Bryce
This is it. The court date has arrived, and Desmond finally has that cocky look I've needed to see. That's why he's my friend, because I can count on him. I shouldn't let myself forget that again, especially after all he did for me with the divorce and making sure Ashley will never be able to touch Adele.
My girlfriend and other friends file in after us. We are the first case of the day. It's ridiculous this has to be a full-blown trial when it should've been handled in small claims. It would've, but Simon's greedy amount pushed it up into this level of a case.
The judge walks in, and we're all seated. Then, Simon's lawyer stands up and spouts out a bunch of lies about how I'm a bad boss, etc. If there is one thing I'd like to think I've done close to right, it's be a good businessman. I've always tried to be fair with my employees, even during my personal dark ages, but that woman is making like I'm a blind, selfish idiot.
Desmond gets up and says his bit next, keeping it short and to the point. I had a valid reason for firing him on the spot, and Simon hasn't suffered like he's implied. I get the feeling Desmond kept it short because the judge had started to look annoyed at how Simon's lawyer unnecessarily reiterated things. It's not like this is a jury trial for fuck's sake.
His lawyer asks,
"Mr. Cottrell, what did Mr. Burch say as he fired you?"
"It was something like 'I'm reorganizing and you have no place in it.' It was only later, when I told him I wanted a severance package or I'd sue him, that I learned he thought I'd also sexually harassed Marie. Even though he didn't say it exactly at the time, that was the reason he fired me."
"And how did you react to this
news?"
Desmond stands up to cross-examine.
"Mr. Cottrell, would you say it's acceptable to wrap your arms around a lower-ranked employee you'd just met?" he asks.
He shrugs. "I'm a friendly guy. I
hug people. We'd been working together for a few hours already. I didn't think
she'd be shocked." He rubs the back of his head.
"So, you're saying she
should've expected it since you'd been working together for a few hours
already?"
"Well, yeah, kinda. There
isn't a whole lot of space behind the bar, and we'd been bumping into each
other all morning."
"Would you say that Miss
Parren could've interpreted your bumping into her or brushing against her in a
flirtatious way? After all, you said you didn't think she'd be surprised."
"I didn't think it was a
big deal. Sure, I was mildly flirting while we were back there. Like I said, I
thought she was cute."
"Well, from what happened,
it's apparent Miss Parren didn't enjoy the flirting."
"Hindsight is 20/20. Easy for you
to say now." He shifts again in his chair.
"You say you are emotionally
distraught at being accused of harassment?" Desmond stands up straightly, and I see the cocky expression show up.
"Well, yeah, because I'm not
guilty of that."
"How emotionally distraught
are you?"
"Uh, how much would you
be? I can't get another job. I'm really worried about my financial situation. I
can't sleep at night."
"You're so worried about your
financial situation that you can't sleep at night?" Desmond tries to sound sympathetic like he's surprised Simon would say that, but I know better.
"Yeah," he answers,
looking upset.
Desmond smirks now and pulls something
out of his briefcase. He presents photographs to the judge that show just how
'emotionally distraught' Simon has been over the last few weeks as he's partied
all over the island every night.
I lightly chuckle in my seat. 'Emotionally distraught' my ass!
I lightly chuckle in my seat. 'Emotionally distraught' my ass!
"Clearly, your spending habits
don't indicate that you're worried about your finances, and perhaps you should
rethink the reason why you haven't been getting much sleep at night," Desmond says to Simon.
"Other people bought me
those drinks and stuff. I've had to mooch off people," Simon claims,
getting defensive suddenly.
"I have the bartender
from Hurricane here this morning. Shall we ask him whether or not you were
paying for your own drinks, as well as the drinks of everyone there?"
Simon wilts. "I paid.
I'll be fine once I get what Bryce owes me."
"No further
questions."
The oppressive weight on my shoulders immediately gets lighter! Desmond proved that whole 'emotional distress' is nothing but a bunch of crap. But...we still have to solidify my reason.
Bernadette gets to tell her story next. There's nothing she can really say as to Simon's emotional state, but I wonder what that bitch lawyer is going to do with her. She asks her to explain her relationship with him, and Bernadette says she thought I knew that she and Simon were dating and thought I was okay with it since nothing was done. Bullshit! The lawyer outright asks her if she, at any time, felt sexually harassed, and she says no, absolutely not, that Simon had, at one point, even asked her if all they were doing was okay with her even though he was her boss. She says, "Of course I thought it was okay. He was really sweet."
The lawyer keeps it short, and
Desmond stands up. He asks her if she and Simon are still together. She answers
no, of course. He asks when they broke up.
"About a week before I quit
working at the bar," she answers.
Desmond asks her why she quit, and
she says it was because I was being an ass. What?! The judge scolds her for her
language, and she changes it to saying I was being a jerk. Desmond asks her to
elaborate.
"Because I was overworked.
Simon was out of town, and all Bryce wanted to do was be with that new girl
Erin." She crosses her arms defensively, and I can't help but be surprised that she sounds jealous of Erin.
Desmond asks exactly what I'm thinking, if he
detected a hint of a jealous tone there. The other lawyer objects, and the
judge agrees with her. Desmond doesn't look bothered by it at all. He did
that on purpose. He probably knew he'd get that objection, but the idea has
already been put into people's heads, whether or not it's been stricken from
the record.
Desmond asks his question in a different way, asking Bernadette if, since
she'd dated one boss, she'd entertained ideas about dating the other one. She
looks at him like he's crazy and asks him why he'd suggest that. He
smiles and answers that she said I was being a jerk by being around that new girl
Erin.
"And not coming in to
work!" she exclaims, trying to claim that as the reason.
I remember when Desmond had asked for the time sheets from that week. Overworked my ass, you lazy bitch.
Desmond walks over to his
briefcase, flips through a few pages, and presents a time sheet and hands it to
the judge, explaining it's the copy I had that I'd printed that following
Monday. He points out it shows me working just over forty-five hours, Paul
Jones working a bit over thirty-two, and Bernadette working twenty-four hours
and fifteen minutes. He also presents printouts of each day, showing when we
clocked in and out.
The man thinks of everything. But why is he bringing up how much we worked?
"I just felt like I had to do
more than normal," Bernadette explains in a small voice.
"And why would that be? It
wasn't because Mr. Burch wasn't there."
"Fine. It was because Simon wasn't there, and he'd always make things easy on me." Oh, I think as I realize where he's going.
"But didn't you break up a
week before this?" Desmond asks.
Bernadette looks like she's
floundering, trying to remember the details of her lies. She stutters out that
when Simon was around, work was easy. Desmond asks if it was easy after they
broke up.
"Well, um, we didn't break up
until after I quit. I guess I got the details mixed up," she says, looking
at her hands.
Desmond gets her to reiterate that
they broke up the day she quit, and he asks why. She answers that it was
because she wasn't going to be working at the bar anymore. He asks if her
quitting made Simon angry. She says no, that he was okay with it, but since she
wasn't working at the bar anymore, their relationship was over.
"So, from what you've said,
your relationship with Mr. Cottrell was directly related to your employment
status at The Flamingo. You also said that when you worked, Simon would make
things easy on you. I can only deduce that your relationship was built upon you
trading favors for a better working environment."
The other lawyer stands up, and the
judge automatically silences her. She looks like she wants to hear this.
"Is this true?" Desmond
asks point blank.
Bernadette sets her face in a
stubborn grimace. "All I'm saying is that we were together while we worked
together and that he was a nice boyfriend when we worked together."
Desmond says he's done. The other
lawyers have no more witnesses. Desmond calls me up next.
"I fired Simon because of the
way he insinuated his relationship with Bernadette was. I'd just gotten onto
him about making a pass at Marie, and then I find out that he'd had a thing
going with Bernadette when he said how I never had a problem with it, him making passes at employees, when it
was Bernadette. To me, that meant that he was trying to get the same type of
relationship with Marie as he had with her. I fired him for his unprofessional
attitude and actions."
"Mr. Cottrell claims you
fired him for sexual harassment," Desmond states.
"I fired him for
unprofessional behavior. I'd just seen Simon and Jesse arguing, and I'd heard
Simon taunt Jesse like, 'jealous?' To me, that implied that his motives to
Marie were impure. Then, when I heard about his previous relationship with
Bernadette, that was it. When other possible employers have called me asking to
clarify the unprofessional behavior, I'd tell them I believed he was harassing
my employees. It's not written exactly that way because I don't have any solid
proof since Marie says she thinks she overreacted, and Bernadette is saying
that hers and Simon's relationship was consensual because I wouldn't set her up
with Jesse."
For a second or two, many eyes turn to Jesse, who looks like he'd like to crawl under the bench he sits upon. But people don't look at him
longer than that because Bernadette stands up and starts yelling.
"Anyway," I say, wanting to be sure to get my point across,
"my reasons for firing him were that I was going to reorganize,
which I have, and he has no place in it. The main reason, however, was his
unprofessional actions."
Desmond says he's done, and that
woman stands up to ask me some questions now.
She looks at me, and immediately, I know she thinks I'm hot. I have a strange sensation in the middle of my stomach, somewhat under my bellybutton, and a gut instinct tells me to get and keep eye contact. I've got you, I think when she looks me in the eye. Her lips part like she meant to speak but forgot what she was going to say. She can't focus, and I again feel a surge of power, similar to last night with Erin, but somehow different. I don't understand it, but I'll use it.
Go ahead and talk; you have a job to do, I think to her.
She tries to breathe normally as she asks, "Mr. Burch, how long did my client work for you?"
She shakes her head and looks down, trying to free herself, but I still have that tugging sensation in my middle. While she looks down, she asks, "How is it that you failed to notice that two of your employees were dating?"
That's better, I think, and her light brown eyes meet mine again. "They were exceptionally good at hiding it. The very fact that they felt the need to hide it tells me that the nature of their relationship was one that they didn't want to parade around, especially in front of their boss."
Again, she looks like she's having trouble breathing. "My client tells me that you would often flirt with customers. Is this true?" Her fingers reach up and start toying with her lip.
I half-smile at her, maintaining eye contact. I have a strong feeling that if I asked her to get on her knees and bark, she would. "If the bar wasn't too busy, yes," I answer evenly. And you wish you were a customer right now, don't you? I continue, "But I'd never flirt with my employees. It's unethical."
She starts hyperventilating. "And did you... inform your other... employees of this... this..."
With a small amount of pity, I answer her question. "No. I was under the mistaken impression that I was leading by example." I think you're finished. You don't have any more pertinent questions to ask me, and you need to go sit down and catch your breath.
"No further questions," she breathes, and I release her. She turns around and flees to her chair.
What the hell was THAT?! I ask myself, allowing for my own surprise to kick in as I make my way to my seat. I'd instinctually not let myself ponder what was happening, knowing it was more important that I control her... as if to reduce a threat to myself. I wipe my face and sit back in my chair as Desmond calls Marie.
She looks terrified as she sits down. After taking a deep breath, her eyes gaze up over
everyone, and then she suddenly gasps, "Père."
Huh? I question as I and several people turn around to follow Marie's gaze. A man standing in the back gives a small half-wave before returning to his previous position. Marie's dad is here. My eyes look to Jesse, and he looks back at me in a terrified way. I don't blame him. From what I've learned, her dad was the one to teach Marie SimFu. Jesse's told me, knowing they were going to visit in a few weeks, about his nervousness about the whole thing. Apparently, John Parren knows several ways to kill a man, and Jesse is dating his daughter...
All this happens in a matter of seconds before people return their attention to Marie. Her father's presence has visibly shaken her, yet she still insists that she overreacted to Simon's come-on. I do my best to control my expression, and I find myself feeling a slight pity for her. She doesn't want to remember it as it happened.
Desmond doesn't let her un-cooperative-ness unnerve him. Instead, he merely gets Marie to tell everyone how each moment made her feel. Several times, she reiterates "but I was overreacting," but Desmond presses on anyway.
The other lawyer asks Marie why she slapped Simon, that surely if she felt that
threatened, she'd do more. Desmond shifts in his seat, almost unnoticeably. The
woman has a picture of Marie practicing on the training dummy at the gym,
saying that surely Marie didn't feel that threatened or she would have
done more.
"Why would you only slap him if you know SimFu?" the woman asks.
Marie looks to the back and wears a drastically apologetic look on her face before she cries out, "Because I'm terrible when I panic! He wouldn't stop touching me!"
If he wasn't keeping a 'poker face,' Desmond would probably be doing a fistpump
right now. The other lawyer played right into him. I smile. He couldn't get Marie to admit it to him, but he had a hunch the kinds of questions that woman would ask, and having her dad in the audience shook her enough to admit the truth. I don't really understand why Desmond didn't just ask those questions himself, but then, I'm not the strategist he is.
Jesse's turn. Desmond had only informed everyone, including Jesse, this morning that he would be testifying. I didn't know that was allowed, but I guess a surprise witness isn't that odd. And obviously, it's allowed.
"Mr. Gillespie, Miss Parren says you arrived after she slapped Mr.
Cottrell across the face. Please tell us what you saw," Desmond requests, leaving
it completely open for him. I take a deep breath and hope Jesse doesn't choose to try and downplay what happened for Marie's benefit.
"Sure. I actually saw more than that. I was walking up the sidewalk when I saw that slimy little... when I saw Simon with his hands on her stomach, pressing her back into him. He was talking into her ear. I didn't hear what he said, but I'm guessing she didn't like it much seeing as she slapped him in the face." He pauses to take a breath, looking madder by the second as he remembers. "It was then that I yelled out, demanding to know what was going on. Marie looked terrified, like she wanted to hide, so I asked her to speak to me in the overflow seating area. She was shaking! Once we were seated, I asked her if she felt comfortable working with him. She told me no, that she wasn't. I knew Bryce would need to know what was going on, so I convinced her to let me take her over to his house."
"You say she was shaking?" Desmond asks.
"Like a leaf," he answers.
Desmond says he doesn't have any further questions, surprising me, and that
other woman stands up.
"Mr. Gillespie, tell me why you were over at the bar that afternoon,"
she requests.
"I was over there to try to convince Marie to go to a party I was throwing
the next day. I let that go when I saw what was happening," he answers.
"You are romantically involved with Miss Parren now, are you not?"
Her eyebrows raise.
"Yes. She's my girlfriend." he
swallows, and I see the fear in his eyes as he does everything he can to keep from looking Mr. Parren's way.
"How long have you known the defendant?"
"Bryce? About six, seven years. We're friends."
She changes directions again. "Were you romantically involved with Miss
Parren the day Mr, Cottrell was fired?"
"No. Not really," he answers.
"What do you mean by 'not really'?"
He takes a breath. "Well, I mean that I'd've loved to have been
'romantically involved,'" he does the air quotes in a sarcastic manner,
"with her at that time, but I wasn't yet."
"So, while you were walking up to the bar that day, you saw the girl you wished
to be romantically involved with in the arms of another man. Do you think this
had anything to do with how you viewed the scene?"
Jesse's temper flares up. "Look, lady, miss, ma'am, viper, whatever, I know what I saw. Even with my personal feelings aside, he made sexual advances at her to a point to where she was too uncomfortable to remain there alone with him."
"Mr. Cottrell said that you were speaking with Marie when the bar had
gotten busy and she'd abandoned him to work the bar alone. Tell me, that
evening, were you keeping Miss Parren distracted on purpose in order to rile up
Mr. Cottrell's anger?"
He backs his head up, and his accent gets thicker when he says, "Well, that's a mighty big assumption there. But yes,
actually, since I have to tell the truth, I was. And let me tell you, it
worked! He came storming over there and telling her she needed to stop flirting
and get back to work. I was thinking 'ha! If only she were flirting!'"
People in the courtroom chuckle, and Jesse looks perturbed they do. He doesn't see what he's saying as funny. He purses his lips and continues, "So, since she
wouldn't defend herself, I jumped in and told him that he had no right to
accuse her of flirting instead of working since he'd done the exact same thing
earlier that day with Erin. Then, do you wanna know what he said next?!"
The judge speaks quietly to him, "Mr. Gillespie, calm down."
He closes his eyes and takes a deep breath. While he does that, the lawyer asks, "Mr.
Gillespie, have you and my client ever gotten along?"
"Hell no!" So much for calming down. "I can't stand the little f-." He stops before he finishes and quickly thinks up a more appropriate way to describe
him given the current company. "The little slimeball. But that's not
what's important because of what he said next." She tries to get a word
in, but he won't let her. "He looked at me with a wicked grin and asked
'jealous?' Bryce came over to break up the argument, and Simon accuses him of
taking my 'side' because I made a pass at his 'friend's crush' as he put it.
He admitted to making a pass at her! Then, he tells Bryce that he'd never had a
problem when he'd done the same kind of thing to Bernadette. The same stuff!
Yeah, so Bryce fired him since that was the first he'd heard of it." He
folds his arms and closes his mouth, probably to that woman's delight.
The judge asks him to step down, having heard enough.
Desmond says he has no further witnesses, and the judge gives us all a
thirty-minute break while she decides what to do.
I turn around and hug Erin, just needing to hold onto her for a moment. "I think it went well, all things considering. The truth came out," she tells me.
"Yeah," I say, but I'm distracted, remembering something Jesse said. He said Simon had taunted him with the 'jealous' thing after Jesse had fussed at him for flirting with Erin, implying Jesse would be jealous Simon was flirting with her. I'd always thought Simon meant Marie, but did he?
"Mr. Cottrell," she says, "I do not appreciate you wasting my time with your 'emotional distress' claim. That is obviously not the case. I am not awarding you any of the sum you requested for that." She turns to me. "Mr. Burch, I strongly believe your instincts are correct; however, you did not have the right to tell others of only suspected harassment, regardless of how true it may be. You didn't follow the proper procedure, so I'm ordering you to award Mr. Cottrell three months' salary, including a reasonable amount for lost tips. You are not required to pay his legal fees." She turns back to Simon. "Mr. Cottrell, you are incredibly lucky that this is not specifically a sexual harassment case. From the testimonies I've heard today, I'd probably declare you guilty as such; however, since that is not the issue being brought forward, I can't. But, I can and will legally change your record to show that you were fired for sexual harassment since this case has to do with your dismissal." She faces everyone now, "Have a pleasant afternoon." With the sound of the gavel, a giant smile breaks out on my face.
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Some poses from this chapter by me found here.






























