8 Ball In The Wind

Tuesday, January 3, 2012

Thoughts On The Appeal Hearing

OK, I know my main goal is to show that I had no intention of quitting my job.  The whole reason I was so upset about my check being cut like this...besides the fact it was the only time during 2010 that the company had withheld ANY income tax...was that it cut my paycheck to 1/2 of what my house payment was.  I was upset because I wasnt able to make ONE house payment...does it seem logical I would quit, and not be able to make ANY house payments?

The Employment Security Dept. is trying to use the fact that I said "I am done."  To mean "I quit". 

I was "done" trying to discuss with someone standing less than a foot from my face, responding to anything I said with; "I talked to my bookkeeper, and she said I could do it."

That is until I shouted that he (Mr Boss-man) was ripping me off.  To which he replied; "Brian, you better back off." 

I said; "I am done." and stepped passed him to get away from him.  He testified in the original hearing that he gave me 15 ft before saying (he says) "Brian, if you are quitting then you need to turn in your keys now."  I heard;"Brian, turn in your keys."  But he says he doesnt understand how I can think that bing told to turn in my keys meant I was fired.

He says that he felt threatened by me...even though we are about the same size...and he was on the outside with a much broader option of movement to escape any perceived threat(which he never did until I moved past him).

I know I cannot let this turn into a "He said/I said".  But I have to show that I did not have any intention of quitting.  I am also going to try to show that his credibility is questionable.  I can show that in several places his referring to the first few months of my employment as "on call", or "very limited" are false.  Also, he was so worried I was going to portray him (in his own words) as an "aggressive, bully" that he tried to have documents from the assistance side of the coalition (with birthdates, and social security numbers submitted into evidence (making them public record).  Even though these documents had nothing to do with my job (they were from my wife and step sons assistance files), and from several months before.  Just to try to cast doubt on my credibility.  So his perceived self image was more important than government rules and privacy laws, as well as the company's own confidentiality agreement (which was one of the documents he submitted). 
I almost wish I hadnt objected to them being intorduced into evidence...because then the wife could have sued the shit of of him, and the company.

I can even attempt to show through pay stubs, that he continued to use the same company for payroll that allowed the entire error that caused all this in the first place, to continue doing payroll.  And that while doing so, they withheld $23 in federal tax in 2009, and only withheld tax on the November paycheck with the $2,400 "draw" he had them post so he could get his books to balance.  In other words, in 23 months, they only withheld income tax twice.  Also, it was Mr Boss-man's ultimate responsibility as he was the one who signed the checks.

See it's tough...to stay focussed on the main point of contention here.  I did not wish or intend to quit.  As I had told the dispatcher only a couple hours before all this went down.  And in crossexamination at the hearing, she stated that.  The problem is, the whole part of the question asking her what I said, simply reads (inaudible) in the hearing transcript.  But her response comes out clear; "You said you wouldnt."  But without the question, the out of context answer may not be much good.

So I am just trying to get my thoughts together, and ready for the appeal hearing in Superior Court.

But, that doesnt mean I am not going to let this go completely...I am planning on taking copies of my paystubs...showing how few times any Federal tax was withheld over a period from April 2008, until November 2010, to the IRS office in Olympia.  I am curious what sort of "can of worms" what will open up...because I know all the employees I spoke to about this always bitched about that happening to them as well...on Mr. Boss-man's orders.

Mr Boss-man cant understand why I dont just let this drop...Here's why...you dont fuck with my family...put my having a home in jeopardy...push me to the brink of bankruptcy...and then expect me to just let it drop.....IT AINT GONNA HAPPEN.

Catch ya on the road sometime....

2 comments:

  1. Thats the plan Jeff. I just have to maintain the focus on the fact that I had NO INTENTION of quitting my job. And if I can use that arrogant bastards own shit to help me, all he better!!

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