Well now, since the hearing says I quit. I am not going to keep beating my head against the wall, just to give myself a headache. It is time to start focussing on more productive things. However I am sending the IRS the paperwork so they can see what a fuck up the assholes I use to work for made of the taxes they were suppose to withhold.
Also, while I was down at Brando's getting the tranny straightened out, we discussed my plans to make a guidebook of some of the lesser known, but very cool riding roads. Brando came up with the suggestion of making the booklet a .pdf file and selling it on Amazon for $1-2 per download. It would be much less expensive to produce, and many more people would possibly be able to get it. It is definitely something to consider. Especially when I could readily use a little extra cash.
Catch ya on the road sometime...
Monday, January 9, 2012
Saturday, January 7, 2012
Lost the case, but got the tranny repaired
The hearing lasted just under 30 minutes, and the judge upheld the ruling that said I quit. Not a real big surprise, since I had now way of proving I didnt quit when the employer had already said I did. The judge said she could only look at the one point of law..did I quit or not, and not at any of the other crap involded in this mess.
But, on the good side of things; I did get word from the IRS saying the companys intermittent withholding of income tax was wrong...so I am considering sicking the IRS on them.
As far as the bike, well, we drilled and tapped the hole, and installed a steel insert for the stud. tomorrow I will flush out any aluminum filings and install the stud...then its putting it all back together.
So, things arent too bad...I may end up getting revenge on the company for fucking me over....AND the bike should be up and running VERY shortly now.
Catch ya on the road sometime...
But, on the good side of things; I did get word from the IRS saying the companys intermittent withholding of income tax was wrong...so I am considering sicking the IRS on them.
As far as the bike, well, we drilled and tapped the hole, and installed a steel insert for the stud. tomorrow I will flush out any aluminum filings and install the stud...then its putting it all back together.
So, things arent too bad...I may end up getting revenge on the company for fucking me over....AND the bike should be up and running VERY shortly now.
Catch ya on the road sometime...
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....
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....
Hearing is Friday
Well, at long last, the Superior Court Hearing is on friday. Today I mail in my submission of exhibits. So now I just have to get my head around to figure out how to prove that I DID NOT WANT TO QUIT MY JOB. According to the Asst Atty General represent the unemployment dept, that is the key to the whole deal. Whether I intended to quit, or not.
Like I was intending to quit, when my whole beef was the fact that by doing what the boss had done, he had made it impossible for me to even make my housepayment...so if I was pissed because I couldnt make the payment, why would I quit and have NO MONEY coming in?
I have also included some things that disprove some of the statements that the former boss made. Like that I worked on a "very limited" basis when I started, so I didnt get a mid month draw. I actually put in nearly 160 hrs, and was payed a $400 draw mid month the first month, and $500 the second month.
Oh well, just have to get my point across come friday. I'll keep everyone posted.
Catch ya on the road sometime...
Like I was intending to quit, when my whole beef was the fact that by doing what the boss had done, he had made it impossible for me to even make my housepayment...so if I was pissed because I couldnt make the payment, why would I quit and have NO MONEY coming in?
I have also included some things that disprove some of the statements that the former boss made. Like that I worked on a "very limited" basis when I started, so I didnt get a mid month draw. I actually put in nearly 160 hrs, and was payed a $400 draw mid month the first month, and $500 the second month.
Oh well, just have to get my point across come friday. I'll keep everyone posted.
Catch ya on the road sometime...
Sunday, January 1, 2012
Happy New Year
As we look down the road of this coming year, lets hope that the road in 2012 will be long, smooth, and filled with good people to share it with.
Happy New Year!!
Catch ya on the road sometime...
Happy New Year!!
Catch ya on the road sometime...
Thursday, December 29, 2011
A Dollar Waiting On A Dime
I put the stud in the hole with Permatex Bearing Mount...but after a full day, I can still wobble the stud. So, I am going to have to have the hole drilled out and tapped for an insert. The problem is, the insert wont be here until next week. I could go and pick it up...but that would cost $30 in gas...to pick up a $4 part. I cant afford that right now. So I am just going to wait. Once I have the insert, a friend with a drill press is going to help drilling and threading the hole for the insert. then it will be just bolting everything back together. So the whole bike, is waiting on a $4 insert, so I can button it all back together again....
Oh well, wont be long now.
Catch ya on the road sometime...
Oh well, wont be long now.
Catch ya on the road sometime...
Tuesday, December 27, 2011
Tear Down
Started the tear down yesterday, and within a couple hours had everything ready and pulled the tranny. Quite a lot of fucking hassle just to work on one stud hole, but it is out.
Now, I am waiting for the Bearing Mount from Permatex to cure. Hopefully it will keep the tranny from leaking out of the mounting stud hole.
If this doesnt keep it from leaking, I can only figure putting in a Heli-Coil. Because I simply cannot afford anything else at the moment.
Wish me luck.
Catch ya on the road sometime...
Now, I am waiting for the Bearing Mount from Permatex to cure. Hopefully it will keep the tranny from leaking out of the mounting stud hole.
If this doesnt keep it from leaking, I can only figure putting in a Heli-Coil. Because I simply cannot afford anything else at the moment.
Wish me luck.
Catch ya on the road sometime...
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