Current status of blogger

The judge sided with DLSE in all parts of their case. The judge is paid by the SPB, which is a division of the state. The SPB is there to protect its own; they are the state's Human Resources and if anyone knows anything, Human Resources is there to protect the employer.

The judge never addressed the whistleblowing, which was a solid basis for appeal. I decided to stop throwing away money at a state department that does a disservice to the pubic, a system that promotes career incest, and a system that neither desires transparency nor change.

I make no apologies; I helped those that deserved help, I didn't whore myself out to ascend the career ladder and in the end, my fate was of my own choosing. The People of California got fucked when DIRt terminated Miles Locker & me; self-serving career bureaucrats won.

DLSE rested their case, week 1 of 2.....Blogger's case-in-chief will begin May 23rd

So this is what the DLSE put forth towards blogger's termination:

1) Terminated because blogger dismissed claimant's deception in his telephonic failure to appear.

2) Blogger terminated for DLSE failure in Satisfaction of Judgment in 18-68887/MT.

3) Blogger held Jorge Gomez to same 900-Note entry as Gomez held blogger (no policies or procedures [written], just "practices" [unwritten]).

4) Blogger terminated for leap-frogging chain of command because Jorge Gomez ignored everything the Blogger sent to him, ESPECIALLY whistleblower fraud, waste & abuse information.

5) Blogger terminated because Diana Chen always complained about men & the one woman she complained about (Tokar), DLSE never investigated because the witchhunt was for blogger-only.

6) The DLSE does not want Olga Garau to testify! Give Rosen another reason to file appeal/writ of mandate after SPB jams blogger with DLSE-can-do-no-wrong decision.

7) Dan Cornet testified that they only way to settle conferences was by telephone! All counter duty staff must make phone calls on allegations-only before case file docketing, then case file deputy gotta make more useless phone calls....where are the stats on this "success," morons?

8) DLSE lawyers might want to familiarize themselves with the Orange County Superior Court website so they don't appear to be inefficient, incompetent & derelict in their duties when testifying in trying to terminate blogger. In the instant case, Johanna Hsu (Assistant Chief Counsel, DLSE) should have seen what was filed in March, 2008 instead of trying to blame the Blogger for same in May, 2008...something the blogger never touched, seen, or was responsible for.

9) This is what is going to kick them in the balls: they had no issues with my emails, 900 Notes, chain of command, settlement conference success percentage until AFTER I won my civil trial against them in June, 2007 (I began working under Gomez in February, 2006...16 entire months of serving the public efficiently before all hell broke loose). After I won & they lost, the Dept. of Industrial Retaliation went about terminating me.

Why the houses of Gomez, Calva & Bradstreet will be subject to liens just like Almaraz when the blogger is returned to work....

1) The SPB is much like a corporate HR department: SPB is to protect the state, ergo the Dept. of Industrial Retaliation, ergo DLSE. The SPB is not there for the state employee, but if they go out of their way to protect DIRt, then the appeal is that much quicker, and the punitive damages greater.

2) These idiots had their chance to settle, they had their chance to put this down with non-disclosure agreements, and now they will experience the very public internet. Forever will public moron servants California Labor Commissioner Angela Bradstreet, Regional Manager Abigail Calva, and Deputy Labor Commissioner III Jorge Gomez be "googled." Those other idiots, Vanessa 'homewrecker whoreton' Holton, Anthony Mischel & Christopher Frick will just be the 3rd-rate legal paper pushers; it's not like they're gonna go into private practice anytime soon, and after 'googling' their names, what law firm would ever hire them? The other special-needs attorneys, Robert Jones & Richard Muñoz, are already forever googled once their resume pops up. It will be a quick connect between this blog & attorney BAR numbers.

3) The $2 million-dollar lawsuit Rosen filed is still out there, waiting for the SPB to adjudicate this to Superior Court, then Appeals Court, then Supreme Court. Everyday we get closer. Bradstreet was very dumb not to settle this, but she gonna learn the hard way, when I'm forcibly reinstated, just like Olga Garau (who might testify at the blogger's trial...can't wait!). I want my job back and I cannot wait to go back to Jorge Gomez, Abby Calva & Angela Bradstreet!

Why the Blogger will prevail:

A) Case Law

1) Kirchmann v. Lake Elsinore Unified School District

2) Garcetti v. Ceballos

3) Pickering v. Board of Education

4) Desert Palace v. Price Waterhouse v. Hopkins

5) Gordon v. Superior Court

6) Zurcher v. Stanford Daily

7) Connick v. Myers

8) State Board of Chiropractic Examiners v. Superior Court

9) Rojo v. Kliger

10) Miklosky v. Regents

11) Roby v. McKesson Corp.

12) Ruiz v. Campbell

13) O'Grady v. Superior Court

B) Rights under the law:

1) 1st Amendment of the US Constitution

2) 14th Amendment of the US Constitution

3) Article 1, Section 1 of the California Constitution (right of privacy)

4) Article 1, Section 2 of the California Constitution (right of speech)

5) The California Reporter's Shield

6) The Brown Act

7) The California Public Records Act

8) The California Whistleblower Act (Labor Code § 1102.5)

Trial now delayed until 1st week of Feb, 2011, then resumes 3rd week of May, 2011.....I just read Rosen's pre-trial brief and DLSE is in huge trouble!

I will be very surprised if Jorge Gomez makes it through this trial without losing all of his hair. He, Calva & Bradstreet are still on the hook-each individually liable for what they did to me...and that is not going away anytime soon. Gomez is done, Calva is done, but most important of all, California Labor Commissioner Angela Bradstreet is done. Rosen's gonna teach her the hard way about employee relations, and when I'm given the green light...it will be public & unrelenting.

Make no mistake, the California State Personnel Board (SPB) is NOT here for the employee, but to protect its employer, the State of California. I have no doubt that the SPB will decide everything they can in DIRt's favor and deny Rosen everything he requests. All we will be doing is laying the foundation for a very successful appeal. Justice will not be served until it is returned to a real court, and that's where this is going. The Kangaroo Court called SPB should save itself the time & expense and just give us a Right To Sue letter, just like what DFEH does.

DIRt attorneys Tony Mischel & Chris Frick don't have the IQ points to understand that I will see this to the end. Not only is their case weak, but previous case law is 100% behind me...it's something called the US Constitution, and there's this other thing called Res Adjudicada-that thing which has already been judged.

In the words of Sun Tsu, this battle's over before it started.

SPB trial delayed...again...Badstreet, Michelle, Gomez smiling for the reprieve

There will not be a budget until we change Governors, and that means I will not see a trial with SPB for forever...justice delayed, justice denied. Unless I get hit by a CalTrans truck, I will remain in the fight. My lawyer's requesting that this case be heard in federal court because I cannot have a trial with the SPB, and I am entitled to have a trial without unreasonable delay...got fired over two years ago and still no trial.

If Tony Mischel, Angela Bradstreet and the others want to prove up their case, then they should stiplulate to the sooner (and more expeditious) federal trial, but if they oppose my attorney's motion, then that tells you that the losing side only wants to delay, a common tactic with losing lawyers that have losing cases.

DIRt lawyer Christopher Frick (click pic to enlarge) nothing but a bottleneck for judges & taxpayers...

So we have this meeting to streamline the hearing. If we can stipulate to authenticity & to relevance with certain documents, then that means a faster trial and less time in front of the annuitant judge.

Mark Rosen's an experienced & successful litigator who knows not to waste a judge's time, so he stipulates to whatever he can. Do you know what Anhtony Mischel & Christopher Frick do? They don't stipulate to a thing! They also want to (further) violate my Skelly rights by introducing more garbage to their case.

During the trial, Anthony Mischel's going to sit there & kiss the SPB judge's ass because that's all he knows how to do. He sits there and wastes time by talking about nothing. He starts every sentence with, "I think the real question is...," and then he babbles like a drunken fool for an hour or so. There's a reason why the Los Angeles DIRt legal office is on the same floor as the State Personnel Board - all day long they boot lick on the 6th floor and build rapport so that there's a comfortable acquaintance between DIRt & SPB.

Plus, these SPB judges are here to protect DIRt - they are not here to protect employees because at the end of the day their checks from Schwarzenegger. Their loyalty is to those that got them the promotion (to SPB judge), and those people cut their checks. Unfortunately, I will not get a fair trial until this is completely removed from state circles.

Blogger's trial postponed until October because fiduciary cranial-rectal inversion. Justice delayed = justice denied. Jorge Gomez has a 90-day...

delay before blogger's attorney cross-examines him.I'm not sure if the fat-monkey-with-a-law-degree Anthony Mischel understands the Latin phrase res judicada, which means the blog has been dealt with already...idiot. DIRt's OD Legal team of monkeys even typed the question, "...did the blog show a potential for disruption...?" The judge said no. DIRt appealed her decision, then they withdrew their appeal, then fired me. It's already been decided, and good luck having some other judge try to over-ride Judge Fell's decision.

If the SPB decides to give me some idiot "I'm gonna protect the Dept. of Industrial Retaliation" Gov Gropenator boot-licker, then we'll be there for the appeal. I only hope that the SPB's gonna be smart enough to give me & DIRt someone who's fair and who will not give my attorney the grounds for a winning appeal. If this is their battle plan, then it's just another delaying tactic to get us to file a Writ. I can wait for that, too.

I plan on filing the writ anyway, since the last ALJ at SPB was a total nitwit who thought he was above res juducada.

Santa Ana DLSE office/Wage Claims just as inefficient as ever...for JUNE

HEARINGS SCHEDULED FOR JUNE
Jim Jackson, eighteen (18) hearings
Maria Valdez, three (3) hearings
Danny Dumbar, one (1) hearing

Danny Dumbar has perfected the art of Touch-your-desk-and-leave.

The DLSE Los Angeles office is required to send a Hearing Officer to try and reduce their workload because Jorge Gomez cannot effectively manage the Santa Ana office and Abigael Calva cannot effectively manage Jorge Gomez.

After all of their collective years of managerial service, Abigael & Jorge can only scratch their heads and shrug their shoulders in confusion as to why the Santa Ana office is so inefficient...don't worry, it will go on the record soon enough.

DIRt flunky attorneys need to understand reality a bit better...firstamendmentcenter.org - First Amendment traditions get 21st century tweak

Click here to read link.... This is what it says, for the most part.

A federal appellate judge’s simple solutions in a recent ruling for those confronted with repugnant e-mail messages — engage in debate or hit the delete button on your computer — have deep roots in First Amendment law. They involve the counter-speech doctrine and the “avert your eyes” rationale.

..."granted the defendants qualified immunity because he determined that Kehowski's obnoxious emails did not constitute harassment"

Unmasking anonymous bloggers
The Supreme Court has made clear that anonymous speech deserves First Amendment protection. In Talley v. California, the Court wrote: “Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind.” Several Founding Fathers published historic political articles anonymously. James Madison, John Jay and Alexander Hamilton wrote the 85 essays in The Federalist Papers under the pen name “Publius.”

For those of you that are intellectually impaired, like Anthony Mischel, Steve McQuinty, Jorge Gomez, Abby Calva, Angie Badstreet, Vanessa Whoreton et al...justice is coming and cannot wait.

The Governator loses his furlough of state employees, GAS legal team appealed judge's decision

Click here to read Sacramento Bee story. Literally, GAS has nothing to lose by appealing. He's out the door soon enough. He can continue to delay by appealing, which is typical in his administration. Someone with some time on their hands should post how many GAS lawsuits were filed under his watch, how many he lost, how many he appealed, and how many he won.

Electronic Frontier Foundation (EFF) to be updated of DLSE/DIRt abuses

The EFF will soon be updated as to the abuse the DLSE inflicted by terminating the blogger for having the blog. Of course, DIRt legal scumbags like Vanessa Whore-ton and Tony Mischel will need a real big strategy session after having visited the case law on EFF's website.

Once legal guru Mark Rosen pierces through Whore-ton's and Badstreet's false veil of "terminated for cause," they are gonna look really liable for losing (even) more money that belongs to the California taxpayer. Whore-ton & Badstreet are experts when it comes to suppressing the illegalities of DIRt management, but they are infantile morons when it comes to doing the right thing to a protected public servant Whistleblower that continued to divulge DLSE Fraud, Waste & Abuse as a state employee.

Danny Dumbar, hired by Santa Ana DLSE mgr Jorge Gomez, perfects the "touch desk & leave" policy on behalf of California taxpayers!

Danny Dumbar is out of sick leave and he needs his taxpayer-paid money. He finally figured out a way to keep his paycheck and to not do anything. He touches his desk and then he leaves. Of course, he literally doesn't "touch" his desk then leaves, but what he does is he generally arrives at 10am and leaves at about 2pm - probably takes his lunch, too! Hearing Officers are exempt from overtime, so as long as he shows up to work, then he really ain't gotta do any work.

Since Regional Manager Abigael Calva is scared sh*tless of having her Hearing Officers record their time on any daily logs, there's no "evidence" of how Dumbar spends his time. Literally, he should either be holding hearings or writing the hearing decisions; everything else Dumbar does is minutia, like scheduling and counter duty.

Jorge Gomez, Santa Ana's long-time, wage claim supervisory idiot, hired Danny Dumbar back when Danny was just a low-level moron in Long Beach. Apparently, Jorge found someone dumber than him. In California state employment this is important because a moron like Danny Dumbar makes Jorge Gomez look smart, and this is very important in state service because it's not about helping the taxpayers, it's about career self-preservation and special interests. Don't forget that it was Jorge Gomez that bent over, literally, in trying to help his boss Lupe Almaraz in violating my rights in which a superior court told Lupe Almaraz that what he did was illegal, but I digress.

Danny Dumbar had 35 "decisions" to write up, meaning that Danny held the 35 hearings but didn't formally write up the decisions, so instead of Jorge Gomez doing Danny Dumbar's work, Jorge Gomez told his two other hearing officers to do Danny Dumbar's job by writing the decisions on behalf of Dumbar. Jorge Gomez's immediate boss, Abigael Calva, is all pissed off about it, but she's trying to keep it hush-hush and away from upper management's attention.

Well, I'm sure that Rick Rice, Dean Fryer, Tony Mischel, Steve "Powder" McSquinty, or whoever else commits Fraud, Waste, and Abuse by using state time, i.e., taxpayer money, to monitor this blog will tell them to hurry up and cover their tracks so no one else starts poking their nose where it don't belong.

Abby Calva wants the Santa Ana DLSE settlement conference deputies to have a "cattle call" conferences in March, 2010 and then she wants the Santa Ana Hearing Officers to have their "cattle call" hearings in April, 2010. She's so desparate that she's resorting to giving up complete control to Jorge Gomez, only to have Jorge Gomez not get the job done! Go Jorge!

All the comments with the adjectives.....(see below post & comments)

I neither care about one's sexual preference nor their religious affiliation...unless they are muslim extremists and/or their personal preferences makes them biased in their ability to properly function in their official state capacity.

That being said, it's a shame that people still sleep/blow their way to the middle...not even to the top. Whether there is a Susan Kennedy/Angela Bradstreet "connection," or a Susan Nakagama/pick-any-Labor-Commissioner "connection," the public still has been screwed by DIRt/DLSE. This pro-Terminator agenda has come to screw over the majority of Californians.

When someone like Victoria Bradshaw selects horrible people like Greg Rupp, Jose Millan, Angela Bradstreet and Robert Jones to run California into the ground, then it is the majority of Californians who are victims of Victoria Bradshaw's political agenda-set forth by Arnold Schwarzenegger, her only boss.

Here's how it typically plays: Big corporations like Brinker pay a lotta money for people like Arnold instead of Grey Davis. Once Arnold's in, he installs puppets like Jose & Victoria to carry out agendas that favor Brinker. Everyday people don't contribute $$$$$ so no one listens to them-this is how it works in a current Democracy.Where do you think the money went for that $10,000,000 abortion called CMS? Private contracters that made a lotta money off the backs of the taxpayers. The last time I checked, Brinker was not a proper representative of the "People of California;" they are a minority, unlike the common taxpayer within California, who are the majority.

Instead, Arnold's puppets represent special interests with $$$ so the majority of Californians are screwed. People who make noise about this within DIRt/DLSE walls are harassed and terminated; that's what I did, and I did it on my own time. Their day of accountability is coming, every day brings me one more day closer to becoming reinstated and I only hope that one day a jury see fit to take Angela Bradstreet's million+ house in Marin County and donate it to the homeless.

Comment posted by someone who knows the state, knows DIRt, and knows that DLSE/DIR violated the law

Let me set a few things straight:

1) The blogger was NOT fired (or even close to being fired) from his federal position. He resigned to take a job with the state, a job that required a background investigation. Obviously, he passed.

2) The person accused of fellatio is not a private figure, rather a high ranking State official. The higher up you are in state service, the more public a person you become, especially when you are associated with the agency that employs you (i.e. through legal decisions, press releases etc.) This person most certainly is considered a public person, in regards to the DIR/DLSE.

3) Conversely, a lower level employee is considered more of a private person, because the general public does not associate you with the employing agency. While employed at DIR, the blogger was not a high ranking employee and certainly not associated with DIR by the general public.
These definitions of public vs. private person are from the state's basic supervision course.

4) This blog was published anonymously, and its existence does not make the blogger a public
person. His identity was not known until the DIR 'outed' him, violating his civil rights. He filed suit against DIR and prevailed.

It is clear that you are trying to slam the blogger, but at least have your facts straight. You obviously have little knowledge about the DIR/DLSE and its management, and how state agencies function.

DIR/DLSE is probably one of the worst run state agencies. The joke (made by a long standing DLSE supervisor) was the Division of Labor Standards Enforcement has no labor standards of its own. Pretty sad commentary by its management that the agency tasked to enforce labor law couldn't follow the law.

That's why this blog was started. This agency actually generates revenue, but upper management's mismanagement ultimately wastes money and at the end of the day, negatively impacts the public that relies on its services.

# posted by Anonymous : 12/29/2009 12:35 AM

From anonymous comment:

"ATTN: Blogger: Garau had no less than 4 cases against DOSH/DIRt, and she was rejected by asking her inept secty(s) to pull some files for her. Yes, she's a real bonafide LAWYER who didn't play along with the boys/aka STEVE (albino-ugly) McGINTY/aka (fat-assed) TONY MISCHELLE, and she IS real female in power...unlike the fake-n-phoney disgusting-to-female-race white-trash vEnessa IMA WHOREton who had to blow the entire DIRECTOR's staff, starting with the former/current director(s) to date."

Wow. So there exists in DIRt a female that didn't blow her way to the top, then they tried to get rid of her, then they failed, and then they think that their case against the Blogger will prevail? These morons in public service should spend less time attempting to succeed in their failing self-serving vindictiveness and more time serving the public.

What these morons don't understand is that they need just a few competent staff members to keep their hollow statistics afloat...in the event that some agency or taxpayer starts filing Public Records Act requests. Vanessa Whore-ton doesn't "get it" because she's dumb and used another method to advance her career....gulp!

DIR employee Olga H. Garau finally rec'd justice: DIRt morons Tony Mischelle & Vanessa Whore-ton still can't get it right!

If Vanessa Whore-ton's legal acuity was as good as her fellatio skills....oh wait - they are not! If I was LLoyd Aubrey, I'd kick that skank to the curb...worthless, good for nothing and stupid.

State of California Court of Appeal, Second Appellate District, Division Four, Case # B210335. Olga Garau v. SPB and DIRt...the gist of it...click here to print

10/12/05: Garau hired as a DIRt lawyer
04/05/06: DIRt puts Garau on admin leave, intending to reject her probation
04/11/06: DIRt screws up their final deadline date, prompting appeal

The ALJ who heard the case sustained Vanessa Whore-ton's rejection...big shock there that the ALJ whore themselves to the Department they're protecting

09/04/07: SPB rejects the ALJ decision and immediately reinstates Garau
DIRt appeals too late (no date specified-shocking!)
01/08/08: SPB denies DIRt's rehearing request
02/22/08: DIRt files Writ of Mandate
03/11/08: Garau files cross-petition
05/29/08: Hearing held, court intends to side with DIRt!
06/26/08: 2nd hearing decided & judgment entered, against Garau & for DIRt!
Garau files timely appeal
10/19/09: Appellate Court overturns court decision, reinstates Garau and states that the triel court erred when "starting from scratch" Garau's entire employment with the state.

DISCUSSION: these a-holes at the Dept. of Industrial Relations - Anthony Mischel, Venessa "Ima Whore" Holton, Angela Bradstreet, Victoria Bradshaw, the entire Feces 10 are just the tip of the poo-poo iceberg at DIRt. The SPB ordered Garau reinstated and DIRt refused to comply with that order, a direct violation of Government Code Section 18710. Not only that, but Garau requested immediate reinstaement no less than four times...only to be ignored by DIRt. Once again, these douchebags think that they are above the law, that they can do anything they want whenever they want and that they are accountable to no one.

These DIRt lawyers...ha! They cannot figure out the final day for a rejection from probation deadline...do you really think that they can handle Mark Rosen? He's a very skilled litigator with a great case. Unless the Blogger gets run over by a CalTrans truck....they gonna lose hard...they got no case and they got no skills! Congrats to Olga Garau for representing herself, going the entire distance (from 2005 to 2009), and having the courage to face the entire DIRty crew of whores, cheats, liars and thieves. Vanessa Holton makes Angela Bradstreet look like Victoria Bradshaw! Tony Mischel still just looks like an older, fatter, straighter version of Dean Fryer...just as dumb, just as icky!

DIRt management keeps pissing off the taxpayers...this only proves that my serving the public and not DLSE ass-clowns was right & true: I will win

This was a comment posted earlier, so I thought I would cut & paste it and let the general public read it. If DIRt/DLSE cannot comply with the simplest of tasks, then those morons should be terminated and replaced immediately. 'Tards like Jorge Gomez, Angela Badstreet, Abby Calva, Vanessa Holton, and Vick "the dick" Bradshaw have not only proven themselves to be unfit for public service but also have proven themselves to be self-serving bureaucrats that only enrich themselves and their careers.

In short this is my admitted “venting” to DLSE/DIR hypocrisy, where they have proven time and time again that they have no respect for any rational argument - in this case in regard to fundamental due process and the California Public Records Act. It is addressed to DIR Chief Deputy Director David Rowan. For a complete copy of my fax to this degenerate public clown, please email me at heliocen@hotmail.com

“In regard to my PRA requests and your conclusions that somehow the hearing recording gaps have been explained; how can we explain this 27 minute first afternoon hearing record gap? DLSE Padres’ reasoning about this stated that the disc recordings ran out of time with the disc’s limitations and HO Murphy failed to change to a new disc in time, correct? How can Padres and you explain that the first morning recording is 80 minutes long and the first afternoon recording stops abruptly at 53 minutes? The 27 minute gap must also be the time lapse between your active brain cells if you accept such an unfounded conclusion as you tacitly have by not addressing its absurdity. In fact you stated that it was “plausible explanations for the discrepancies in the hearing recordings”, which I interpret as your big fat lie. What could have been the motivation by Padres’ wonderfully short-sighted theory? She wouldn’t just make this leaky theory up and you accept it because you both want to kiss the status quo’s big kahuna butt? We must all admit that self-preservation is the law of the jungle and must be the prime motivator of all the denizens on the DLSE and DIR turf equally as I’ve observed in scaling its hierarchy. I guess this is the closest you’ll ever come to a democratic entity, acting in unison as a herd species in blind, stupid agreement. And in regard to these DLSE and DIR purposeful nonactions that are perniciously designed not to enforce the labor laws or observe due process while steadfastly refusing to weigh any evidence to the contrary, I’m reminded of the powerful metaphor in Orwell’s Animal Farm: “Four legs good, two legs bad”, where the pigs eventually act like their masters. Which in your case translates to the engine that was intended to protect laborers, now exploits them. This hypocrisy begets the worst kind of cronyism where everyone’s motive is fear of exposing this cynicism and a compulsion to watch out for everyone else’s butt at the expense of what was suppose to be a functioning, humane institution. If you don’t believe me take a look at the “DLSE/Dir(t)” graffiti that your own employees have desperately resorted to at http://nolaborstandards.blogspot.com.

In summary, I can understand the evolutionary process behind say a dung beetle on dung patrol. At least his efforts might benefit the dung beetle colony. While at the DIR/DLSE the shit only mucks up the works for those honest, hard-working Californians like me who have sought justice at these state agencies. I, like many others, have been ripped off by abysmally corrupt imposters like you who pretend to uphold the labor laws and maintain due process. The DLSE and DIR have proved themselves a disgrace and should be confined to the histories of the Third Reich, witch burnings and other abhorrent anachronisms that have obstructed the path of human progress.”

The latest, but it may be dated....

So the morons at DLSE: Jorge Gomez, Angie Badstreet, and Abby Calva are not gonna be having fun in about a year and a half. If they keep hoping that I'll get hit by a bus or a car & thus avoid losing litigation, then they might want to think about settling and giving me my job back, because I will be coming back since those 'tards cannot & will not have the authority to settle this, especially given California's financial 'tardation.

Congrats to Susanita Parker for having the largest caseload in the shortest amount of time while employed as a DLC I! This will come back to bite Jorge Gomez in the ass during his deposition as well as Abby Calva because they're constantly looking at the monthly stats! I cannot wait for jorge to be all-nervous and then pretend memory loss! You know what they say...moron at deposition, moron at trial!

I have heard that Kimchi Vu is nothing more than a Hearing Scheduler and her conferences are bullsh*t. In light of the furlogh, she spends half of her time on the 4th floor where her only Vietnamese friends hang, Jorge knows she disappears and does nothing. All Kim does is set her stuff to hearing, and she has all three hearing Officers working for her. Exactly, what the hell is California paying her for, since she does not settle wage claims? How much should the taxpayer pay for some desk jockey to process paperwork that my blind monkey can process? Moving on....

DLSE tells one of their Hearing Officers to reduce the 1,000+ hours of accrued vacation in some systematic plan, only to rescind the order because that actually means that the hearing Officer will be gone for hundreds of hours....hand to God, these morons could not find their butthole with a funnel.

Did DLSE Supervisor Jorge Gomez tell attorney that a wage claim case was more important than a Superior Court appearance?

I gotta hand it to Jorge Gomez, he has consistently remained stupid for 50+ years. Normally, people this dumb walk in front of buses, stick forks in electrical outlets, or try to load a DVD player while taking a bath.

So Monday, Sep. 21st, a lawyer has a concurrent wage claim and must appear in Superior Court. He asks Jorge Gomez to delay the wage claim, and Jorge Gomez tells him "No." Let me back up. That Hearing Officer in Santa Ana, Dumb-Bar, told the attorney that he had to put the request in writing...I never saw that in the Labor Code, but I digress. Gomez, once again, tries to be a baby shot-caller, and he keeps making the wrong call.

To make a long story short, the Orange County Superior Court told Gomez that he had better re-think his weak position (not exact quote), to which Gomez bent over and changed his mind. The attorney stayed in Superior Court and the wage claim was delayed...nothing new in Gomez's house, as he is very consistent in making the wrong decision.

I cannot wait for his upcoming deposition...cannot wait!

Civil Rights lawsuit filed against Labor Commissioner Angela Bradstreet, Regional Manager Abigael Calva and Supervisor Jorge Gomez for

First Cause of Action
Damages and Injunctive Relief under 42 U.S.C. §1983

Second Cause of Action
Violation of Rights Under State Law

Third Cause of Action
Violation of Fair Employment and Housing Act

Fourth Cause of Action
Whistleblowing

It's a real shame that the Labor Commissioner took a course of action that resulted in the filing of this lawsuit. It's a real shame that Abigael Calva and Jorge Gomez will spend their remaining years (before retiring) in depositions and their futile attempt to explain and justify what they did to me.

Here's a little hint for the morons....wait until we take a look at how they vigorously protected Vicky Tamoush versus how they secretly turned over every paper clip to justify their job actions against me. Those statistics that are being generated for Jackson's upcoming personnel action...we'll see those same gender-bending stats again in due time (75% of all hires & promotions in the last two years at DLSE were women, 25% men...3 to 1...not really EEO/DEFH compliance, huh?).

We have all the time in the world to get those stats lined up for the judge. Since the violations have already occurred, it will be incredibly hard for them to whitewash those stats, stats that will corroborate what I've been whistleblowing about all along.

Gov. A-hole thumping chest about state vehicle abuse. How about Gov. A-hole starts with Abigael Calva's car, or do rich females

get to use taxpayer-paid cars because it's a rich girl's world when Angela Badstreet's in charge at DLSE!

This is a 09.18.09 Los Angeles Times article about Gov. A-hole's half-hearted attempted to reign in spending like a drunken sailor. GAS can stop California's circling the drain by firing all of his half-wit advisers @ $150,000+/yr. When the sex-for-promotion state employees are no longer in a position of LWDA/DIR/DLSE control, then we can begin to clean it up.

Vanessa Holton, Abigael Calva, Denise Padres, Susan Nakagama, and Victoria Bradshaw can resign, turn in their taxpayer-paid vehicles, and make room for those that can do the job (with a minimum of taxpayer-paid waste).

Blogger's case is continued, Jorge Gomez & Abigael Calva personally-named in Whistleblower Retaliation suit-plus-secret leak of DLSE sickout memo

DIRt attorney Tony Mischel, while comfortable on the 6th floor, might not want to get too comfortable. The sooner the case is removed from the umbrella of Governor Gropenator, the sooner I can get a fair shake. Tony Mischel totally downplayed & minimized the whistleblower claims of CMS (fraud, waste, abuse) and the attempt to falsify the SPB's own Language Survey.

Unless DIRt is gonna promise Tony Mischel liposuction and a flabby-skin ectomy, I don't know why he'd do anything more than half-ass his legal work when Governor Grope-My-Breasts is jamming him with furloughs & pay reductions. Let Jorge Gomez & Abby Calva hire their own lawyers...unless they got their orders from hire up the food chain, their actions seemed very personal. Were they acting under orders-thus making DLSE liable, or did they go off the reservation and do their own thing?

Here's the memo that just came out...DLSE's afraid of a sickout on Wednesday, July 15th. Isn't Culbeaux the same clown that's responsible for the $10,000,000+ CMS computer software abortion? With regards to comments...please send the names of DIR employees who have knowledge of CMS' true cost overrun, payoffs, etcetera so we can prove up the financial abuse of those who have a responsible charge to the taxpayers...thanks

Latest from DIRt-Davenport's phone testimony, DLSE's CRO says that Broadwater & Jackson were secretly placed under surveillance...

1) Brian Davenport is allowed to testify at Blogger's termination appeal hearing by phone. This was decided after the June 10th blog entry highlighting DIRt's fraud, waste, & abuse by flying Davenport from Missouri to California at taxpayer expense. I cannot wait for my attorney to ask the who, what, where, when, & why this was decided AFTER the blogger's report of such fraud, waste & abuse. These fiscal morons sealed up my argument that the blog is worthy of reporting such fiduciary malfeasance. Thank you, Vanessa Bolt-ons, Toni Michelle, Steve McSquinty, and Angela Badstreet for confirming what will soon be a matter of public record.

2) Back in 2006/2007 when the DLSE morons sent DLSE police officer Lee Pearson to drum up dirt on the blogger and to solicit complaints, they also wanted to know who befriended the Blogger. It turns out that Lee Pearson's filtered/whitewashed report forgot to mention those acquired details when they turned this report over to the Blogger during the victorious civil lawsuit. DLSE secretly placed Jackson & Broadwater under surveillance in hopes of retaliating against those two as well. It took a couple years, but they finally found a reason to put Jackson on the beach for two weeks (unpaid suspension).

Unfortunately for the DLSE, they had to explain to their own CRO (Civil Rights Office) how & why they came about surveilling Jackson's emails. Since when is being a friend of the Blogger a justification to use money from the taxpayer's General Fund to place innocent state employees on surveillance? Now some of you idiots will say that no money was spent surveilling the computer accounts of Broadwater & Jackson, but I will tell you that the DLSE used taxpayer money to pay the wages for other state employees to monitor & report said surveillance, then more wages to other state employees to take action on said intelligence (surveillance reports).

At the end of the day, the DLSE paid a lot of wages to conduct secret, unjustified, and warrantless searches of innocent state employees. Their only crime was eating lunch with the Blogger, and for that, Jackson got two weeks on the beach. That coward called DLSE Supervisor Jorge Gomez did nothing to halt such illegal tactics-paid by the taxpayer, of course-because DLSE does nothing but waste taxpayer funds on trying to get rid of employees they don't like.

Governor Steroid is clueless as he was faithful....more $$$ DLSE/DIRt fraud, waste, and abuse

Gov. Idiot says he wants every agency to scrutinize every penny spent. Does Susan Kennedy look the other way just because her rainbow flag counterpart, Labor Commissioner Angela Badstreet will waste any & all money necessary to try and win their termination against the Blogger?

These idiots are flying out Brian Davenport, at TAXPAYER EXPENSE-from Missouri to Los Angeles, to testify that the Blogger made a command decision based on no policy, procedure, or practice-despite numerous requests for such policies & procedures. Furthermore, Davenport was made entirely whole because Jorge Gomez gave him a new conference-even though Davenport didn't deserve a new conference because he failed to appear at his initial conference-but Rosen will spend all day hitting them in the ass with that...I cannot wait!

DLSE lawyer scumbag Toni Michelle is gonna give Rosen every opportunity to publicly humiliate the DLSE's incompetence, ineptness & insolvency (hit-CMS). Davenport is just one of many slices of crow that DLSE will be eating-the sooner the better.

Hopefully these douchebags will not ask for a delay and we can get this party started. There's no need for the douchebags to have a delay since it's their case and they should be fully prepared for their trial THE DAY THEY FIRED ME!

Blogger rec'd this from anonymous source...quoted below

"It has come to my attention that since a Hearing Officer in the Santa Ana office haas filed a grievance based on gender discrimination as well as filing a complaint with EEOC, he has ben harassed and retaliated against. The Department has now made a 35-year employee with a spotless record appear to be the worst employee ever hired. The retaliation is relentless in that he has now been issued warnings concerning attendance, lateness, and long lunch hours. Furthermore, every time he refuses to settle the matter with the Department he is further disciplined. The first time he refused to settle, he was issued an attendance warning, the second time he refused settlement he was given another disciplinary day off without pay. What is the union doing in trying to resolve these discriminatory and retaliatory acts. The answer is that they are trying to coerce the employee in accepting a settlement offer that favors the department rather than putting an end to these discriminatory acts. It is public knowledge that "CASE" has never won a grievance against this department and they will do anything to settle rather than going to a hearing or God help us, court."

Blogger's comment: let me address two issues,
1) the employee's union, CASE, has so much money and so little talent-it is embarrassing. For example, let's say that there are 400 DLC Is and DLC IIs paying $45/month in dues. CASE takes in $18,000 a month-just from the DLSE employees! $18,000 a month! Who the heck knows that they do with that money because CASE receives a lot of money from DLSE just to lose their grievances! CASE representative Monica Miner is a better breast-feeder than legal representative. She should go back to being a full-time mother because this way, only one human being is effed up under her watch instead of the DLSE employees that must suffer under her representation.
2) DLSE's history has been to intimidate with their lawyers and investigations until they get the desired result. All one needs to do is to take them to court, a real court, not their in-house Civil Rights Office (CRO) and certainly not the State Personnel Board (SPB). The CRO is there to protect the DLSE, to whitewash any management improprieties and the hammer any employee deemed undesirable. The SPB is here to protect the Governor's interest, which means that the DLSE must be protected. Since it was management that initiated these adverse actions against the employee, the SPB must now find a way to legally justify DLSE's incompetence, lack of policies & procedures, double standards, retaliation, and discrimination.

DLSE ambulance chaser Tony Mischel will probably win his SPB case against me, but I'm not going to stop there...it will go to a Writ of Mandate in Superior Court, and if the SPB judge intentionally shows bias towards the DLSE, then the state bar can handle that complaint. I'll pit my attorney against Tony Mischel on any day of the week, even my attorney's worst day and Tony Mischel's best day. Tony's nothing unless he has home court advantage. Put Tony in a real courtroom and he's just another fat old man with a law degree, no talent and certainly nothing special-that's why he's a lowly hatchet-man for a 3rd-rate agency like the DLSE.

In a few years, his fat-encrusted heart will either seize up, he'll have a stroke from all that smoking, or maybe he's already a Type II Diabetic because of all those chocolates. In any event, his body fat content, the girth of his waist, his smoke-filled lungs only play to my favor. Tony Mischel is a lazy glutton, whether it's a cigarette, a sausage, or a caramel. He has no internal discipline, and that makes him the best kind of adversary: a lazy moron whose daily hell is getting out of bed and trying to fit into his own elastic pants. The sooner my attorney wins, the sooner I can laugh harder and louder.

Received from anonymous source...read below...the DLSE should be eliminated by the Governor to save billions in the California budget

"Sex discrimination still runs rampant throughout the Division. A pattern has developed over the past (5) years that the vast majority of promotions are now given to female employees. This pattern of discrimination is well documented if someone wishes to file a sex discrimination claim and subpoena the hiring records for the past (5) years. Also the EEOC stats would indicate that the majority of professionals in the Division are now female. A comparison of these stats with EEOC stats (5) years ago would prove this pattern. Men, it is time to step forward and put a stop to this discriminatory practice. Could the answer possible be that female Labor Commissioners have reigned over the Department for the past (5) years. It is further public knowledge that the present female Labor Commissioner is especially fond of females. Men, you don't stand a chance in this Department if you are looking for a promotion. Just look at the present chain of command!"

Blogger's comment-Vicky Bradshaw, Angela Bradstreet, Susan Kennedy, Denise Padres, Abby Calva, and Susan Nakagama have wrecked havoc with the DLSE. What Gov. Terminator should do is just eliminate the DLSE and give every Wage Claimant a Right-to-Sue letter, exactly what the DFEH does with their claimants. Gov. Terminator could eliminate a wasteful, anti-Republican DLSE, save gazillions of dollars in the California budget, and leave the poor & uneducated to fend for themselves.

Instead of having 30 Deputy Labor Commissioners, you could hire a part-time clerk (with no benefits) to issue Right-To-Sue letters for unpaid wages and penalties, simultaneously passing the buck and inundating the court system with legal battles that the DLSE should not be resolving anyway (Hearing Officers are not lawyers, yet are practicing law without a license).

DLSE Wage Claim stats for the Santa Ana office as of today

BB: 457 open cases/99 of those to hearing (21.6%)

SP: 523 open cases/44 of those to hearing (8.4%...she's sitting on them!!!)

KV: 451 open cases/222 of those to hearing (49.2%...don't settle-just go straight to hearing)

LM: 458 open cases/103 of those to hearing (22.4%)

KB: 141 open cases/78 to hearing (55.3%...she's new & hand-picked by Jorge Gomez)

So this is the latest-Labor Commish is all pissed off about the backlog of wage claims that Regional Manager Abby "I'm not like my sister" Calva had to spend all day with Jorge to try and solve this puzzle! Labor Commish wants Jorge to go thru every single open wage claim to try and figure out what the slow-down is. I already know the answer but they don't! It's probably all those telephonic settlement phone calls that the Wage Claim peeps aren't making! That's it! If they would just do what Labor Commish (thinks) is the solution, then all of DLSE Santa Ana's problem would go away! WRONG! They have Jorge chasing his tail with case reviews (like that ever worked in the past), DumbBar calls in sick almost every time he's required to hold hearings, no one's working on Mondays, they are still trying to break it off in Jim Jackson's backside (no friend there!), and what else???

Oh yeah, everyone in the office hates Jorge and they go out of their way to slow things down. Some are so motivated to make him look bad...Lenora, Kim, DumbBar (especially), but it will take the Labor Commish, Abby Calva, and Jorge Gomez years to figure out that they've made enemies of the workers in the trenches! Keep up the great work with the stats! Susanita's got the highest caseload, she should be getting an award for her public service!

April, 2009 update of the Santa Ana DLSE office (names were deliberately changed to protect the innocent)

I had lunch with Jorge Gomez and Robert Jones, both of them looked horrible-Jorge had his bad hair dye job as he hates being a grandfather, and Robert's knees still hurt from all of his attempts at getting confirmed by the California Senate for some do-nothing state job that pays $150k/year, but moving on....

Apparently, Denise Padres decided to promote a boatload of girlfriends to the position of IRR, thus positioning them to rapidly advance as DLCs-since that's the next step up from IRR. You go girl!

Jorge has been systematically retaliating against his only Hearing Officer that actually writes up the hearing's decision in a timely manner. Jorge doesn't give a rat's ass about DumbBar's 100+ backlog, as DumbBar is writing up decisions on hearings held in December...By the way, DumbBar was Gomez's personal selection for the Vicky Tamoush hearing officer vacancy. Just goes to show, urinal water seeks its own level. As for the other hearing officer, she's about 15+ hearings behind in her decision write ups, and it doesn't matter because Jorge has an altogether different mission: retaliating against the one hearing officer that asked for and was denied telecommuting. DLSE officially stated that there is no telecommuting policy, as they have been very busy terminating & retaliating against other employees to do any productive work that would reduce their liability.

The union representing the hearing officer, CASE, is about as dumb as they are slow. If they could make the hearing officer's adverse action disappear, then they could get back into bed with DLSE management, but DLSE management is so dysfunctional that CASE actually might win this one, but not because of their talent...even a broken clock is right twice a day. The hearing officer has a very strong case for discrimination, since DLSE management apparently forgot to discipline all of the other females involved with the email adverse action suffered by the male hearing officer!

Is Vanessa Holton a special-needs attorney, as well as her minions? How did these legal rejects think that they could discipline a male DLSE employee but not the female DLSE employees (PLURAL)? Just as they were trying to settle the case with the hearing officer, these idiots kick Jorge Gomez in the butt to start harrassing the hearing officer, thus adding to the hearing officer's retaliation...can't wait for DFEH and EEOC to weigh-in on this once the dust settles.

Women completely protected at DLSE: Lenora Lewis, Angel David, etc. didn't get suspended like that man the Denise Padres suspended for those emails!

DLSE Labor Commissioner Angela Bradstreet does love her women at DLSE; I mean, she really loves them!!!! Denise Padres suspends a man for two weeks for receiving & forwarding inappropriate emails, then does nothing to the women that sent him those emails! I bet that no investigations were initiated on those women because under woman-lover Angela Bradstreet, women get promoted and men get suspended!

Once these pro-woman/anti-men discovered how many discriminations laws they violated, they had that moron supervisor Jorge Gomez call the man's home (on a Thursday night) to inform him that his suspension is now one week instead of two, and that he's to serve the second week of suspension sometime before March 29th. Who had ever heard of such unprofessional conduct by Jorge Gomez? Why was this man's suspension revised, who reviewed and approved the 2-week suspension, and who decided to revise it (orally, not in writing, and at the 11th hour)? Labor Standards has no labor standards.

To sum it up, these female managers at DLSE (pretty much) violated every rule in the supervisor's handbook regarding retaliation & discrimination, but they don't care because they are untouchable-free from any sort of accountability.

DLSE employee files grievance against Deputy Chief Denise Padres, then Padres suspends employee for using emails about telework/union activities!

Is there anything Denise Padres will not bend over for? Victor Jurado off-duty? Angela Bradstreet on-duty?

Padres suspended this DLSE employee, who has had an unblemished thirty (30)+ years in state service, for two (2) weeks. Padres put this employee on the beach because telework was requested, DLSE refused it, a subsequent grievance was filed, emails were exchanged, and then WHAM! DLSE employee suspended for union activity using the state's email system.

How come DLSE cannot apply that same type of discipline with the email exchanges of Vanessa Holton and Lloyd Aubrey? Labor Standards has no labor standards: unfair, uneven, unrepentant all the time...welcome to DLSE.