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buymybook
Joined: 21 Feb 2005
Location: Telluride
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 Posted: Wed Jan 11, 2006 11:51 pm Post subject: Judge's Ruling |
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This week a Civil Court Judge recently ruled somewhat in my favor to receive 5.9 million Won for being fired illegally(10th/11th month of contract) etc... about 18 months ago. I say somewhat because I'm not sure about the details. I went with 4 of my Ajuma students who Interpreted the Judge's decision.
One told her husband she will be attending a civil court decision, the other three did not. I fired my court appointed Interpreter for giving me wrong/lack of information about trial specifics. A letter will be sent to me later describing some details. They sued me and my Korean friend for 9.990,000 million Won.
Even though the Judge asked my former employer for evidence of damages(loss of students) and who should pay what(my friend or I) and other possible details...No proof of damages were ever provided for the court. I filed a motion to Quash, the Judge ignored my motion allowing their case to continue due to another claim of theirs..."Headache," although no doctor bills we provided.
My Korean friend was later allowed to go free or the claim agaist him was dropped. The Judge said I "forced" him to translate the picket sign. My supposed Korean friend's mother ordered him not to talk to me ever again. The Judge said I must pay 5 million Won for what should only be in my opinion... their "headach." I should learn about this in the detailed letter that will supposedly be sent to me in the mail. Three months after they sued me I counter-sued for approx. 12.5 million won.
Later, I increased the amount to 20 million Won(the Civil Court max. if no Attorney exists) because I learned I was inappropriately blacklisted by Immigration for "running away and quiting my job." That is what my former employer told Immigration the first day I began picketing.
3 weeks later my former employer went to the Labor Ministry for our hearing and they tried to convince them(another governmental office) that they fired me legally. The Labor Ministry ruled in my favor but couldn't help me due to the 5 employees or less Hagwon size statute.
So, this past week the Judge ruled they must pay salary owed, salary to be paid, bonus, plane ticket, rent, through the end of the contract, translation/interpretation fees.
The questions are... Will I ever be paid? If so, how? If not, why? Will they appeal/can they? I heard there is a legal "Thug" service I could hire to give them a polite scare! |
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Satori
Joined: 09 Dec 2005
Location: Above it all
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| Posted: Thu Jan 12, 2006 12:12 am Post subject: |
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| That`s an extremely poor report of the situation. Your writing is very unclear, and several vital details are not included. Somehow I just can`t muster any sympathy for you. |
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bellum99
Joined: 23 Jan 2003
Location: don't need to know
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| Posted: Thu Jan 12, 2006 12:23 am Post subject: |
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| They can usually appeal 3 times. They can really drag this out if they want to. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Thu Jan 12, 2006 1:38 pm Post subject: |
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| Satori wrote: |
| That`s an extremely poor report of the situation. Your writing is very unclear, and several vital details are not included. Somehow I just can`t muster any sympathy for you. |
Do you know the situation? Who are you? Are you connected with the court?
The only "vital" thing that was left out to help you understand is that the way I was awarded the 5.9 million. Of the 20 million I counter-sued I was awarded 10.9 million Won. Take that and subtract the 5 million I was ordered to pay and you get 5.9 million.
Got that Watson? Did that help? This situation has been going on for 17 months, I'm sorry I won't write the book for you! |
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Big Mac
Joined: 17 Sep 2005
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| Posted: Thu Jan 12, 2006 1:50 pm Post subject: |
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| Satori wrote: |
| That`s an extremely poor report of the situation. Your writing is very unclear, and several vital details are not included. Somehow I just can`t muster any sympathy for you. |
I agree. Your writing is not clear and I find it difficult to figure out what you are saying. I read about three paragraphs and stopped because I was confused. |
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bellum99
Joined: 23 Jan 2003
Location: don't need to know
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| Posted: Thu Jan 12, 2006 2:56 pm Post subject: |
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| Yes, the writing sucked...but so what? At least it is something new and at least someone went all the way with a boss and won. If you wanted to know more, then you should have asked him questions. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Fri Jan 13, 2006 2:57 am Post subject: |
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| bellum99 wrote: |
| Yes, the writing sucked...but so what? At least it is something new and at least someone went all the way with a boss and won. If you wanted to know more, then you should have asked him questions. |
Yeah, so it's not perfect. So what, if you can read English you should be able to understand most or if not all. You weren't there, maybe you don't know legal jargon? Just like your suggestion for the person who might want to know more, you should detail what "sucked." Duh! |
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Big Mac
Joined: 17 Sep 2005
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| Posted: Fri Jan 13, 2006 11:11 am Post subject: Re: Judge's Ruling |
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OK, well you asked for it. The main problem has to do with the structure of what you wrote. It is not constructed logically. Information seems to come out of nowhere. You're also throwing a lot of confusing and unnecessary information into the mix. My comments are between the dotted lines.
| buymybook wrote: |
This week a Civil Court Judge recently ruled somewhat in my favor to receive 5.9 million Won for being fired illegally(10th/11th month of contract) etc... about 18 months ago. I say somewhat because I'm not sure about the details. I went with 4 of my Ajuma students who Interpreted the Judge's decision.
-----------------------------
Maybe you should know all the details before you write about it. Do we care that you went with four ajuma students?
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One told her husband she will be attending a civil court decision, the other three did not. I fired my court appointed Interpreter for giving me wrong/lack of information about trial specifics. A letter will be sent to me later describing some details. They sued me and my Korean friend for 9.990,000 million Won.
---------------------------------
We don't care what they told their husbands. We don't care who you fired. I thought you were telling us about the court case that ruled in your favour...is there a separate case? Why are you telling us about it here? I'm confused.
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Even though the Judge asked my former employer for evidence of damages(loss of students) and who should pay what(my friend or I) and other possible details...No proof of damages were ever provided for the court. I filed a motion to Quash, the Judge ignored my motion allowing their case to continue due to another claim of theirs..."Headache," although no doctor bills we provided.
-------------------------------
I don't understand the headache thing. Were they claiming that you were fired because you missed work because you had too many headaches? Who was supposed to provide doctor's bills? This is very confusing.
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My Korean friend was later allowed to go free or the claim agaist him was dropped. The Judge said I "forced" him to translate the picket sign. My supposed Korean friend's mother ordered him not to talk to me ever again. The Judge said I must pay 5 million Won for what should only be in my opinion... their "headach." I should learn about this in the detailed letter that will supposedly be sent to me in the mail. Three months after they sued me I counter-sued for approx. 12.5 million won.
--------------------------
What picket sign? Why do we care what your friend's mother said? OK, now the "headache" is becoming a little clearer. You mean that your former employer was claiming you were a headache for them and they wanted you to pay for their trouble. Why didn't you say that above? So you have to pay them...which means you lost the first case. So now you're countersuing for 12.5 million Won? So now I understand that there are actually two cases here. It took way too much work to figure that out.
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Later, I increased the amount to 20 million Won(the Civil Court max. if no Attorney exists) because I learned I was inappropriately blacklisted by Immigration for "running away and quiting my job." That is what my former employer told Immigration the first day I began picketing.
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OK, so you raised the amount of your second lawsuit. Your boss told Immigration a lie. Got that. So you were picketing? Where were you picketing? Why didn't you tell us that before you started talking about a sign earlier? Was this the source of their headache?
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3 weeks later my former employer went to the Labor Ministry for our hearing and they tried to convince them(another governmental office) that they fired me legally. The Labor Ministry ruled in my favor but couldn't help me due to the 5 employees or less Hagwon size statute.
------------------------------
OK, that's clear. Three weeks after what though?
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So, this past week the Judge ruled they must pay salary owed, salary to be paid, bonus, plane ticket, rent, through the end of the contract, translation/interpretation fees.
-----------------------------
Oh good, so you won your court case. But you didn't get the 20 million Won you were asking for. Too bad.
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The questions are... Will I ever be paid? If so, how? If not, why? Will they appeal/can they? I heard there is a legal "Thug" service I could hire to give them a polite scare! |
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Your questions make sense.
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OK, so you never told us your version of why you were fired. You never told us their version. Perhaps your firing has something to do with your poor command of the English language? By the way, is English your native language?
Your writing was a mess and it took me way too long to figure out what you were saying. It wasn't clear from the beginning that you were actually talking about two cases. I still don't think I fully understand.
After spending all this time going through your writing, I can understand why you were fired. So I don't have much sympathy for you. I'm glad you at least got something for your trouble of coming to Korea. I hope you actually get the money, but I wouldn't count on it. |
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Mr. Literal
Joined: 03 Jul 2003
Location: Third rock from the Sun.
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| Posted: Fri Jan 13, 2006 3:35 pm Post subject: |
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| Satori wrote: |
| That`s an extremely poor report of the situation. Your writing is very unclear, and several vital details are not included. Somehow I just can`t muster any sympathy for you. |
And that's putting it lightly. Huge gaps in the details, unnecessary information and lack of coherency are just a few of the flaws.
It's a total mess. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Fri Jan 13, 2006 6:50 pm Post subject: |
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| I agree with the above two posters. This is not a critical essay forum, but you should at least be able to provide a clear outline of what actually happened. |
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JeJuJitsu
Joined: 11 Sep 2005
Location: McDonald's
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| Posted: Fri Jan 13, 2006 8:43 pm Post subject: |
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| A bit nonsensical, however, I DO like the idea of picketing with a sign outside any hagwon that rips you off. Seems like it would be an extremely effective tactic against unscrupulous owners in this land of "face" and all that. |
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RachaelRoo
Joined: 15 Jul 2005
Location: Anywhere but Ulsan!
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| Posted: Fri Jan 13, 2006 8:45 pm Post subject: |
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| Not only is the OP confusing, but the OP's reaction when people pointed this out is bizarre. Why was it so defensive and angry? Why not just clarify? |
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ajgeddes
Joined: 28 Apr 2004
Location: Yongsan
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| Posted: Fri Jan 13, 2006 9:04 pm Post subject: |
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| Too bad he won. I think it was the students who had the 'headaches' and all their medical bills. In fact, can I get in on that, now I have a headache. |
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weatherman
Joined: 14 Jan 2003
Location: Korea
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| Posted: Fri Jan 13, 2006 9:21 pm Post subject: |
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| Satori wrote: |
| That`s an extremely poor report of the situation. Your writing is very unclear, and several vital details are not included. Somehow I just can`t muster any sympathy for you. |
I agree. Sounds interesting, but take more time and care and tell us the details... do it in parts over a few days of posting if you would like... You have had an usually experience and I am sure it would be of value to others if you shared. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Fri Jan 13, 2006 10:16 pm Post subject: Re: Judge's Ruling |
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HEY "BIG MAC," DO YOU SPEAK FOR ANYONE/EVERYONE ON THIS BOARD? I THINK NOT SO PLEASE STOP SAYING "WE!"
MY "STRUCTURE" WAS TO SIMPLY STATE THE FACTS, THOSE FACTS THAT I CHOSE TO INCLUDE.
| Big Mac wrote: |
OK, well you asked for it. The main problem has to do with the structure of what you wrote. It is not constructed logically. Information seems to come out of nowhere. You're also throwing a lot of confusing and unnecessary information into the mix. My comments are between the dotted lines.
I WAS IN A KOREAN COURT, DO YOU EXPECT LOGIC? THERE DOESN'T NEED TO BE LOGIC BEHIND THE FACTS. FOR EXAMPLE...WHY WOULD A JUDGE ACCUSE ME OF FORCING A KOREAN TO TRANSLATE A PICKET SIGN. I AM A FOREIGNER, BUT I DIDN'T PUT A GUN TO HIS HEAD.
| buymybook wrote: |
This week a Civil Court Judge recently ruled somewhat in my favor to receive 5.9 million Won for being fired illegally(10th/11th month of contract) etc... about 18 months ago. I say somewhat because I'm not sure about the details. I went with 4 of my Ajuma students who Interpreted the Judge's decision.
-----------------------------
Maybe you should know all the details before you write about it. Do we care that you went with four ajuma students?
SOME OF THE FACTS I WILL LEARN ABOUT LATER, SORRY I GUESS IF YOUR LUCKY I WILL INCLUDE MORE IN THE FUTURE. I THOUGHT IT WAS INTERESTING THAT MY AJUMA STUDENTS HELPED ME INTERPRET THE JUDGE'S WORDS.
-------------------------------
One told her husband she will be attending a civil court decision, the other three did not. I fired my court appointed Interpreter for giving me wrong/lack of information about trial specifics. A letter will be sent to me later describing some details. They sued me and my Korean friend for 9.990,000 million Won.
---------------------------------
We don't care what they told their husbands. We don't care who you fired. I thought you were telling us about the court case that ruled in your favour...is there a separate case? Why are you telling us about it here? I'm confused.
DO YOU SPEAK FOR EVERYONE/ANYONE ON THIS BOARD? WHY WOULD YOU THINK THERE IS A SEPARATE CASE?
-------------------------------
Even though the Judge asked my former employer for evidence of damages(loss of students) and who should pay what(my friend or I) and other possible details...No proof of damages were ever provided for the court. I filed a motion to Quash, the Judge ignored my motion allowing their case to continue due to another claim of theirs..."Headache," although no doctor bills we provided.
-------------------------------
I don't understand the headache thing. Were they claiming that you were fired because you missed work because you had too many headaches? Who was supposed to provide doctor's bills? This is very confusing.
THEY CLAIMED I GAVE THEM A HEADACHE WHEN I PICKETED/DEMONSTRATED. IN LAWSUITS/COURT THE JUDGE USUALLY WANTS EVIDENCE. AND GUESS WHAT, THAT IS WHAT DOCTOR BILLS ARE IN A COURT CASE.
---------------------------------
My Korean friend was later allowed to go free or the claim agaist him was dropped. The Judge said I "forced" him to translate the picket sign. My supposed Korean friend's mother ordered him not to talk to me ever again. The Judge said I must pay 5 million Won for what should only be in my opinion... their "headach." I should learn about this in the detailed letter that will supposedly be sent to me in the mail. Three months after they sued me I counter-sued for approx. 12.5 million won.
--------------------------
What picket sign? Why do we care what your friend's mother said? OK, now the "headache" is becoming a little clearer. You mean that your former employer was claiming you were a headache for them and they wanted you to pay for their trouble. Why didn't you say that above? So you have to pay them...which means you lost the first case. So now you're countersuing for 12.5 million Won? So now I understand that there are actually two cases here. It took way too much work to figure that out.
THE PICKET SIGN I USED TO PICKET. WHAT ELSE WOULD I OR SOMEONE DO WITH A PICKET SIGN? MY FRIEND IS A MAMA'S BOY, IT'S THE CULTURE. THEY CALL IT KANGAROO FOLK. IT'S A FACT AND I CHOSE TO INCLUDE IT. WHY MUST YOU INSIST ON SPEAKING FOR EVERYONE? THAT AIN'T LOGICAL! LOOK DUDE, I WROTE 5-7 SMALL PARAGRAPHS OF FACTS. ARE YOU COMPLAINING ONE FACT SHOULD HAVE BEEN MENTIONED BEFORE OR "ABOVE" ANOTHER? GET A LIFE! FOR YOUR INFORMATION... MY COUNTER-LAWSUIT WAS TRIED WITH THEIR CASE AGAINST ME, AT THE SAME TIME. LAW CAN SOMETIMES BE CONFUSING, IS THAT MY FAULT? YES, TECHNICALLY TWO CASES BUT WHATEVER.
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Later, I increased the amount to 20 million Won(the Civil Court max. if no Attorney exists) because I learned I was inappropriately blacklisted by Immigration for "running away and quiting my job." That is what my former employer told Immigration the first day I began picketing.
-------------------------------
OK, so you raised the amount of your second lawsuit. Your boss told Immigration a lie. Got that. So you were picketing? Where were you picketing? Why didn't you tell us that before you started talking about a sign earlier? Was this the source of their headache?
WHERE DO YOU THINK I WAS PICKETING? IN FRONT OF THEIR HAKWON, DUH! YOU ARE STARTING TO PUT 1 AND 1 TOGETHER, CONGRATULATIONS!
-----------------------------------
3 weeks later my former employer went to the Labor Ministry for our hearing and they tried to convince them(another governmental office) that they fired me legally. The Labor Ministry ruled in my favor but couldn't help me due to the 5 employees or less Hagwon size statute.
------------------------------
OK, that's clear. Three weeks after what though?
OH MY GOD, 3 WEEKS AFTER THE 1ST DAY I PICKETED. IF YOU CAN'T UNDERSTAND THAT YOU NEED HELP. I TRANSITIONED THOSE 2 PARAGRAPHS ABSOLUTELY PERFECTLY, DUH!
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So, this past week the Judge ruled they must pay salary owed, salary to be paid, bonus, plane ticket, rent, through the end of the contract, translation/interpretation fees.
-----------------------------
Oh good, so you won your court case. But you didn't get the 20 million Won you were asking for. Too bad.
YOU SAY I WON, AS YOU DID IN AN EARLIER POST, BUT I NEVER SAID IT. THEN YOU SAY I DIDN'T WIN. MAKE UP YOUR MIND OF WHAT YOU BELIEVE WOULD YOU PLEASE? ALL I SAID WAS THAT THE JUDGE RULED SOMEWHAT IN MY FAVOR. AS FOR MYSELF, I HAVE CONTEMPLATED APPEALING. YOU ARE CORRECT... I HAVEN'T RECEIVED ANYTHING, THAT IS OBVIOUS IN MY QUESTION TO THE BOARD MEMBERS. IT WAS NICE THAT YOU POINTED THAT OUT, THANK YOU AND CONGRATULATIONS!
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The questions are... Will I ever be paid? If so, how? If not, why? Will they appeal/can they? I heard there is a legal "Thug" service I could hire to give them a polite scare! |
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Your questions make sense.
THEN WHY DID YOU HAVE TO POINT OUT THAT I HAVEN'T RECEIVED ANY MONEY?
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OK, so you never told us your version of why you were fired. You never told us their version. Perhaps your firing has something to do with your poor command of the English language? By the way, is English your native language?
Your writing was a mess and it took me way too long to figure out what you were saying. It wasn't clear from the beginning that you were actually talking about two cases. I still don't think I fully understand.
After spending all this time going through your writing, I can understand why you were fired. So I don't have much sympathy for you. I'm glad you at least got something for your trouble of coming to Korea. I hope you actually get the money, but I wouldn't count on it. |
SORRY, BUT IF YOU COULDN'T GRASP THE REASON I WAS FIRED THEN MAYBE YOU HAVEN'T BEEN HERE VERY LONG.
I DON'T WANT YOUR SYMPATHY. I JUST STATED FACTS ABOUT MY CASE, WHICH INCLUDED THEIR LAWSUIT AGAINST ME AND MY COUNTER-LAWSUIT AGAINST THEM. IF YOU CAN'T GRASP THE USE OF A PICKET SIGN AND THE LOCATION SOMEONE MIGHT PICKET THEN WHY WOULD YOU EVEN TRY TO UNDERSTAND WHY I WAS FIRED? THAT WAS ANOTHER STUPID STATEMENT!
REMEMBER, I DIDN'T RECEIVE ANY OF THE 5.9 SO DON'T CONFUSE YOURSELF! IF YOU THINK I WON THEN THAT IS FINE, I DON'T CARE. THAT WAS NOT MY QUESTION TO THE BOARD, AND I'M NOT COUNTING ON IT. ALTHOUGH I WILL TRY TO GET IT.
TO BE HONEST, IF THIS WAS THAT DIFFICULT FOR YOU TO UNDERSTAND THEN I THANK YOU FOR TRYING! |
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