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  2. I am interested to know if I would have a case to sue for loss wages, discrimination, retaliation, & maybe even a class action lawsuit. My supervisor asked me to write in the time I punched in 3 days after my manager discovered my time didn't register on the time clock. A week later my Mgr asked me the same. I advised "in not sure of exact time, was there a problem w/ the slip I filled out?" She replied NO! A few hours later I discovered the time I wrote was wrong & I came in later than what I wrote almost a week ago and immediately contacted my Mgr to let her know. 2 days later I was suspended for falsifying company docs/stealing time after it was discovered by security camera I came in late although I told her prior that I write wrong time. Through grievances my Mgr has changed her story multiple times. The last meeting she was left speechless after saying "she matched my time" but when asked "matched to what?" She had no answer. I am also 1 of 5 union employees to be fired a month after we went in strike. I feel a simple human error mistake is being used against me to retaliate for striking. In addition the above this same Mgr has also stated she prefers to work with men instead of women due to less attitudes & back talk. This was actually said in front of a whole dept. She also made reference to my weight stating "I would find a man in her country because they like heavier women where she's from" I am interested to know if I would have a case to sue for loss wages, discrimination, retaliation, & maybe even a class action lawsuit. Thank you for your time.
  3. Today
  4. boddkr2

    Attorney Malpractice

    I will be as brief as possible. PLEASE ADVICE AND HELP. I filed for Disability in 08. I was denied. My then Attorney a (retired judge) stated the Judge was going to be rough to get approval because he doesn't agree with my lifestyle. I was floored and I told him I was seeking new counsel on grounds he didn't stand up and fight for me. I appealed my denial and hired a new attorney. I explained everything to new attorney and made sure that he would stand up to this judge if he felt my lifestyle (I am a Lesbian) was going to be a deciding factor instead of my illnesses and disabilities. It took some time to get in front of judge again, I think it was 2011 at this point. The hearing didn't go so well, and the judge was very rude and argumentative. He interruptive everyone and I felt my attorney held his own. 2012 I received denial letter. I was approved physically disabled however mentally was denied. Long Story short in his rambling he mentioned that my mental health issues where due to my relationship issues and it was mentioned 15 times. He finds a way to bring my relationship up in my DENIAL 15 times. I met with attorney who assured me we were going to appeal and there were medical records not received and the discrimination would be addressed. I then sign a new contract with attorney and waited. I became ill and was hospitalized and I had a few surgeries. Due to health I had to move to another state I always called in to his office or emailed my paralegal to give updates on medical and update phone number and file. It is now 2015, I find out threw Social Security that a appeal was NEVER filed and my case was CLOSED. 7 years I had been fighting this case. I call my attorney and he has left the firm and opened a new one. I was given his contact information from his old firm. I, my file, my case was LOST in the shuffle the MOVE and he wasn't even aware that the appeal wasn't filed and my case was closed. I LOST all my points, I haven't worked since 2008 and any back pay is GONE, I live in another state and opened new case here. The good thing about that I will go in front new judge when the time finally arrives. My attorney has apologized profusely and is on the new case. He is doing it for free now. He keeps saying we will address the " old case" when in front of judge and it will be explained that he LOST my whole FILE and didn't file the appeal. I do not trust him or that the old case will be addressed. What do I do? How do I address all this? This is my life and I am drowning here and the people who are supposed to help me sink me further. Do I need a malpractice attorney? Any advice or suggestion would be great Thanks
  5. I will be able to get the lawyer. I will use the funds from my 401k I requested. In no way did i ever think or say i wouldn't pay her at all when she quit. I 100 percent will pay her even though she no longer nanny's for me. I just cant do it all in one lump sum anymore now that I am not working. Once I get child care and can start working I'd be able to. It would be within a couple payments, but doable. That was the agreement in the first place, until her certification went through. This is my first time having to do the state assistance thing, so lesson well learned on my part. I thought I did my research well enough on it but obviously not and wont trust "no problem" answer on the wait time it takes to get certified. Actually wint hire unless they already are. So like I said lesson learned in my part. She is not a minor. But I'm sure her dad had her be the one to file what was needed to sue me.
  6. Concerned

    probation revocation

    Was sentenced to serve 15 yr split sentence with 5 yrs unsupervised probabtion... recently recieved 2 new charges of attempting to allude and wreckless endangerment which naturally caused a probabtion hold ... original case is now in appeal court can the probation revocation hearing hold any grounds since the original case is up for appeal.. doesnt that hold higher presidency over lower court levels?
  7. Fallguy

    Desperately need help

    Is it possible to subpoena witness after discovery is closed? the DA listed internal report but did not specify how many pages. There’s statements from co-workers, credit reports, receipts. i didn’t know about these documents but I have witnesses that says the were pressure to write the statements. The director of HR questioned them for hours until someone decided to make something up. There is no evidence to support these statements and some of them have dates after I was no longer employed there. I’m not sure why they didn’t double check the dates before the submitted them. Those former coworkers might be willing to tell the truth.
  8. You'd have to ask DPSS. Keep in mind that the legalization of recreational marijuana use doesn't mean it can't work against you as it relates to reunification with your children -- especially if they were taken from you for drug use. Alcohol consumption is also legal. However, if one gets one's kids taken away for being a stinking drunk, you can be damn well sure that continued alcohol consumption will work against getting the kids back -- notwithstanding that the alcohol use is completely legal.
  9. Is this person a minor? If not, then her father has no standing to sue you "for her wages." Wasting your time? I doubt it, but I agree with "adjusterjack's" comments about your apparent lack of ability to pay a lawyer. Also, how much money is at issue here? I'd be surprised if this isn't a small claims level matter that you can handle yourself. Is this person seeking anything other than payment for actual time worked?
  10. So I live in the riverside county and am in the middle of a reunification with my children, but I am being tested randomly by Dpss for drugs, but does that also include marijuana since it is now allowed for recreational use?
  11. Well, if you don't get your assistance until the nanny is certified then you shouldn't have hired one that wasn't certified. There's no guarantee that anyone would qualify for certification. You owe her for the time she worked.
  12. I qualify to get state assistance for child care. There are specific things one needs to do to get state certified, so they can be paid. She was in the middle of doing this when she quit.
  13. adjusterjack

    Private Equity Club

    I'm not a lawyer but it sounds pretty scammish to me. I sure as heck wouldn't give you any money for a deal like that.
  14. You don't have any money to pay her, what, $10 per hour, $15 per hour. A lawyer will charge you $300 per hour. That doesn't make sense. The problem is you have nothing in writing. All a judge has to hear is that she worked and you didn't pay her. Reasons don't count. Who "knew" what doesn't count. I don't know what the state has to do with anything. Bottom line: You owe her for the hours that she actually worked.
  15. Hello, I had hired a nanny, well the day after I hired her I lost my job. I told her this and said I was sorry for the inconvenience but if she had to find something else, I understood. She asked if she could watch my kids while I was looking for another job, I told her that I would need to ask the state if they will include that in the back pay they would give her from becoming state certified. I told her that I did not have the money to pay her right away and she understood that and agreed that it would be ok. It takes 6 to 8 weeks to get the background check back for becoming state certified. She knew it would take this long. She asked if I could pay her little by little while waiting. I agreed to this and said when I get money I could give her a little. I requested for my 401k to be cashed out and would be getting about 1500 from this. And told her I could give her a nice chuck of it. Well she ended up quitting, this also resulted in me on the verge if losing my job as I dont have child care. Well I got a call from her dad and he is now taking me to court for her wages. I dont agree with this, as I told her in the beginning I wouldnt br able to pay her right away and she knew and agreed to that. She also knew that she would be getting back pay from the state and knew the time frame of when she would be getting paid. Would I be wasting my time getting a lawyer to fight this?
  16. Yesterday
  17. David

    Private Equity Club

    To whom it may concern: I apologize for the length of this. I just wanted to run this by an attorney to get feedback on what I’m attempting to pull off before considering to take the plunge. I’m wanting to purchase a stake in a private equity club membership at a local resort and assign membership ‘designee’ status to the purchaser of a nearby home I own that is not affiliated with the resort to increase its sale value. The benefit to the buyer of my home would be that they could get a nearby home and membership for cheaper than purchasing a home/homesite directly through the resort. The designee would get all the perks they would get buy buying an existing resort home/homesite for half the price while living in a comparable home nearby. The resort we’re talking about is one of the country’s premier resorts. The PGA Tour comes through annually, celebrities and golfers own homes there. They offer Sporting Club memberships to home/homesite owners only for $120K equity fee and $17K/yr membership fee. None of the finished homesites sell for <$950K, even a cottage, and go up to $16 million. If a home/homesite is resold the new buyer would pay 80% of the current equity fee. They say there is no compulsion to build in terms of timeframe, so I’m thinking of creating an entity (of one for now) that would buy a homesite and membership, add a ‘designee’ member later (the person that buys my home), and then sale my stake in said entity to one that would buy the homesite-membership (vacant land) with the provision that the new homesite buyer honor the designee status of the person who buys my home. The new homesite owner could proceed to develop the homesite as he/she otherwise would. Essentially, both buyers would be buying into a partnership that had these stipulations in place and the partnership owns the Club homesite-membership. My home is 7000 sq ft, new, and on par (no pun intended) with many of the homes in the resort. In other words, it’s a home that would be of interest I feel to the type of consumer this resort’s typical homebuyer’s would be. I’m including an excerpt from my email exchanges with one of the resort’s RE agents that may shed light on how their memberships work. "Memberships are only bought and sold between the club but the Seller is paid out 80% of the going rate for memberships when the Buyer closes on the property and purchases a new membership (required). An entity can purchase a homesite or home. They must purchase one “resident” membership since that is a requirement. With a founding membership this resident membership is included in the purchase price and you still get the equity. The membership can be held in the entity’s name and reassigned once per calendar year. So if there are multiple families in the entity you can alternate years that each family has the membership. If each family on the entity wants a membership the most cost effective way to do it is to purchase the one “resident” membership (required) and then a “designee” membership for each additional family that wants a membership. A designee membership is basically the same as a resident membership but without the initiation fee... you just pay the annual dues. With club approval you could also purchase multiple memberships but it’s really not needed right now with the designee memberships. Lastly, if you just purchase the one resident membership the other families can still come and use the club and resort amenities and just pay the guest fees. If the other families won’t be here often, this sometimes makes the most sense. There are sometimes limitations on guest usage at the club but, in general, it’s never an issue." On one hand, I could understand this upsetting the resort if/when they find out as they would want to preserve the value and integrity of their homesites and memberships. On the other hand, they just want to make money and I would be bringing in more members ultimately to pay their dues and spend money at the resort. It would seem to me that unless some feature of this were expressly prohibited and the fact that they allow resident members to assign designee members that this may not have adverse legal ramifications. I realize this is limited information and that ultimately a look into the rules and regs and fine print of the membership would be needed to determine if this is a viable plan. From your perspective though, what legal ramifications would impact my plan? Will I get kicked out of the club lol? If you were planning on doing this, would your knowledge as an attorney cause you to say “I better not do this because of such and such consequence”? I appreciate any feedback you feel would benefit me. Thank you, David
  18. Last week
  19. Tax_Counsel

    Private arbitration unconstitutional?

    No, I'm saying two things. First, that your solution of banning all private arbitration is throwing out the baby with the bath water. Your complaints are about the potential financial conflicts that may arise in arbitration between a large business and a consumer where the large business picks the arbitration firm that is to be used. But that situation is only one of the various situations in which private arbitration is used, many of which do not raise the problem that concerns you. So why ban arbitration in those other settings just to attach the consumer problem that you have discussed. Second, arbitration is the process of having some third party decide the dispute. The government already has its own arbitration system that everyone can use: they are called the courts. Private arbitration is generally faster and can be cheaper because the courts have to provide rights and process that private arbiters do not and, importantly, the courts are underfunded and that slows down the pace at which they resolve cases. So saying that we should eliminate private arbitration altogether and having every dispute handled by government arbiters means that everyone ends up using the courts. That would jack up the costs of the courts even more, meaning more tax dollars would be needed to hire the extra judges and staff, and provide the extra court rooms, that would be needed to do it. That is, unless you plan to charge the parties the full the costs of using the courts. You could provide litigants with optional alternative courts that use simplified rules and in which the parties agree there will be no appeals and that would handle cases faster, but again you have to find the money to pay for that and sufficiently staff it to get the cases processed quick enough. Are the parties going to pay the full cost of that? And by full cost I mean not a penny of tax money would be use to pay for it. I'd not favor using more tax money to create that alternative forum when we don't even have enough money to fully fund the courts we have now. And again, I see no need for this alternative system just to address the particular complaint that you have. A lot of private arbitration works just fine and is not subject to the concerns you have.
  20. pg1067

    Property theft larceny

    Fascinating. Is there a point? Or a question?
  21. Unless they have a warrant, no. Yes. That doesn't make any sense. Hearsay is defined by the Oklahoma Rules of Evidence as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." What could that possibly have to do with why the police know where you live? You are not obligated to let the police in your hoe unless they have a warrant. If they have a warrant, it doesn't matter how they obtained your address.
  22. pg1067

    Tenants on Title

    What does "this" refer to?
  23. adjusterjack

    Private arbitration unconstitutional?

    I'm not going back over this whole thread to make sure but I don't think anybody said that. So, if all you are going to do is make spurious arguments by attributing statements to us that weren't made, then there's no point in continuing the discussion. Believe what you want to believe. Nobody cares.
  24. adjusterjack

    Tenants on Title

    Then hire one. Your ownership is already structured. It's how your names are arranged on the deed. If you mean something beyond that you'll have to explain what your goal is. Depends. Are you planning to sell some time soon? Have all three of you been living in the house for the past 7 years? Less? Not all three at once? Explain the living arrangements then and now.
  25. adjusterjack

    Property theft larceny

    Details please. And your state.
  26. Moise Abraham

    Property theft larceny

    Stolen financial records personal
  27. williamhenry.henry

    Tenants on Title

    My wife and I were added to the title of our home 7 years ago, (My Mom is also on title). We have paid the mortgage during that time. We need an attorney to help structure our ownership agreement. How will this effect the value for tax basis?
  28. stebbinsd

    Private arbitration unconstitutional?

    So basically ... you're both arguing that arbitrations are just as expensive and time consuming as courts are? In that case, what even is the whole point of arbitration in the first place? The whole point of arbitration is that it's supposed to be cheaper and faster than litigation. But if you argue that this isn't actually the case, then arbitration doesn't appear to serve any legitimate purpose whatsoever. If there is no financial incentive to arbitrate because it costs the litigants the same amount as litigation, then the only thing arbitration does is strip indigent citizens of their constitutional due process rights and provide nothing of value in return.
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