CHAPTER 37
(Wheeling And Dealing)
10/29/2018 TA Travel Center Whitestown IN
Today FINALLY is supposed to be my big trial against the Sell- A-Ding Dong Company that drove me up a wall. You would think I'm full of anticipation but there's been a BIG game changer.
I'm back to Billy Big Rigging. I consider myself a "Super" driver so of course I insisted on climbing on board with a new OTR trucking company "Super Service". I like that just pronouncing the name is almost a tongue twister and what makes it really funny is pronouncing it almost sounds like saying "Secret Service".
I'm learning more and more legal secrets each day with the help of google of course. Just twelve days ago literally in the nick of time I was able to mail Warren County Small Claims court a letter asking for a continuance. I was learning what "interrogatories" were and was excited that one of my two witness was agreeing to show up for my trial. She was a red head little cutie that I had met with on 5/16 to discuss some owed wages on the Walmarts accounts. I was surprised that she would agree but in the event that she had a democratic side to her it would put us both in a "win-win" situation.
According to the research I did, if Sell-A-Con were to terminate her solely for testifying at my trial it would be a slam dunk for a UC claim and maybe open a lawsuit on her behalf as well. I didn't know what she would get in return for helping clear up the company's mileage pay policy but I guessed she'd get to skip work for a few hours and maybe the attorney would help out with lunch? I really wasn't sure. The one thing that did piss me off was my contract signing witness on January 31st was still stonewalling me and refused to help in any way or shape. I had heard that she was no longer employed there and I assumed it was because she may have just had a baby.
I had four hours to kill before it was time to head north up to Chicago and found it rather ironic that I was just forty miles away from the courthouse. The judge had accepted my continuance and pushed my trial back another month to 12/3/2018. I had taken advice from career link experts and not spoken so much as a peep in my "Super" orientation about suing my former employer. Supposedly the "employment experts" say while job searching it is never wise to bad mouth your former employer. I sure as hell wasn't going to take a 19 hour bus trip to Detroit MI and blow it only to get sent home for bringing so much negativity. Our Super orientation director was even prepping me early for my next dispatcher by not answering any of my questions that would be deemed "stupid". That of course was one thing every OTR driver was eventually going to learn over the road. STUPID QUESTIONS DON'T GET REPLIES.
Meanwhile Noon Time
My cellphone is ringing and I recognize the Indiana area code. It is in fact the corporate attorney my brother had always warned me about. I could still hear my little brother' words in the back of my mind. I'm telling you Blake, it's the older attorneys you never wanna mess with. They're the ones that always seem to win!
I let a ring or two pass just for good measure. I knew that from here on out I was relying on the acting skills that the Nine9 unagency had drilled into our amateur heads. "Fake it till ya make it"
My Steampunk hat was 100% real but my Rolex was indeed fake. To some people out there I may be Blake the Fake when I wasn't Blake the Snake but in actuality just a year and a half ago I did indeed own a brand new 2016 11610LN Submariner.
The Green eyed trucking industry didn't want me to have it and after only getting to wear it a few times it eventually got sold six months later to some retired FBI golfer dudes for $1,600.00 less than I paid for it. I never told anyone the day I bought it because I didn't have to. I'm quite certain lil bro playing the role of "Big bro" was out in the parking lot in his cruiser when I bought it. I'll never forget visiting my Pop Pop on the Christmas of 2016. I was wearing my cheap blue $10.00 Target watch like I always wore and the moment I sat down my Grandpa stared more intently than one could possibly imagine at my wristwatch with quite a look of confusion. Is that a Rolex? I thought the big family secret was Blakey bought a Rolex.
I eventually figured out that the Jewelry owners daughters sold me out. Was it a crime to buy a Rolex? Evidently if you carried yourself like a Lebowski Democrat it was. A few months after I purchased it I wanted to upgrade to a $11,000.00 Deep Sea Dweller and the witches in there only wanted to offer me $5,700.00 store credit for my 2016 11610LN that I had receipt and kept in pristine condition and had purchased only a few months ago for $8,500.00 cash. And I'm supposed to magically believe that women aren't out to get me?pst! Old news! I've known that since the payroll ladies started prepping me for marriage so it wouldn't come as a complete shock. I'm that guy that's gonna giggle when the funny teenage guy in the guard shack hands me my paperwork and recognizes it's going to a place he once worked down south. "When you get down there tell the witches I said hi." And of course my giggles ensue just trying to imagine what his struggles were working with them "witches".
*Bzzzt* *Bzzzzzt*
Finally I answer my phone. I know it's most likely arbitration time.
"Hello?"
I recognize my caller's voice. It is in fact the corporate attorney.
"Oh hey Blake...This is Dennis were you planning on coming in today?"
I'm a bit confused. "Didn't you get my letter? The judge granted my continuance. The trial has been pushed back to December 3rd."
I can sense the attorney appears to be very strung out. Evidently I could tell he most likely had done quite a bit of arguing with "The Man With The Cigar". When I shared tid bit details of the case with my uncle he had given me some advice. "Just don't get too crazy with it or you'll piss off the man with the Cigar.
You don't want to piss off the man with the cigar because he's the one that is going to be the one to have to write out the check.”
I giggled to myself. I was employed now. I was back to those lofty Billy Big Rigging checks. Hundreds of dollars to me was chump change as I've already played hands of Black Jack in the four digits. If there was a game of ball to play here why not play it? I've always said a really good trucker has to be good at two things if he/she wants to be successful. Shooting pool and gambling.
Mr. Dennis replied. "Oh that's right you did. I'll tell you what I can do for you. We're willing to settle on the initial notice of claims how does that sound?"
"You mean the one for $818?"
"Yes I believe that was the one. Would you accept that?"
I gave it some thought for less than two seconds. No I couldn't accept that. I already had over $400.00 invested into procurement fees. I was expecting a big Judge Judy indemnify the Plaintiff verdict in there.
"I....I'm sorry I really can't "
The corporate attorney cut me off. "They put a cap of a thousand on it."
I immediately thought of my father's words before I went to the initial hearing. "I hope you know what you're doing Blake. If they make an offer I suggest you take it."
I never till this day listened to my Pops. Had my Pop Pop gave me that advice I may have listened. I remember growing up how every time I used to visit Mom Mom and Pop Pop I used to take out my ear ring first and even often quickly change my t-shirt in my car if it sported Beer advertisements. I wouldn't even ever dream of sporting a tattoo around Pop Pop and I turn my radio down way prior to approaching his driveway. I couldn't help but think of my success so far by milking out this Sell-A-Con trial. The whole thing was becoming rather amusing and I couldn't help but wonder what the witches thought of it all in there. I knew that the ones that weren't out to get me would find the whole case rather amusing. Especially since I mailed them a 666 page discovery with a cartoon rat on the front holding a pen and paper. I knew some chuckles would ensue from that. But a cap of a thousand bucks for a Nationwide Company? As a gambler I was betting the man with the cigar could write some more numbers on that check. I had a feminine side too. This was more entertaining than extorting Bill Cosby. This was the company that had a cafeteria that smelled like straight poo.
"I I'm sorry, I can't even do the max you are allowed to offer. I'm really quite certain I'll win my case."
I heard a very tiring yawn. This was all very funny to me but ONLY me. Dennis sounded very worn out as if he really had to argue hard just to even be allowed to offer me my initial notice of claim amount. My uncle was right. I'd never get to meet the man that got to hide behind the curtain with a cigar but he was proving to be a tough cookie. The man with the cigar wasn't buying less golf balls this year just because Blakey thought he had a strong small claims case.
The corporate attorney didn't fully agree with me. "Well I don't know about that. I'm prepared to argue some things."
I didn't get saucy. I sure as hell wasn't going to get flippant with the guy now responsible for arbitrating the case. I just wanted to know who the fat cat was that would have to write the check. I was quite certain at this point it definitely wouldn't be Mr. Paul writing the check.
"Well I'm sorry we couldn't work things out. I already made hotel reservations so I guess I'll see ya then on December 3rd."
The attorney seemed speechless as if he may have assumed I would take the bait. I knew I was gambling heavily on this issue from here on out. I may have a selective memory but the memory I have is usually spot on. There was something already significant planned for this man on December third and I was going to capitalize from it somehow. And why not? I was fully prepared and ready to go way back on September 18th. What was I really to do with a mere thousand bucks? Another hand of Black Jack at the VIP up at Hollywood? Just how big of a vacation was planned for December 3rd? Was it worth more than a thousand bucks?
I giggled to myself as we ended the phone conversation not able to make a deal. I was really taking things to the line on this one but at the same time commending myself for the progress I had made. Wasn't the initial offer my father advised me to take only $268.00? Wasn't Blaker209 already known for going ALL THE WAY? I knew my little brother would be pulling his hair out at this point saying "what are you doing are you crazy?"
I could tell that the attorney was surprised by me not accepting his offer. I had worked too hard on the case. I was certain I could win all the money I felt that was owed to me. If that wasn't one thing I was still utterly pissed off at the entire state of Indiana for not assisting me with a wage complaint before ever having to file with the courts. I was even more upset with the speed in which the courts moved in setting up the very first hearing. On September 18th I was paying very much attention towards the timeline of the other plaintiffs having their cases heard. I couldn't help but notice that the other plaintiff's had only filed THEIR hearings just a couple weeks prior if even that long. So if my complaint was filed August 10th and paid in full why did I have to wait until almost a month and a half later?
What made the Land Lords so special that they were sitting in court just a week or two later after "They" filed? Why couldn't the Indy.gov website handle the nearly 100 email complaints I sent them? Why couldn't OSHA ever call me? Was all the incessant stonewalling simply because I was an out of stater? Was that why these OTR trucking companies get tempted to steal from us in the FIRST place? Because they feel they can get away with it knowing most likely nobody will care?
FIVE MINUTES AFTER PHONE CALL
I know that my smart phone spies on me ALL the time. I've also ran enough experiments over the years to know that when it comes to communication, the attorneys run the show. I can't think of how many times over the past few years I would post axioms to random attorneys via internet and then suddenly encounter weirdness or devices going on the fritz. I was convinced that when attorneys weren't manhandling my communication devices they were hatching clever plans to thwart my sporting wagers. And if none of that worked? I was sure they were setting up some very faux, impromptu road hazards to slow me down. I had come to learn over the years that the reason attorneys authorized this meddling and unnecessary thwarting was because they simply couldn't handle the truth. And in the event that there was an attorney out there strong enough to handle the truth that wouldn't matter either because then he/she just simply wouldn't accept the truth to begin with.
I had to reset my phone several times as I expected that to happen but was eventually successful with booking a hotel room for December 3rd since we couldn't agree to a settlement. Doing this reservation so quickly was all part of my master plan as I knew I was being spied on. Sometimes I would even intentionally browse porn without even having the desire just to drive my espionage Peek-A-Boo up a wall knowing that He/She would have a harder job to do. So I thank the 86 year old dancer lady reading this story curious about the uptick in her reviews ha ha.
I made sure when I booked this time not to book a seedy poppa roach $35.00 a night motel as I was expecting a big win at the trial and would save my lodging receipt seeking reimbursement. I made sure to set myself up at a more upscale hotel that guaranteed a fresh breakfast with real sausage links and real eggs. I had no intentions of keeping this reservation and was sure to freeze image of the fine print stating I had a month to cancel reservation free of charge. I was going to wait until the very last day if I had too. They say patience is a virtue that must be learned and now that I had real Billy Big Rigging checks coming in I was no longer desperate and had all the patience in the world. I knew that every word said in a court room had to be recorded and filed. These I believe are called "minute entries" or sometimes referred to as "sentencing minutes". I was promised between one and a half hours to a full two hours if needed. I would read as many Grisham novels as I had to just to make sure to put on a professional lawyer acting show. Even if that meant purchasing movie prop glasses straight from the Rainmaker movie. I was of course very much curious about one particular thing from the door. How did this attorney know that I wasn't bluffing? Even if I miraculously somehow lost the case I was already implementing plan b. D.C would see so much mail with the green tabs that they would be forced to buy another couple of hundred mail boxes just ensure all mail made it through. I didn't have the money to build my personal gyro copter so I could personally deliver the green tab mail myself but I would surely think of something.
THE NEXT MORNING
When the corporate attorney called me back he literally sounded like someone was calling him at two in the morning. I knew that my Mayweather strategy was working quite well and I was proving that I could continue to dance around the ring like a Merry Go Round making my opponent too tired from the dancing to even throw one punch. I'm not 100% certain but I think that studies have been done proving that more inertia is utilized throwing a punch that misses verses one that hits.
Sometimes when you catch a really big fish it's best to give it some slack instead of reeling it in right away as you're taking a big risk having the line break as it still has plenty of energy to fight. I knew Sell-A-Con had lots of play money to spare. I was relishing the thought quite a bit knowing I had a mighty big fish on my line.
Once again Mr. Dennis was on my line. Not my fishing line of course but my phone line. I don't know who in there he had to reason with but I knew if I didn't accept his next offer I could forget about getting any offer at all. Just at the very last second I came up with a brilliant idea. Why not agree to dismiss the case in exchange for the corporate attorney to represent me in my UC hearing? If he could have Mr. Paul removed as a defendant that easily than surely the UC hearing would be an easy slam dunk for him?
Mr. Dennis sounded extremely worn out. I couldn't help but imagine the "man with the cigar" may have given him a good tongue lashing for letting the settlement get so high concerning a crazy trucker with a very long history of mental illness. It was no secret. My HIPPA rights were violated on Google/Bing/Yahoo in the worst possible way imaginable.
"Hey Blake-"
I quickly interrupted. "Hey I have an idea where I think we both can benefit and come out ahead."
His voice suddenly became chipper. "What's that?"
"Would you agree to represent me in my UC hearing and I'll dismiss the case. Then the company won't be out any money and the thousands the UC office owes me is a lot more than I can squeeze out of you guys anyways. I mean really, wouldn't it make sense for me to go after the bigger money here?"
"Did you appeal?"
"Yes, I'm just waiting for the next court date. I missed the first one because of our civil hearing."
Mr. Dennis thought about my offer for a minute. "I I'm sorry but I don't believe that I would be able to do that."
I was utterly disappointed. The thousands the UC board owes me is a lot more than my doubled down notice of claim. Why would I not go after the bigger money?
I continued. "Why not? I paid my legal plan fees every week. You are an attorney for the company and I can prove I paid my eight dollars every week for the open road legal plan so why wouldn't you be allowed to represent me in a UC hearing?"
"Because that's something entirely different. I'm not gonna be able to help you with that. As long as you appealed I would think there's something you could do."
"So what can you do for me today?"
"How much was it that you said you would settle on?"
I stated a four digit number that I am not allowed to tell anybody about. (I'm not weak like the other hush money violating squeakers).
My demand got a couple more grunts and sighs. I knew I was pushing my luck but I really wanted to get the attention of "the man with the cigar" for bragging rights sake. In a sick twisted way I was almost hoping to later then get counter sued just to make my trucker novella more interesting and hope for better sales. I told my dispatcher months ago I was fed up with all these reindeer games these OTR companies continued to play on me. No father like son here. It miraculously skipped a generation. My repertoire was more closer to "Like Grand Pop like Grandson." My father was usually docile and I knew my stubbornness stemmed from my Pop Pop. He had his own carpenter business and I always liked as a kid hearing how things went when customers didn't pay and suddenly the work performed became "undone". It was never easy getting one over on Pop Pop that was for sure.
The company attorney finally relented. "Okay I can do that. I'll write up the joint dismissal along with the stipulations."
Stipulations? I thought to myself, Strings attached to that settlement check?
Could I be such a fool as to believe the "man with the cigar" was going to cut me a check without getting anything in return?
What would be in those stipulations? Would there be loopholes for me to continue to do my boxing dance moves around them?