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russharv63

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  1. I sent a breach of contract notice to a unemployment benefits representative business that I found on the internet. I paid $400.00 for a unemployment representative to help my wife with her unemployment appeal. We live in Virginia and the business is based in Pennsylvania. The representative did not do her job correctly as she stated in her email she was going to do. She committed procedure errors that ended up with her not being able to get the transcripts of the appeals examiner's hearing. Without them the representative could not write a written argument. As a result my wife stood no chance of winning her appeal. So I sent a breach of contract notice to the business without asking for any compensatory damages yet. I gave them 30 days to respond. They sent me a check for $400.00 which covers the cost of their service. I have not wrote back and accepted this amount as a settlement. I just got the check a few days ago. I want to ask for a lot more than $400.00. I want to ask for the full amount of my wife's unemployment benefits which she stood a better chance of getting with a competent representative. The amount I am talking about is $4,070.00. We did not just suffer a loss of $400.00 but also a loss of her not getting her unemployment benefits. How should I respond? Is their a legal document that I should send the business asking for the $4,070.00? What should I say in response to their letter and check for $400.00? Should I send the $400.00 check back with my response? Please don't tell me I can't get this amount by asking for it. Let"s focus on how I should approach this and not about if I will get this amount or not. Don't anwser the question if you are going to take that approach.
  2. My wife works in Virginia for a maintenance company in a mall. She has worked their for over three years. Her hours were recently reduced and she wants to file for partial unemployment. If she files and gets partial unemployment can her employer turn around and fire her? Since she is an at will employee and can be fired for anything as long as it is not discrimination can her employer fire her for filing and getting partial unemployent?
  3. If you sign a 12 month lease for an apartment in the state of Virginia and are evicted let's say after 6 months are you still responsible for paying the rent for the remaining months left on the lease? Since you will not be living there anymore can the landlord rent it out right after you leave and collect not only the remaining months rent from you but also from the new tenant who will sign a 12 month lease? So it would be like collecting double the rent for the same apartment, right?
  4. I got a internet based business to handle my wife's unemployment benefits appeal. We live in Virginia. This business was founded in 1985 and they say they have over 20 years experience representing claimants unemployment hearings and appeals. They go on to say they provide affordable and professional representation. Also, they state they have extremely experienced advocates who are former unemployment appeals judges. The representative I got stated these quaifications: she said she was an administrative law judge for over three years who presided over unemployment hearings, she adminstered oaths, ruled on evidence presented, regulated course of hearing and vender decisions, reviewed current law, researched applicable statutes and applied appropriately, she has a B.S. degree from Florida state university in criminology and criminal justice, also a Juris doctorate degree in law from Florida A&M university, and lastly she says she is a professional unemployment appeal hearing representaive. Without going into how she handled my wife's appeal let's just say for this situation she didn't follow the correct procedures to give my wife any chance of winning her appeal. Can I sue them for professional negligence if they claim to be all of the things I mentioned above? If they claim to be professionals at unemployment appeal hearings and have a law background and experience as a law judge isn't this enough to file a lawsuit for professional negligence?
  5. I hired a hearing and appeals representive from the state of Pennsylvania. They have been doing unemployment appeals for over twenty years. My wife and I live in Virginia. They advertise on the internet that they do unemployment appeals in 23 states including Virginia. I communicated with them by email. They charged me $400.00 to appeal my wife's Virginia "decision of the appeals examiner." The hearing and appeals representive appealed the "decision of the appeals examiner." She said she was going to get the "transcripts" and write a "written argument" for the appeal. She never got the "transcripts" and did not write a "written argument." The reason she did not do these two things is because she did not follow the correct regulation in Virginia for getting the "transcripts" and without them she could not write a "written argument." The regulation in Virginia is that you have to ask for a hearing so you can get the "transcripts" within 14 days from the mailing of the "notice of appeal." She did not ask for a hearing. I lost the appeal. She said she was sorry I lost and will refund $200.00 out of the $400.00 I paid them. My question is what type of legal issue is this problem? Is it more than one legal issue? I need to present this to a lawyer but don't know what type of lawyer to see. Is it employment law, legal malpractice, contract dispute or what? Should I see a civil litigator? Since the business is in Pennsylvania and my wife and I live in Virginia do I need to get a lawyer from that state or should I use a Virginia lawyer?
  6. My wife was fired from her job because her manager made up a lie about something she did not say or do. She wants to file a lawsuit but does not know what kind of lawyer to get. Would she get a employment or a defamation or what type of lawyer should she get? What kind of lawyer would handle this matter?
  7. My wife got a letter two days ago from a collection agency saying she has a delinquent account for $1,251.85. It has the original creditor as "citibank USA." She says she never had a account with this creditor. She has never applied for a credit card with this creditor. I have been with her for over eight years and we just got married 13 months ago. I have never seen her with a credit card. I use and have several credit cards but not with this creditor. I can say she does not have or use any type of credit card. What should we do about the letter she got from the collection agency saying she has a delinquent account for $1,251.85?
  8. I work part-time for a Virginia state community college doing facilities management work. My job title is a trades technician 1. I get 29 hours per week at $9.19 per hour. I have been at this same job for about 4 1/2 years. I have had one 1% raise while at this job. About two months ago a new worker who is also listed as a trades technician 1 was hired and he told me he makes $9.50 per hour doing the same job as I am doing. Does my employer have the right to pay him more than me at the same job title and he is doing the same job as I do.
  9. My wife was fired from her job at a major fast food restaurant because of defamation of character from her manager. Without going into details about the defamation, I will say the defamation had nothing to do with the restaurant. It was a personal matter between the manager and herself. My question is would she file a defamation lawsuit against the restaurant or the manager himself. The defamation did occur at work on the clock and she was fired from it.
  10. My wife just lost her "appeal of deputy determination" in Virginia. She is trying to get unemployment benefits for being fired from a fast food job. She is going to file a "commission appeal." Since the "special examiner" will only look at the evidence of the last appeal does my wife need to appear for the "commission appeal." Will it do any good? She does not have a lawyer. Will the "special examiner" need to hear her side given the fact that the transcripts from the last appeal will be in the hands of the "special examiner." If she does not appear will they hold that against her or will it be cause for her to lose the appeal?
  11. My wife was fired from her job because she filed a workers compensation claim. She slipped and fell in the store injuring her knee.She worked for a fast food restraurant in Virginia. Besides filing for unemployment, workers compensation , and bringing a Virginia code 65.2-308 civil suit is their any other claim she can pursue aganist her former employer? Does she have a claim with the EEOC for retaliation?
  12. My wife was fired from Mcdonalds because the manager found out that she knew he was a sex offender by looking on her facebook page. So he made up a lie that my wife was going around the restrauant calling him a child molester and fired her for it. But he made this up just to get rid of her. He is a convicted sex offender but is not on the Virginia sex offender registry because he was a juvenile when he was convicted of sodomy and rape. He is 24 years old now. Since he used a lie to fire her does she have any grounds for legal action?
  13. My wife has been working at Mcdonalds in Virginia for about three years. Her manager has been harassing her for over a year accussing her of things she did not do. On 08/20/14 he came in the store and said he wanted to see her in the breakroom. He said somebody in the store said my wife was going around calling him a child molester. My wife kept telling him she did not say this about him. She ask him who the person was who told him that but he would not tell her. He continued to harass her until after an hour my wife had enough and clocked out and called me to come pick her up. Later on that day she called a coworker and found out that she was fired. The manager said turn in your uniform. Is this a good wrongful termination case? Is this a case of defamation? Or what?
  14. I know a case in Virginia where a male juvenile was 16 years old back in 2006 raped and sodomized two 14 year old boys and is not registered in Virginia as a sex offender. He is 24 years old now. He pleaded guilty to the crimes and was sentenced to a minimum of two years in a sex offenders program. What would be some reasons why he is not registered in Virginia?
  15. My wife was fired for filling out a Virginia workers compensation claim. I am helping her fill out the EEOC intake questionnaire for retaliation. In the questionnaire it asks for the "number of employees in the organization at all locations." The choices are: fewer than 15, 15-100, 101-200, 201-500, or more than 500. She was fired from a fast food franchise. She was fired from one of the franchisee stores. Do we put down "15-100 employees" which would represent the franchisee store or "more than 500 employees" which represents the whole franchise?
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