COMPLAINANTS RESPONSES AND AMENDED COMPLAINT

A prima facie workplace age discrimination claim requires you to show the following four elements:

 you were at least 40 years old (Yes, I was 50 years old when hired)

 your work performance was satisfactory (Yes, my performance was always satisfactory)

 you were discharged despite the adequacy of your work. (Yes please see my written complaint to
iiCON filed June 1, 2022 and the latest determination issued on October 17, 2022 by CDLE that
‘adjudicated’ that I was ‘discharged’ from iiCON

 your position was filled by a younger employee. (The only way to prove this is to compel iiCON to
produce the requested books, papers and records that Respondent stated they were not complying
with the requests due to privacy, however I object to their non-compliance as it is a direct cause of
interfering with my right to prove a prima facie workplace age discrimination claim against
Respondent)

AND…

Disparate treatment occurred due to Brandon Knight intentionally singling me out of all the workers and
treating me less favorably based on a protected characteristic, like age.

AND…

COMPLAINANT’S PROOF FOR THE RECORD:

ALL OF THE FOLLOWING EXHIBITS BELOW, ALONG WITH DETAILS, PROOFS AND EVIDENCE TO REFUTE
RESPONDENTS FALSE CLAIMS, STATEMENTS, TESTIMONIES, WITNESS TESTIMONIES AND RESPONSES
SUBMITTED AND PROVES THE PRETEXT GIVEN FOR THE PURPOSES OF CLAIMING A NON-DISCRIMINATORY
ACTION IS WHY I WAS TERMINATED WHEN THERE EXISTED A REAL REASON WHICH WAS DISCRIMINATION
AGAINST ME AND THESE UNLAWFUL ACTS HAVE CAUSED TREMENDOUS ADVERSE AFFECTS ON ME AND MY
ENTIRE FUTURE EMPLOYMENT IN THE COLORADO CONSTRUCTION INDUSTRY.

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 COMPLAINANTS EXHIBITS

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Texts between me and Amy Fournier, President of SOJI Construction offered
as further proof that despite the fact that with my written complaint filed
with iiCON on June 1, 2022 and the exhibit of written authorization for
iiCON’s HR and any other iiCON management investigating my complaint to
contact Amy to clear up and clarify for them the truth of the false
allegations against me by Brandon Knight, in hopes of helping those like
Don Johnson, VP and Greg Collier, President of iiCON to understand the
truth and in hopes of stopping their retaliation upon me by allowing
Brandon to remove me from the work schedule and not assign me to other
projects under different supervisors in the process of a proper
investigation. Unfortunately, no one from iiCON contacted Amy and there
was 100% non-compliance with my right to file a complaint on my supervisor
Brandon Knight and I was retaliated on worse by being terminated for
standing up for myself, and the whole matter could have been dealt with
properly as of June 1, 2022 with one simple phone call to Amy, the only one
who could give information out as to my past employment with her company:

6/03/2022

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 6/04/2022

But rather, Respondent chose to aggravate my injuries by their willful and

wanton, reckless disregard of my rights, to permanently damage me; and they
did then and are continuing the retaliation to date, attempting destroy my
record, cause me a loss of rights, loss of clearance and therefore loss of
work/lively hood in National Security Facilities, and federal Military
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Bases, including Secured areas, including Space Force Missile Defense
Facilities at Schriever Space Force, where I was a Superintendent
supervising ground up projects and interior renovations of super computer
rooms, etc., as shown in other attached exhibits of Security badges, etc., 

I was doing this Base work and Lockheed Martin National Security Facilities
(where you not only have to have no criminal history, but are also required
to be a Natural Born Citizen of this Nation too, et al.), I have done
Surgical rooms in Evans Hospital at Fort Carson (All Federal Facilities,
which their Response clearly states that they know the difference between
State and Federal laws; and yet they keep making false and fraudulent
fabricated statements.

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And… texts sent from Brandon Knight requesting my time, which proves the
inconsistency of his false claims, allegations, statements and testimonies
that I quit May 30:

05/27/2022

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And… proof to refute Respondents exhibit as to the written testimony given
by Tory Akerson. This text proves that no marijuana incident in a company
vehicle took place in Estes Park as falsely created and alleged by Brandon
Knight. As my written complaint to iiCON describes that I was never told
to leave the jobsite, nor an incident report done, nor any other procedures
that are standard for such alleged incidents. In fact, Brandon left the
jobsite at Estes Park and we continued to work for approximately 3 more
hours that day before traveling back home. Tory dropped me off at home and
we both agreed to keep all of my personal tools in the company vehicle
assigned to him for the 3 day Memorial Day weekend because as scheduled,
Tory would be coming Tuesday morning, 5/31/22 to pick me up to return to
work all week at the jobsite in Estes Park. My written complaint explains
this too.

It is clear that this would not have been the case if the false allegations
and created incident the prior week, really had any validity whatsoever.
Therefore, the written testimony given by Tory Akerson is unreliable and
inconsistent.

05/31/2022

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And… proof that refutes Respondents exhibit of written testimony given by
James Jessen(JJ). This text clarifies that the false allegations and false
incident created by Brandon Knight claiming marijuana use in a company
vehicle and past use getting my company truck at SOJI taken from me, were
in fact lies and this text proves that JJ knew the truth that my company
truck at SOJI was involved in an accident that resulted in the insurance
company claiming the truck a total loss due to the damages making it
undriveable. His written testimony alleging marijuana use and that I had
to do a drug test etc. are false and fabricated, which shows his statements
and testimony to be unreliable and inconsistent:

08/01/2022

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And… this was uploaded as evidence for my CDLE questionnaires and Appeals
Hearing to prove Respondents false claims and testimonies that I quit and
failed to show up to a meeting on June 1, 2022 (texts between me and Marcus
Rogers, CFO on June 4, 2022):

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And… uploaded this document as evidence to validate my claims and
statements made to CDLE and for the Appeals Hearing on August 15, 2022, due
to all of the false allegations made by iiCON to CDLE, which interfered
with my due process and rights to unemployment benefits when Brandon Knight
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took me off the work schedule, which was booked for months in advance, and
in turn reduced me to zero hours for 3 weeks straight, as I was being led
to believe that I would be receiving a call from Don Johnson, VP or Greg
Collier, President of iiCON after they reviewed my Written Complaint filed
with them on June 1, 2022. Unfortunately, my complaint was never responded
to nor investigated properly, and therefore I was further retaliated
against:

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And… as to the CDLE Appeals Statement of James Hardin. The proof to refute
the response given by Respondent, falsely alleging that I quit on May 30,
2022 and the next day filed for unemployment. Respondent offered no proof
to substantiate these false statements, and intentionally and knowingly is
still attempting to distort and falsify my records with this complaint,
with the CDLE records, and my employment personnel file with iiCON:

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And… as for the Superintendent II type of positions and the said salary
that I was applying for and interviewing for when Brandon Knight started
soliciting me for employment with iiCON, if I would be willing to start in
the Carpenter position they currently had open for $27 per hour, just to
get my foot in the door. This came with all the empty promises of all the
great benefits I would receive, including a company vehicle and gas card,
as much overtime I could handle if I was willing to work the CDOT project
in Estes Park, and a prompt promotion to the first available Superintendent
position that opened, which of course would be a significant salary
increase as he understood my management experience, skills and my Project
Superintendent position with my previous employer. Unfortunately, I
accepted the iiCON employment as Carlie with Elder Construction let me know
that it could possibly be another month before they could actually hire me
on:

Carlie Thomas <carlie.thomas@elderconstructioninc.com>
To: 'I AM'
Cc: Carlie Thomas
Thu, Mar 24 at 9:51 AM
Interview for a Superintendent II position

Hi James,
 
Per our conversation, you are scheduled to interview next week, Thursday, March 31st at 10 am with Manny, Mark, Randy, and Jeremy at our management building
in Colorado Springs.  The address is 4870 Centennial Blvd, Suite 100, Colorado Springs, CO  80919.  The main telephone number is 719-471-2708.
 
If you have any questions, please feel free to reach out to me.
 
Thanks,
 
 
Carlie Thomas
Human Resources Director
office 970-833-5369
cell – 970-290-9831
7380 Greendale Road, Suite A, Windsor, CO 80550
elderconstructioninc.com
 

Apply

Superintendent II 
Colorado Springs, CO
Job Type
Full-time
Description
The Superintendent II position is Elder Construction’s representative in the field. They work as a team with the Project Manager/Project Engineer
to deliver successful projects to our clients. Superintendent II reports directly to the Project Executive.
Have OSHA 10 hour training or get OSHA 10 hour training within 60 days of employment.
Salary Description
Salary Range - $88,000 - $100,000

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