Our story so far:
- My office received a corporate reopening plan at the end of August.
- The plan mandated masks and testing, but no vaxx "at this time."
- In early September I let the named HR contact know that I would comply if she could satisfy my conditions.
- They were laid out in a Conditional Acceptance (CA) that identified her as the principal in a Common Law action (see Part 2 for details).
- The CA gave her ten days in which to respond, and was sent by both electronic and registered mail.
- Being named in the policy (making them agents), I copied my group's president and head of development.
Let's pick things up on the Saturday after the positing of my CA:
I checked my company email and found a note from my immediate manager who was dismayed by the surprising lack of trust and openness my action displayed. Management was also mystified as to why I was objecting, since returning to the office was voluntary.
I laid any communication breakdown at corporate's feet. By parroting the government’s 24/7 “be afraid, be very afraid” mantra, and imposing top-down controls instead of treating us as adults who can make decisions for ourselves, they have done their level best to make us fearful of the world and of each other. Officially closing offices and sending us off to hide in our basements a year after the various state lockdowns, had illegitimacy written all over it. Why then? What were they not telling me? Was I being manipulated? Why should I trust anything they say?
Laying these mandates on us with two days notice with no discussion, and without seeking comments certainly didn't inspire trust. Does corporate think masking us will somehow restore esprit de corps? How do muffled voices emitting from obscured faces not hamper communication, stir mistrust, feed fear, and continue to isolate?
The policy itself is unlawful, and excludes those not willing to undergo medical interventions. I added, that if JD has been paying attention to the pandemic rollout, he knows that “two weeks to flatten the curve” has no end. I can't say what supposed variant we’re on, but I can guarantee the last variant is totalitarianism. I made clear that I was standing on principle, and expected the policy to be dropped. That this is the hill to die on. We left it at that.
I returned after a week of vacation to see a Teams meeting scheduled for that Monday morning between myself, JD, and HR legal (HR facilities had forwarded them my email). In the meeting, CC at HR acknowledged having received my CA, and having had it reviewed by their lawyers. She said that they had gotten many inquires, complaints, and challenges with regard to their policy. The lawyers had informed her that company policy was perfectly legal, and there was no reason to address my conditions.
Of course I objected. Besides being unlawful toward bodily autonomy, skirting anti-discrimination laws by claiming to follow CDC guidelines, and making office attendance voluntary (for now) is deceitful. The existence of such mandates excludes me from participating in day-to-day office activity in the same way that removing wheelchair ramps keep the physically handicapped out.
I added that there is no real science behind the CDC's rules, only scientism. I started to bring up the dozens of news pieces, journal articles, and technical papers I had collect on just this one aspect of the so-called pandemic when JD chimed in that CC wasn't in a position to judge the merit of these. Basically admitting that the company doesn't care about the facts.
And so it rolled. CC spent most of the remaining time restating company policy, and making it clear that if I was not going to wear a mask, I could not be in the office. Contradicting that stance, she proceeded to offer information about requesting a medical or religious exemption. I couldn't help but answer, "I'm not interested in asking anybody for my rights. As a free man, I am asserting them." It bounced right off her. She gushed on, bizarrely to my mind, about how great it was to live in a society where we can have such differences of opinion, and still work together.
That's were it ended, at least in the minds of CC & JD. Well, yesterday was the expiration of the extended deadline for the CA. So on Friday afternoon I sent CC a Courtesy Notice (CN) informing her that because she had not yet answered my CA in proper “affidavit” form, nor rebutted its items on a point-by-point basis, her reply up to now is insufficient and has no lawful merit or value.
But hey, maybe this was a simple oversight or misunderstanding on your part. So I am magnanimously giving you another five days in which to respond.
Well, I got an email back in less than an hour. CC was clearly befuddled. She stressed that I had already been told how it was going to be during our meeting, that there is no room for negotiation, and HR doesn't have to answer any stinkin' conditions. I just chuckled, because she has set herself up for default, a notice for which I will be sending out at the end of next week.
Stay tuned for part 4, Pedes.
OP, I commend your effort. This stuff is not easy to figure out, much less to have the balls to do.
Having said that, I am not so sure that this organization is giving you 100% good info.
An ex parte hearing is very unusual and typically not allowed except for specific situations. Your beef with your company is not likely one of them. An ex parte excludes the other side. What if they did that to you? What if they went to the judge and discussed the situation without you being able to be involved? It would be unfair to you.
When something is unfair to one side, then it is usually a violation of due process. There are some exceptions. A Petition for Writ of Habeas Corpus is one such exception that I know of. But even that brings the other side in, too. The ex parte in that is more of a formality, not anything close to a judicial verdict.
So, sending some letters and then having an ex parte hearing with a judge seems like it should not be allowed, as a matter of law. I have not researched it, but it rubs me the wrong way. Something about it feels like it will not end like they are saying it will.
If they have examples of situations where this has worked, then maybe they are on to something that works. Do they? Do they have real examples that you can verify, or is it just their claims?
Also, the idea of a "conditional acceptance of offer" doesn't really make sense in this situation. If I make a formal offer to buy your house, you can make a "conditional acceptance," but the conditions you impose turn it into a counter-offer.
That's cool when it comes to real estate, because there was a clear, contractual offer.
Your situation is different. You already have a contract with them to work. They are attempting to impose, unilaterally (without your consent), a change in that contract. They are also attempting to violate your right of liberty. They are also attempting to impose medical treatment upon you, without being hired by you to provide medical treatment, most likely doing so without a medical license, and basing it on fraudulent statements by a third party (CDC).
If you really do not want to go to court, and you primarily just want the policy to go away, you might consider adding in some additional things as you go through your process (Notice, Notice to Cure, etc.). These additional items would be things that both let them know what the real science is (articles about studies that show face masks are not helpful, and can be harmful), OSHA regulations (although, they have recently changed for Covid, but have long-standing regulations showing that face masks are generally prohibited in the workplace), etc.
You could also create your own affidavit. As you likely know, certain things must be in an affidavit for it to be legally accepted as an affidavit. Once you check those boxes, you can only include information you have from first hand knowledge. You cannot claim as a fact that somebody else did some research. You can only state what you know. So, you can state that you read research X (copy attached), and that you have concluded from that such and such.
An affidavit that is not rebutted by a counter-affidavit stands as the truth, once it is attested to in court. My understanding is that, if you do it right, then your affidavit(s) would be the only evidence presented in court, since their side will be easy to rebut. If you present evidence and they do not, then 100% of the facts are on your side. You should win.
Ultimately, "winning" could take different forms, depending on what you want to do. You could get an injunction stopping them. You could get a court to order a Writ of Prohibition (an injunction is a subtopic of this). You could sue them for monetary damages. Lots of ways to go with it.
Just a few random thoughts.
Good luck with it, and let us know how it goes.
Thanks for the encouragement!
Commoner Law has held sessions with verbal live reporting from hearings. I have only managed to make one of these, and it did not go as expected. I don't know about the others.
My understanding is that bill collectors use notices of obligations/debts followed, after a stated period, by a notice of default to get ex parte judgements against a debtor. It supposedly works, because the other party didn't bother to challenge the claim when given a chance.
The conditions of a conditional acceptance are mostly worded in the negative, and cannot be accommodated by the aggressor without basically admitting to unlawful behavior. Here's an example from mine:
This is not something they can actually argue against, and points the way to showing that what is being demanded is not lawful.
Of course I don't know how it's all going to play out. And I hope my nerve doesn't fail me. I plan on posting an update tomorrow reflecting a change in the planned flow of events due to the vaxx now being mandated.
I don't know if you are still reading this. In case you are --
That's kind of what I suspected.
But that is NOT an ex parte hearing. That is the debt collector filing a lawsuit, serving notice on the defendant (if they did), the defendant does not show up, so the plaintiff gets a default judgement. That is not ex parte, even though one side did not show up. Ex parte is outside of the court room, with only the judge and one party invited. Here both parties were invited but one chose not to show up.
Think of ex parte as: "exclude the party." Here, nobody was excluded from discussions with the judge, in open court.
This default judgement could get vacated, but very few people know that, much less do something about it (if they knew anything, it would not have happened in the first place).
So, if they are saying this is an ex parte hearing, they are full of shit.
Sure, they can. They can just make up some bullshit and say it is not a violation, and if the judge agrees, that's it (unless appealed). There has to be MUCH more than just this, IMO, if the goal is to WIN.
Yes, keep us posted!
A lot of us are trying to figure out the legal tricks used so we can get back to the rule of law. I just don't think these guys are on the right track. I hope I'm wrong and you win.
I'll be sure to take this all under consideration, pede. But I hope you're wrong :-)
Anyway, part four is coming out tomorrow if I can get to it. Stay tuned.
Looking forward to it. BTW, I know how to make bill collectors go away, if you are looking for that info (maybe not -- maybe it was just an example).