[Cerek]

Originally Posted by Bungleau Better to show up armed for bear and only need a peashooter... ...than to show up with a peashooter and be faced with a bear. Just 'cause you *have* lots of weapons doesn't mean you have to *use* them. Good luck, amigo...

This is very true. A lawyer once showed my dad a trick they use. Dad had filed a grievance against the local school board because of an incident that occurred at my school. The lawyer told my dad to bring a file folder full of paper to the meeting. He said the folder should be thick enough to be very noticeable (about 1/2" or so). During the actual meeting with the school board and their attorney, dad sat at the table with his hand resting on the folder. After the meeting was over, the principal (who was a friend of dad's) came up and asked curiously "What is in that folder?" Dad said "More evidence we had, but didn't need".

The folder was full of blank paper.

But just seeing that they supposedly had that much extra information and documentation played a psychological trick on the school board members.


The point is that your dept mgr and the HR rep probably don't expect you to show up with very much documentation to back up your position. In fact, the HR person did their best to ensure you wouldn't bring anything. So show up with everything you can hold, carry and pull.

Bung has given you several very good avenues of approach with which to challenge their case. I would focus especially on exactly what they mean by fraudulent and put the burden on them to prove fraudulence occurred. Also challenge their idea of a "period". Make them say exactly how long this "period" would be and justify docking your commission for that entire period over one minor indisgression.

Your best strategy will be to point out the weakness in their attack and to challenge those points. Make them give specific answers and back them up. When they realize they can't just bully and bluster, they will likely be much more willing to compromise and reduce (or maybe even eliminate) the warning when you concede that "perhaps you could have done better".

Good luck, my friend.