Fired, and I still don't know why. . .

[BeeMused]

*firing up the industrial size popcorn maker* I think we'll need it!

[Golden Phoenix]

Oh! *grabs the little air popper* I'm doing weight watchers so i need mine air popped. Now..toppings, toppings. Hmm.

*rummages in bag*

I got Sweetener, salt, weight watchers hot chocolate powder (orange flavour) and cinnamon.

I'm thinking salt 'n sweet to start.

[Gilhelmi]

I pray for your resolution in this. I was in the Army Reserves, so I heard my share of stories (mostly ones about returning from a deployment). Both good and bad.

Good Luck

[silverstaff]

I just have to say this.

My final hearing is in a little more than two weeks. I'm very nervous.

I know the law is on my side, judging by what was found in the discovery motions and prior rulings and responses to motions up to this point, I know things are very favorable to me heading into this hearing. . .

I'm still nervous as hell. I'm having to represent myself pro se, as no attorney I could find would represent me at an administrative hearing. They all want to file USERRA suits, or they wanted a ludicrous amount of money as a retainer up front to go into that hearing.

I've seen the witness & exhibit list that they are going to call. I'm going to have everyone from my immediate supervisor up to the Director of the whole Agency testifying against me apparently. I know the documents they are going to provide, it's what I expected them to use. . .heck some of them they are submitting as evidence against me I think actually support my case (and I'd be submitting them if they didn't).

Having to cross-examine my former supervisor and sit there during what's essentially a character assassination is going to be rough though. He's an intimidating man, and I realize he's going to be turning that on me full-tilt.

Frankly, I realize this takes a lot of courage, and I know why a lot of people in my situation probably never appealed it, it's just easier to go find a new job than go through proceeding with a case like this pro se.

[Jay 2K Winger]

My final hearing is in a little more than two weeks. I'm very nervous.

Frankly, I realize this takes a lot of courage, and I know why a lot of people in my situation probably never appealed it, it's just easier to go find a new job than go through proceeding with a case like this pro se.

I think I speak for a lot of people here when I say that I'm pulling for you. They shouldn't be allowed to get away with what they did and I hope the court finds in your favor.

[eltf177]

I think I speak for a lot of people here when I say that I'm pulling for you. They shouldn't be allowed to get away with what they did and I hope the court finds in your favor.

Absolutely. Hold your head high and show the judge what backstabbing SOB's they are!

[justhere]

Are you able to have someone with you? If they can't sit next to you (I don't know what it is called, but to be able to hand you papers, take notes, look like they are working with you, but really providing support) at least be in the same room?

[silverstaff]

Are you able to have someone with you? If they can't sit next to you (I don't know what it is called, but to be able to hand you papers, take notes, look like they are working with you, but really providing support) at least be in the same room?

I honestly don't know, I hadn't even thought about it. My wife has to work that day, and she can't get off work for that.

I'm preparing my last filing before the hearing today.

I'm going over in my head, constantly, the questions I want to ask, the arguments I want to make. I'm trying to anticipate their arguments, from the routine, to trying to foresee any screwballs they try to throw. Going through the laws, through office and agency procedures I've already forseen a couple of possible curveballs they could try to throw. . .and come up with a good rebuttal.

I really wish I could go into more detail, and after the hearing I should be able to. I found out a LOT of information in discovery that made it clear what was going on behind the scenes, and it definitely makes my former management out to be scum (including in ways I didn't know about at the time).

[Jay 2K Winger]

I really wish I could go into more detail, and after the hearing I should be able to. I found out a LOT of information in discovery that made it clear what was going on behind the scenes, and it definitely makes my former management out to be scum (including in ways I didn't know about at the time).

As noted before, we're all pulling for you, and we hope you can nail their ass to the wall.

[Cia]

When your former supervisor starts getting intimidating imagine him in his underwear or, alternately, in ladies underwear.

[Chromatix]

Or doing the Anglerfish Dance.

[Rebel1012]

Just remember to stay calm with the idiots, sorry supervisors when questioning them, they are on the defensive and if they think they can upset you and make you drop the ball they probably will try.

Good luck

[wildman]

Any update?

[silverstaff]

Hello everyone,

Here's the report of what happened today.

There wasn't a ruling yet, but it may well have been the last time this goes to an actual courtroom. Things may come to a final ruling in December.

I walked in to the room at 9:30 this morning, the attorney for the state was there. The administrative judge called the hearing to order, and said that, after reviewing the motions and complaints, he felt that the case could be decided purely on the law, without need for testimony, if both sides were willing to stipulate to the facts of the case. He said that in looking over the case, the vast majority of the facts of the case seemed uncontested, so it would save substantial time if they could be stipulated.

The judge also noted that per prior rulings on motions in this case, the burden of proof is on the State to prove my dismissal was lawful, as it's presumed to be an unlawful dismissal thanks to a state law that says if you take military leave, you can't be dismissed without cause for one year.

The attorney for the state and myself sat in the courtroom for an hour and a half going over the various papers we brought, stipulating to the general facts of the case, and agreeing on the various documents.

The Director of the agency was also in the courtroom, on behalf of the Agency, since the attorney represented the department of state government, above the Agency.

I didn't have to confront any witnesses, as the judge basically said that at this point, he didn't see how anything any witnesses would say would change the legal facts of the case, and the attorney for the state couldn't explain why or how any witnesses would change any facts of the case.

The Director was NOT happy when he heard about how I was treated, the fact that he'd mentioned in passing before the hearing how his son was a Marine probably didn't help. He was trying to remain professional, but it was clear he didn't like hearing about what had happened.

The fact that he remembered meeting me when I was at the Academy, and I made a positive impression helped. It was a little awkward when I had to introduce as evidence an e-mail he sent (that came up in the discovery process), since he had to approve the termination personally, where he described the documentation and justification he was presented with (also submitted into evidence) as "seriously subpar" and wanted to know if I was part of any "protected class" before he approved the termination. The e-mails showed that my supervisors pressured him to approve the termination, despite his reservations that the justification, even doing it as a purely discretionary probationary employee termination was weak.

I now have a month to write and submit a brief based on the evidence, basically to make my case that I was an employee, took military leave, and was terminated without cause within a year of that leave. The judge did want clarification on a couple of points of law to be addressed in the brief, technicalities about definitions of military duty as defined in state law (basically, if I'd volunteered for the assignment, I wouldn't be protected by state law, but my entire unit was ordered to attend so I only "volunteered" in the sense that I chose to enlist, just like everyone in the military since the draft ended in 1973).

The attorney for the state was NOT happy with the fact that the burden of proof is on her to prove it was lawful. She basically said, indirectly that with that ruling there's no way she can win. She basically said her brief will be an argument to have the burden of proof shifted back to me, saying I should have to prove that I was discriminated against due to military status.

The only hiccup was, that in their timesheet records of my service, a 3-day training exercise I attended in June of last year was down in their records as me getting paid regularly, not military leave, so they are asking for evidence from my unit to confirm I was there in a duty status. I've got a call already in to my unit about that to get documentation.

[flyonthewall]

So if the state loses, will you get to come back to the force?