DES MOINES – An administrative law judge has declared a Mason City car dealership to be “a hostile and detrimental work environment” after drama unfolded between a car salesman and his manager earlier this year, causing the man to walk out on his job.
According to a finding from a judge reviewing a case with the Iowa Workforce Development Unemployment Insurance Appeals, an incident unfolded at Schukei Chevrolet, 721 South Monroe Avenue, in May of 2013, where a salesman, Jason Martin, was dealing with a customer and went to Sales Manager Paul Harbaceck to discuss the price range for a vehicle. Harbaceck became upset and words were exchanged. The claimant “did what he normally did to cool down” and went and sat in his personal vehicle for a period of time.
The report then states that when Martin returned to the sales floor Harbaceck asked him to come to an office to discuss the incident. Mr. Martin did not want to sit down and Mr. Harbaceck told him, “sit down you piece of (expletive).” Mr. Martin responded with “(expletive) you” and left the dealership, thus quitting his job. He later filed for unemployment benefits.
Martin was initially denied unemployment benefits in September, which he then appealed. The state then conducted a hearing by phone on October 31st, where Martin represented himself and Sales Manager Phil Harbaceck represented the dealership.
Administrative Law Judge Bonny G. Hendricksmeyer found that Schukei Chevrolet acknowledged initiating the use of vulgarity by calling Jason Martin a “piece of (expletive)” and must consider this to be a hostile and detrimental work environment. Under the provisions of Iowa code, this is a quit with good cause attributable to the employer.
Judge Hendricksmeyer reversed the previous decision, and found that Jason Martin is qualified for unemployment benefits.
CLICK HERE TO READ THE OPEN RECORD RULING FROM THE STATE OF IOWA WEBSITE
Oh ya, I’m sure car salesmen are looking out for the people and not their employers bottom line.
Hey, he’s a “dealer for the people” He’s gonna screw his employer to help me! Ya, that’s the ticket!
How stupid do they think we are?
It looks like to me that you lost an advertiser over this story. Maybe this should not have hit the headlines, after all. Just sayin….
One should not be punished for telling the truth. Maybe the fault lies with the dealership itself. there are many cars for sale north iowa. customers do NOT NEED to do business with this one.
This story sounds like a personal matter….this shouldnt be in the news, good luck Jason
I couldn’t agree more. We don’t hear about every other unemployment case, why is this one so newsworthy? I think it was mean as a jab towards the employer… But turned into a fight against Mr. Martin. People need to get a life. I commend you for standing up for yourself Jason! Good luck!
Hopefully NIT does lots more stories like this one I find it interesting and it’s all public record so maybe these people ought to behave themselves and not cuss at work
WHAT THE HELL DO YOU THINK WE READ IN MOST NEWS PAPERS!!!!! this very same type of personal story. Id say 50% plus, of the stories would rather be hushed up by someone involved. JFC
People want to know what’s up with their neighbors, the busines down the street. Extremely newsworthy.
Actually I was not criticizing Matt about doing this story. I am just upset that some people think the news should be censored.
True.. I like knowing what a pile of garbage this “businessman” Harbacek is. But I wouldn’t want my name put out there either. I understand Mr Martins issue with this story being published without him being contacted first.
This happens all to often to employees. Something similar happened at my job & I was too afraid to do anything about it because it’s happened before & being a small business, they get away with everything it seems. I should have stood up for myself. Way to go Jason!
Censorship pure and simple.
If the mayor would ask to remove all comments to an article would you do that for him too? Then why do it here now? As of 7pm I saw nothing wrong with any post for this story. I simply do not agree
We would remove a comment most times, yes, if we are asked to do so and the request was reasonable.
I actually said all comments since this is what you did here. Surely the mayor can ask nicely. LOL
and now im not allowed to comment? on an article about me?
This is a case of an employee walking out because we was talked to by his employer in a vulgar way.. Anyone in their right mind would have done the same thing. The employer admitted he said what was claimed, putting him in the wrong. A judge ruled on this… Not the employee, not his friends… A JUDGE. An employee would get fired for talking to his employer this way, so it’s more than fair that the employee wins an unemployment claim for the employer doing it. I’d be angry too if my person information was put out there like this, but as far as I’m concerned Jason, let it ride. This just goes to show how much of a jerk Harbacek is. This shouldn’t be a personal attack on anyone, but if anyone needs it its the man who did wrong, not the man who won for having wrong done to him. I hope none of you attackers are ever on the receiving end of a situation like this, because karma will bite you. Oh, and I hope your friend learned his lesson, especially after having his name drug through the dirt. Do unto others the way you would have them do unto you.
Jason, I do not know you, and i wish you well, but I only know one other who died and rose again.
no i was off work because i died and spent 2 weeks in mayo in a coma and had to take time off to heal. i work my ass of for a great company and just cause i stopped spending all day screwin people over doesnt make me an unproductive member of society. im about all healed up so if u wanna say something paul stop on over. id b glad to pick that conversation up with u. i got a few things i left out
Step back and see how stupid you sound Get a life
true or not id like to know how this story can be posted without my permission in the first place. seeings how its part of my personal life i have a real big problem with this. whether the story is true or not this is unresponsibile reporting and pretty sad excuse for an article. if this is interesting enough to be news then i suggest you pic a new hobby/job cause your material is getting weak.
Public information: http://decisions.iowaworkforce.org/ui/2013/11298.H.pdf
Read the report and grow up.
Jason, it is a matter of public record because you applied for public assistance in the form of unemployment benefits. Additionally, it is also a matter of public record when you are denied those benefits and have to appeal and state your case in a legally binding hearing. Matt Marquardt is much more knowledgeable than I am on this sort of thing, so I’m sure he can quote the chapter and verse of the law. Regardless, it is still a matter of public record and NIT is perfectly within their rights to publish the story here. On a side note, I just wanted to say that I wish you the best. I had a less-than-pleasant buying experience at your former place of employment several years ago when the salesman I was working with got his butt royally chewed out literally while I was sitting at his desk working on a deal for a new car for my wife. I don’t remember the name of the Sales Manager at the time, but he was less than pleasant. I almost walked out right then and there, but felt bad for the salesman. I ended up still getting a great deal on the car and I’m glad I stuck through it. Again, I wish you the very best. I think most of us probably do.
first of all i want to know how the hell this story ended up on here. especially without asking my permission first seeings how this is a private matter in MY life. u gutless leaches give me your source. so we can confirm that this story is even true.
Iowa sucks. People are often first denied unemployment based on employer lies. A common tactic is for the employers to ask their current workers to write letters trashing the fired worker. Current employees then feel obligated to write bad things to please the current employer so they don’t get fired.
When a was a poor minimum worker I’d have employers tell me to never try for unemployment because they’ve never lost a case. They want to fire you and then lie to unemployment to deny you anything.