The hearing

I know you all have been probably reading and waiting for how my hearing went. Well, I'll start by saying we're not done yet, and therefore I can not reveal too many things. Also, I will not be identifying my employer, nor talking about specifics in mediation, just because we're not allowed to, and because this is a public website, I could get in major shit if I did this and they found out.

So......................

On Monday we presented our side of the case. In this instance, the decision will be based mostly on credibility, since it is a he said/she said type of issue.So, it is my job as the complainant to prove that they actually did what I say they did. I made two very good points during my testimony which probably helped a lot. One being that is I was qualified to cover the position in the short term (short term being anywhere from days to months), then why wasn't I qualified to take over long term? Their argument was that I wasn't qualified for the position, and therefore I should not expect the job. The other point was that they tried to prove that I quit because if I couldn't have the manager's job, then I didn't want any job. I told them I quit because I could not work for someone who would discriminate against me. I wasn't asked why I quit anymore after that. They started to present their case right at the end of the day, and so we were going to continue on Tuesday. My lawyer said that we were doing good at this point.

The other thing I should mention is that they tried to have the entire hearing suspended because one of their witnesses could not be there due to knee surgery. Of course we said no, and the tribunal agreed.

On Tuesday, I got to the tribunal and was told that a settlement offer had been made. Again, i can't say how much, but it was a joke. So, the hearing was adjourned, and we went back into mediation mode. Now, for those of you who don't know, we've been trying to mediate this for over a year. My former employer has not made any effort to settle, or even to entertain the idea. All of a sudden, she wants to settle. So we make a modest offer, given the fact that I lost wages and will continue to lose wages should I not be able to fine full time work, plus damages. The number was no where near where it should of been, but we were trying to be reasonable. After 5 hours, my former employer had only been willing to double their original offer, which as you recall was a joke. They wanted to negotiate at $200 increments, meaning we would have been there all day. My lawyer said we were finished and that we'll take our chances at hearing.

There is risk with the hearing. If I win, it is a published decision that will forever haunt the employer, and they have to pay whatever money the tribunal decides is appropriate. If I lose, it is a published decision that future employers could see and assume that I am just a trouble maker. Also, If I lose, there will be the emotional and mental issues of basically being told that this all did not happen, and that I'm making it all up. Either way, one of us is going to have egg on our face. Having said that, I have been aware of that risk since day one, and am not afraid of going back to hearing mode. I feel we are doing well, and I don't know how well the other side will hold up in cross examination.

I also thought I would mention...For those unaware, this hearing is a legal proceeding. Before taking the stand, we are asked to tell the whole truth, nothing but the truth and give understanding that lying is an offense and punishable under the law. So, this not some flimsy meeting, it's serious stuff.I frankly am tired of this whole thing...We could have had this settled a long time ago, but we're being dragged through this for what seems like forever. I'll be glad when we're done. Our next hearing date is April 1st (of all days). I'll let everyone know what happens, although it will simply be an either "I won" or "I lost" type of post. I will be required to sign a non-disclosure regarding the settlement and so I can not publish that info. Uggggghhhhhh.....One more month to wait!