be between us. We are at a sensitive stage, and i'd hate to deal with another blowup if I can avoid it".

C21 ended up paying $1,00 per search instead of the $.17 they had negotiated. $140,000 worth. They just cant figure out HOW, yet. I know how.

It is MOST telling that Molly Evans now looks back and describes these communications in her deposition as "He wasn't selling. He was not happy at his job. He was difficult to manage, and he was a poor performer in the sales arena, which was his primary function" and "He sent rambling e-mails in the middle of the night, long and full of hate and misery that Bob Kempf had to read and deal with"

It's interesting how the person who does the right thing is demonized, yet all the conspirators are promoted within the company. I think Mr Kann would be very disappointed with the ethics of several layers of Cape Cod Times Management. But it wouldn't be just local management that let C21 and dozens of other loyal advertisers down - as I will detail further on.....

They teach their Managers right out of the gate! May 5, 2005. Discovery Documents show Kate McMahon, who had been a part-time salesperson working alongside me in the Internet Department until becoming The Internet Manager upon Kempf's departure on January 1, 2005 - well she felt compelled 5 months into her new job on 5/5/05 -  to make a document described as "Kate's note to file" where she writes about a meeting I had with her regarding a domain name I own, CoBrokers.com and how I mentioned I might have a bunch of other brokers that we can do real estate business together. Since I specifically negotiated the right to utilize my real estate brokerage during the sale of my business to this media company, and it is so noted in the signed agreements, I have to wonder why this busy manager would be spending her time concerning herself with my business - why is that on file - do they keep such records for the other 300 employees?. As it was, the Times was quite aware that they had me spending all my hours working on THEIR business... They signed the check for my Comcast Home Internet Bill every single month for years!  Hence, my "victory" at being able to continue my reral estate brokerage  was a moot point, as CCT took all my time... and I never had the opportunity to gain income from my real estate license during the deal.

January 5, 2006 - With 200 other clients as his responsibility, Fontaine was dealing for 2 weeks trying to appease advertiser Chuck Tuttle who needed to be given alternate advertising to make up for the thousands he paid CCT the prior year, but CCT webmaster had used the wrong web address, so he got nothing. This required MLSStudio connection, but days earlier Kate Mcmahon informed us that the owner of MLSStudio , Mike Caron had informed the Time he was finding other employment. Not good news when for the prior 3 they had Fontaine sell MLSStudio program to 60 of the busiest real estate agencies on Cape Cod. Caron was not too eager to help connect the wires for Tuttle, and and Kate insisted that Fontaine blame Tuttle's vendor for the problem, which was not the case. Fontaine became so stressed that he left that meeting and drove to CC Hospital where he was held overnight and sent to heart specialists.

January 5, 2006 . Human Resources Manager Leslie Terry writes in a document turned over via Discovery - She quotes Fontaine calling from the Cape Cod Hospital "reason for stress attack" was because of a conversation w/Kate went into ********  about not wanting to lie about things to a customer". Leslie ads "Doesn't care if we don't pay him at this point, just wants to live".

Kate McMahon's notes say "the comp-rep.. he said is sounded more like a guy that was unhappy with a decision at work"

January 19th, 2006 - Having worked between 60-70 hours weeks, having requested help from CCT management in writing virtually hundreds of times, with nothing ever ever ever even dicussed with me other than "I]m working on it" - I file a formal complaint with the US Department of Labor, asking for an investigation into my status under Fair Labor Standards Act.

January 23, 2006 - not allowed back to work until I could provide a Dr's note, I return on January 23rd and Meyer has me meet with him and Kate in the upstairs offices. Peter and Kate both jump into the idea of offering me a small severence package to leave. I explained I was not interested in leaving, that the employment agreement was in exchange for the purchase of my business. Then Kate says that while I was out sick, they had gone through my computer, and found a file named "TermsOfUse.com" a domain name I own, and they explain they dont want me doing  personal business on company time. As perverse as it was for them to be talking to me about doing MY business on THEIR time, had they asked Kempf they would have know that TermsOfUse.com had been a folder I used to suggest "Fair Housing" for the website, which had none. I had been a broker for a dozen years and there was nothing on the website, which Craigslist had just been in the news and had gotten sued for discriminatory advertising on their website. That was understandably a wonderful employee experience - having the president allow my direct boss whom I just accused of lying to try and make me look as bad as she could. Just as they had done when Kempf was ripping advertisers off.

Jan 31, 2006 -  Several of the 10 Century 21 franchise owners had recently been contacting me at home and at my CCT number - most had been clients long before my dealings with CCT. Jamie Regan was President of the CCAOR during this deal, Doub Azarian was President of the Massachusetts Association of Realtors - these were not stupid people. They were questioning why their leads were drying up, why no traffic to their websites. They were not happy - Neither was I - I was having to defend a fraudulent contract that I had to participate in or else lose my job. Having written to CCT some 20 times since the C21 deal in 2003, explaing that C21 and others were being overcharged thousands every single month, on January 31, 2006 I contacted Dow Jones and filed a Whistleblower Complaint.

February 2, 2006, Kate requires that I sign another letter they had drawn up which manages to accuse me of claims so clearly retailiatory in nature that I have listed that letter under it's own heading "RETAL1". From stealing company time to reminding me of my job expectation, claim I was unable to sustain in even simple tasks,  to my complaining about customers being overcharged to suggesting I am working against the Cape Cod Times. They even manage to accuse me of not informing Kate about my medical situation, whil I was out having that very issue checked by specialists.They write about how I am not happy working at the Times - Gee, wonder why?They are clearly trying to establish that I am the one with the ethics problem, not them.

February 3, 2006 based on my Whistleblower Complaint, I meet in Hyannis with ED LAYBACK, CHEIF AUDITOR DOW JONES and Kelly Novak. I explain to both of them that Kempf absolutelt tried to steal from C21 and had. That Molly Evans and Peter Meyer were fully aware of my claims when the contract was being presented.

February 25, 2006 - I send email to Kate explaining that Doug Azarian of C21 had caught me at home the night prior and was again questioning the contract. He wanted to now know what the actual stats were, were they getting the 17,500 a month for the prior few years that had been told to them. Obviously they hadn't. He suggested other C21 owners were not very happy and that it was going to come to a head.

March 29, 2006 - Agent Carl Loria of the US Department of Labor comes to CCT for his investigation of my Overtime Complaint. Virtually every possible Cape Cod Times document and written statement classifies me as a salesperson, regardless of the fact that I am credieted with selling $$950,000 of the $963,000 in total sales during my contract with Cape Cod Times, he writes in his final report "The firm considers him their real estate manager with full responsibility for the online real estate business including supervision"  Try finding that in the employment agreement or job description they had the time to 'revise" 5 times. Inside Sales are not exempt, Managers are.

March 29, 2006 - 3 hours after the DOL leaves the CCT Offices, CCT leaves yet another warning letter on my desk! Ironically, this warning was in regard to my overtime and not having clients contact me at home, as well as my failure to turn in Sales Call Sheets. They had JUST told DOL I was NOT sales, DOL wasn there because of the thousands of hours of overtime I had worked and the hundreds of times I had written to management to complain of it. CCT had signed a reiumbursement check every month for years for my home internet connection, knowing I was working all hours all the time, never trying to help me, and here they are going to ast surprised that its taking place. Here I am complaining to DOL about them requiring me to do the work and when DOL leaves they threaten my job for the behavior they required!

April 21, 2006 - Kate called me in her office and asked me to close the door and sit down. She claims that she was told by a relaible source that I was talking with Bryan - the webmaster - about bringing the company down. I told her I had no clue what she was talking about. Right after the meeting I mentioned it to Bryan and he said he had no idea what she was talking about.

April 25, 2006 - Kate leaves yet another warning letter on my desk which again claims :"your declaration to take the company down is unsettling and creates a hostile environment where colleagues are fearful for what you might do next". and "your actions threaten violence'. So now apparently its "colleagues" plural. However, discovery shows that it was actually Peter Meyer who wrote this letter, so i dont know if it was HE who's "reliable sources" the letter refers to or Kate, But after having denied the rediculous claims I hired an Employment Attorney ourt of Boston to write up a letter demanding I be able to confront my accuser to deny these accusations, as the Employee Handbook suggests is the way to resolve the matter.  I met at the HR Manager's office with Leslie Terry and Kate Mcmahon, and expected to meet these "reliable source colleagues" - but to this date the Times has been unwilling (or unable) to identify them.

CLEARLY had there been such a complaint from multiple employees, it would warrant any employee being immediately walked out of the building and reported to Barnstable Police. No, instead, this was just a series of attacks to make my job so untennable that it would be imposssible for me to continue working.

They have in effect established and document several instances where they can show the ethical lapses and unreasonable behavior of a time stealing, violent employee. Problem is, if you look deeper, they are actually just protecting themselves from the truth. They lose!

The Retaliation Letter:

To FontainevCapeCodTimes.com