Tuesday, April 26, 2005

My Rebuttal, and Priorities

What? You don’t want to read about my brilliant, logical rebuttal of Mr. Queen’s diatribe?

Okay! Okay! I’ll summarize.

My complete, edited letter was only a page and a half. I ignored much of the ranting that I consider irrelevant (and that I hope the Commissioners likewise finds to be so) and focused on three points:

First, Christina did not receive the “benefit” of progressive discipline. The employer clearly did not follow his own disciplinary policy.

Second, her intentions were to present the practice in a positive light, not a negative one. The definition of “misconduct “ in the law twice includes the word “intentional,” making it clear that intentions are important. The hearing officer judged that Christina’s intentions were good, and thus there was no misconduct.

Third, although Mr. Queen didn’t like her choice of words, more importance was attached by the hearing officer to her demeanor, or the WAY she said the words. This was clear from Christina’s personal testimony in which she described what led up to her comments, what she said, and the WAY she said it. She included details that proved she was trying to be helpful and positive.

(I’m reminded of the old song that goes, “It ain’t what you say, it’s the way that you say it.” You don’t know that song? Huh! Well, Google it. You’ll see.)

I praised the hearing officer for the conduct of the hearing and requested that her decision be affirmed.

That’s it. That’s all I wrote.

I’m told that the Commissioners don’t listen to recordings of testimony and scrutinize evidence in too much detail. Their attorneys prepare a summary of the case and the testimony in advance and present it to them. I’m hoping that, absent the proverbial “smoking gun” I mentioned yesterday, this case will be no different from the norm and the commissioners will just affirm Ms. Ford’s decision.

If they feel she ruled in error, they could always reverse her. Since I don’t want that to happen, I tend to minimize the possibility, but you just never know.

Politics may play a role. Available funds in the state budget may play a role. I’ll never know what goes into their decision, other than the public announcement that will be produced.

So, now I turn my attention to obtaining benefits and payroll services for the new company I’ll work for when the sale of my plant is completed at the end of this week.

Gotta keep my priorities straight!

1 comment:

Candace said...

It's really sounding good, John. I wouldn't worry TOO much. Enjoy that grandbaby. All the best.