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Hello from Kuwait, I am an American working on an Army Base as a contractor for ITT Systems Division as a skilled labor equipment operator and truck driver. Recently our administration put down an edict establishing every expat (American or Brit) as a team leader. The rest of the group, 3 Indian nationals, are the ones I am "in charge of." However, in the past three weeks, a rash of accidents have occurred, probably due to the fact that the Indians were kind of put off with this. One individual was threatened and was on the very edge of being fired when one of his Indian ground guides and the Indian driver bumped into another tank. Nothing was damaged, and the incident was reported. But the PM project head was so mad at the "rash of accidents" he threatened to fire the American Team Lead on the spot. There is nothing in the contract stating anything about team leads and being responsible and liable for another worker's actions. Can this PM do this. I will quit the contract
State/Country relating to Question: Kuwait Already Tried: I have a good friend who is the Transportation Manager and he is the one who hired me. His answers and those of my supervisor are in conflict, and I just want to know what the contractual law fact is in terms of breaching a contract by summarily adding job functions or management responsibilities from negligence and liability of other workers and their actions, including in sutu responsibility even when you are not present, this Project Manager who is a retired Army Colonel thinks he can wave his wand an fire a skilled labor employee by making him responsible for the accidents even when he has not committed the accident, whether present, involved as a ground guide or a driving escort??? Please let me know as a new contract is coming up and I am thinking on saying take this job and shove it. This is on a US Army base in Kuwait
Hi from the US - it's late here (11:21 pm PST), but I wanted to get started on your question.
First off, what does PM stand for?
And second, are you saying that the employer is giving you supervisory and related duties that are beyond the scope of your employment contract?
I'll catch back up with you in the morning!
A PM is the project manager. Secondly, yes, the employer is bestowing supervisory authority and related management duties beyond the scope of my employment contract. Yes. I briefly talked with my father and he says the company is nuts and the management is trying to take the heat off of their level of responsibiity and transferring it upon the American or Expatriate worker, who is on the lowest eschelon of the organizational ladder. In no way do we have any supervisory or management powers whatsoever, other than basic negligence and liability for one's own work actions. Thank you, as there is a very bitter mood here with all the workers, and the company does have an ombudsperson, which I am trying to contact now. Thank you.I am off on a two day weekend, and the regular lead will be back on Monday, he has been on vacation for two weeks. SiincerelyTodd W. Carson
Dear XXXX Procopio,
I am an ITT systems division heavy mobile equipment driver contracted in Kuwait. Recently, our PM has put down a safety crackdown, due to the rash of accidents in the past 4 weeks. In fact, he was so upset with the accident rate, he put out a response to stop all FN nationals from operating ANY GFE equipment at all. Periiod. Well, within the hour that rule was rescinded, and now all expats will be a team lead in all GFE equipment or vehicles, or serve as a lead escort and now is fully responsible for the three FN nationals in his team. Again, as two recent accidents happened, one where an on base convoy was occuriing, the FN drove an issue humvee into the base fence line, 17,500 USD damages. Another occurrence happened in the yard and an 88 tracked vehicle pivoted when it should have gone straight, and the proper ground guides gave proper signals.
This second case, a brand new expatriate worker faced the PM with his team, supervisor, leads and was on the absolute verge of losing his job. I think the supervisor stated he was within seconds of being fired, and then spared. The other accident is pending the accident review board, and believe me, Ron is very worried he might be fired, and he was not anywhere near the accident scene, and he is being co blamed in responsibility.
Well, I am a very educated man, and have many years experience with contract law, and have contacted two lawyers in the states, one in contract law and one in Federal law. I am awaiting their response. I have also sent for legal advise here in Kuwait. I am absolutely positive there is no such supervisory, negligence or liability position in my contract, and I absolutely refuse to be a "team lead" and be summarily responsible for the actions of another worker. I simply won't do it. I am ready to be fired over this position, and if ever faced with the PM, I will stand absolutely resolute in my position and will also have my legal counsel on retainer. I have dealt with KBR in 2004, and I am fully prepared for a legal response.
All I want is to be treated fairly, and this project is completely out of control, and the scare tactics and intimidation are forcing hundreds of employees to flee the project, and I have applied for over 15 positions to other projects and other positions in Kuwait, since May, and had one offer from Colorado Springs, that was on August 14, but on August 15, I believe the PM here stopped all transfers and job offers to anyone here in Kuwait due to the extreme attrition rate. Now, he is further agitating the situation by trying to "scare us safety straight" and the actual response is polarly opposite to what he has intended. I have only to wonder if this Colonel Scott really has ever managed civilians before. I don't need an answer for that, but knee jerk negative responses on base have been plenty, including a "sick walkout" of an entire QC work division save one employee who showed up that day.
There you have it. My immediate supervisor is Cleveland Braxton, the Transportation Manager is Bob DuPlissey, a former co worker with me at KBR, and the project is here in Kuwait at Camp Arifjan. I do not like to be without preparation, but my team shows indications of just not doing their job, including giving me a hard time about even doing ground guide work, and I want to cover my behind now. I simply need an answer to the legality of what supervisory liability I do have, and I am positively sure I do not have any whatsoever, and the leadership here needs to know this and a letter stating this must go directly to them without any delay.
Thank you XXXX XXXX.
Sincerely Yours, Todd
I won't put up with this nonsense, and I am fully a consciensious worker, try to do all safe acts at all times, but working night shift does have it's hazards, and also the equipment we use is very hard to see out of. And productivity is always on the management's breath. Please respond quickly, and I am already seeking legal advise.
This letter should give your some whistleblower "cover". I think you're on the right track. Just as an fyi, if there's currently no union, you should have every right to form one or join with an existing union. That would give you and the others additional protection. So, where does one go on a two day weekend in Kuwait?
Thank you XXX XXXX Response Ms. Deer, I did send a letter to the ombudsperson, and there is no union here, mainly due to the fact the contracts are short here, 1 year at a time. They simply can not rehire you by not offering a contract. There really is absolutely nothing to do here in Kuwait, except to go out and shop, and the prices here are higher than in the states, especially when the merchant charges you "American" prices, so I have a Phillipino friend who goes in the shop and buys at "Phillipino" prices. Same in Saudi Arabia. So now you see how loved we are here!!!! Thank you XXX XXXX answer.Todd W. Carson
You're welcome!
It sounds like your contracts work like teachers, yet they usually have unions. Just a thought.
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Jane Doe Deer
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Atty. 23+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
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