They had an excellent excuse, however - somebody on their witness list, apparently, had to have "emergency" breast cancer surgery. Apparently, something happened with the cancer process that required a last-minute cancellation of the hearing. It obviously wasn't a scheduled surgery, or we would have had plenty of notice, right?
With some notice, we could have moved the hearing forward instead of delaying it another month or more. As it turns out, the last-minute nature of this surgery inadvertently caused me additional hardship.
My mother had breast cancer, so it isn't something I joke about. I'm very sorry if somebody had to have breast cancer surgery. And for this reason, it would make me especially upset to find out that this woman's surgery was used by TSDC to manipulate the hearing date. If it was, then we certainly have another ethical and perhaps legal problem.
...a person who "corruptly or by threats of force, or by threatening letter or
communication, influences, obstructs, or impedes, or endeavors to
influence, obstruct, or impede, the due administration of justice" is
guilty of the crime of obstruction of justice. ... Federal courts have read this
clause expansively to proscribe any conduct that interferes with the
So, I will be asking for evidence of the "emergency" surgery having taken place on the date of the hearing. If TSDC cannot produce this, then I think an obstruction of justice charge must be filed. Additionally, if their attorney knew about this and delayed informing the DLSE until it was too late to move the hearing forward, then I would suggest the California State Bar must be contacted as well. Obstruction of Justice goes for attorneys too.
Anyway, they have delayed the hearing twice now - so the DLSE investigator said she will ask them to submit their evidence at this point. I get to rebut it.
Meanwhile, TSDC has provided me with ample justification for this blog as a way to put the required pressure on them to obey the law and to work toward a timely solution to my wrongful termination and retaliation charges. If this blog wasn't here, they would have no reason to not delay this case forever. So, obviously, the more pressure I put on them to AT LEAST obey they law, the better.