Re: Clinton Energy Vacation Policy & Request

I was disappointed, to say the least, at the return email I received from
you so I waited before replying so as not to react in haste. Previously I
stuck to facts and did not bring things of a personal nature into the
equation. I feel, however, that there are a few things you should know about
me and how I have exemplified the ENRON VISION so you can realize why I took
this so seriously and why am, to be blunt, ticked off at the resolution.
In the 4 years that I worked on the scheduling desk for Clinton I never
missed a day of work.........not one.
I never took vacation during bid week or during tie out time.
Between 96 - 00 I took all but 3 days vacation between the months of May -
October so as not to interfere with winter gas operations.
I have had nothing but above average reviews in the past 5 years, been
promoted twice, and received special recognition for working shorthanded
through the winter of 99-00.
As you can see I have consistently put ENRON ahead of personal conveniences
and strived to do the right thing for the company. I am distressed that the
very values Enron holds me to ring hollow with regards to how I have been
treated.
Changing vacation rules, be it legally legitimate, does not exemplify
INTEGRITYin my eyes!
Not stating a policy change (THERE HAS STILL NEVER BEEN A FORMAL STATEMENT OF
THIS CHANGE) does not illustrate COMMUNICATION!
Stating that I will be paid for vacation less any I take between now and the
severance date is deceptive at the least and would not constitute RESPECT,
EXCELLENCE nor INTEGRITY!
FACT - items 1 - 6 in the original email are 100% true. #2 is of the most
significance as the words came from the lips of our HR representative that I
would be paid the vacation amount we discussed UNLESS I TOOK ANY VACATION
BETWEEN NOW AND JUNE 1st.
FACT - At least 2 people were allowed vacation time off during this
transition (Susan Weison, Sheri Wallace)
FACT - If you check my vacation records you will find that I have taken a
vacation EVERY YEAR IN MAY. My request was made, like in all previous years,
a few weeks before I wanted to take it. HAD I KNOWN THAT THE RULES OF THE
GAME WERE GOING TO BE CHANGED I WOULD HAVE MADE MY INTENTIONS KNOWN EARLIER.

In conclusion I do not expect, or even wish for a response. I have enjoyed my
time with Clinton Energy and Enron. I have learned much and forwarded my
career greatly and for that I am thankful. I just wanted you to know where I
am coming from and how an unfortunate situation of severance was turned into
one in which I leave being taught a lesson by Enron that does not make me a
better person, just a smarter one. This lesson; a spotless record & loyalty
to a company means very little. It is better to look out for #1. In the end
the company you work for is going to protect their best interests regardless
of the rhetoric in their Vision Statement. Thank you for your time.

Respectfully,

Sean Zurbrick

Judy Gray
05/04/2001 09:33 AM
To: Sean Zurbrick/DUB/EES@EES
cc: Cindy Olson/Corp/Enron@ENRON, Kenneth Lay/Corp/Enron@ENRON, Jeff
Skilling/Corp/Enron@ENRON, Kalen Pieper/HOU/EES@EES, Judy Gray/HOU/EES@EES,
Ashley Kerr/HOU/EES@EES, Tim Weithman/DUB/EES@EES, Ken Brooks/DUB/EES@EES,
Kriste Sullivan/Enron@EnronXGate
Subject: Re: Clinton Energy Vacation Policy & Request

Sean;

Thank you for bringing your concerns to us. We value the input of our
employees, and constantly seek ways to improve the quality of our employee
benefits. After talking to some of the parties involved in this matter and
reviewing our vacation policy, we find that your management acted within the
scope of its responsibility and within the bounds of our vacation policy. In
addition, we find no evidence of inconsistencies and believe that you and
your co-workers at Clinton have been treated equitably and fairly regarding
the denial of vacation during this transition period.

In closing, we support the decision to deny vacation requests to the Clinton
employees affected by this transition. Should you have any other questions,
please do not hesitate to direct them to your management

Sean Zurbrick
05/01/2001 01:41 PM
To: Kenneth Lay/Corp/Enron@ENRON, Jeff Skilling/Corp/Enron@ENRON, Kalen
Pieper/HOU/EES@EES
cc: Judy Gray/HOU/EES@EES, Ashley Kerr/HOU/EES@EES, Tim Weithman/DUB/EES@EES,
Ken Brooks/DUB/EES@EES
Subject: Clinton Energy Vacation Policy & Request

I have held discussions with Tim Weithman, Ashley Kerr & Ken Brooks
(immediate supervisor) regarding a request for vacation for the 3rd or 4th
week in May. I have been told recently by both Ms. Kerr as well as Mr.
Weithman that those of us being severed from the company are not permitted to
take any vacation time between now and June 1st. It would seem that there are
several inconsistencies regarding Enron policy as well as how the subject was
presented both to the group as well as individually. Below are the
inconsistencies I speak of.

During the group meeting in the beginning of April there was no mention of
"vacation freezes". The only reference to time that was mentioned was that
you must be employed by Enron as of June 1, 2001 to receive the severance
package.
During my private discussion, in which both Ms. Kerr and Ms. Gray were
present, I was presented with the specifics of the severance package. I
specifically remember being asked for my current unused vacation amount. I
gave them the amount of 152 hours and was told that I would be reimbursed for
that total unless, of course, I took any additional vacation. This implied
that regular Enron vacation policies would be in effect. Again, at no time
was it presented to me that I was ineligible to take ANY of my earned
vacation or that there would be any deviations from normal Enron policy
regarding vacation.
At no time has Mr. Weithman, Ms. Gray, Ms. Kerr or any other Enron agent made
public a policy of vacation freezes.
At no time were there ever any public or private requests that the plans for
those with previously scheduled vacations to be made available to any Enron
agent.
I can find nothing in my severance package that states any deviation from the
standard Enron vacation policy.
I realize that Enron policy requires vacation approval from the supervising
employee. It states in that policy the following:
"An employee's preference for scheduling vacation should be adopted when
possible."
"The supervisor must verify that unit staffing needs are met before approving
an employee's vacation request."
I am currently still an Enron employee. I have also verified that staffing
needs are met.

In summary, as you can see there are several inconsistencies with regards to
the vacation policy for those being severed at Clinton Energy. It more than
offends me that I am being prohibited from taken ANY part of the 152 hours of
accrued vacation that is, by all accounts, mine to take. This being said, I
am formally requesting one last time that I be granted my vacation request
during the month of May. Furthermore I would like this approval as soon as
possible so that I may make necessary arrangements. As you review this I am
consulting an attorney so that I may be advised of my rights regarding this
matter.

Thank you,

Sean Zurbrick
614-760-2792