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Xythe
Xythe
Join Date 12/2001
+1

Court In 9 Hours

November 15, 2006 3:06:54 AM from JoeUser ForumsJoeUser Forums
Well, in 9 short hours I get the opportunity to play lawyer again.

Honestly, I really appreciate some of the more informal courts we have in America because the protocol is not so rigid, and any layman such as myself gets the opportunity to represent ourselves. Later on this morning, I will make my appearance in front of the California Unemployment Appeals Board in the case of:

Lou Ron

vs

New World Industrial Coatings

In the past one and a half weeks or so I have studied the pertinent law, responded to the DE1000M (basically a complaint, or the reason an employer has for dispute), pulled together my relevant evidence, issued subpoenas to witnesses and to discover records, prepared a tentative closing statement, and filed a declaration should the chance that I not appear come about.

With a hair-cut, a nice close shave, and modest dress I will make my case to a state judge in response to my former employers allegations. The whole event makes me quiver with excitement. In the few times I have chosen to represent myself in the courtroom, I have never yet lost.

You might wonder what all this is about? If so, you can read about it some by clicking the Link Link.

In a nutshell, my ex-employer claims to have terminated me for misconduct for not having a drivers license. Not to get into it here, but my former employer has known for the past year since I walked on board that I did not have a drivers license.

Anyway, It's come down to me from the chain of command at NWIC that Dave Gardner, the president of the company will not be making an appearance in order to save himself the humiliation I plan to expound on him, but rather he intends to send his wife (the Chief Financial Officer) in his stead. How sad, the owner of a construction company sending his wife to fight his battles, realizing his hopes of victory are more than slim. More of a shame is I really wanted to grind Dave for the way he's screwed me over in the past 5 months or so, but I simply cannot do the same to his wife. Oh well, this is all speculation at the moment, but the truth will be known in about 9 short hours.

Wish me luck!
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Xythe
pureintentions
Join Date 09/2006
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Reply #1 November 15, 2006 5:02:39 AM
from JoeUser ForumsJoeUser Forums
G'luck!!


Cant wait for the results of the Court Hearing !!. I know you know what you are doing when it comes to these kinds of things, so Im sure things will turn out just fine!!!



Best wishes dear Xythe
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Xythe
Zoologist03
Join Date 04/2004
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Reply #2 November 15, 2006 7:11:34 AM
from JoeUser ForumsJoeUser Forums
Good luck.

And be sure to pwn their ass.

~Zoo
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Xythe
Dr Guy
Join Date 09/2004
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Reply #3 November 15, 2006 7:20:58 AM
from JoeUser ForumsJoeUser Forums
Let us know how it turns out.
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Xythe
Dr Guy
Join Date 09/2004
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Reply #4 November 15, 2006 7:21:01 AM
from JoeUser ForumsJoeUser Forums
Let us know how it turns out.
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Xythe
Xythe
Join Date 12/2001
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Reply #5 November 15, 2006 9:38:33 AM
from JoeUser ForumsJoeUser Forums
And be sure to pwn their ass.


Got my finger crossed Zoo!

Let us know how it turns out.


I'm out the door, and will do Doc.
I'm out the door, and will do Doc.

Tee hee
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Xythe
Xythe
Join Date 12/2001
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Reply #6 November 15, 2006 1:51:38 PM
from JoeUser ForumsJoeUser Forums
As a painter, I always feel like a clown when I need to dress somewhat formally.



Anyhow, all seemed to go quite well for me. My ex-employer never did show, and the judge dismissed the case. However, just as I was walking out the door, the court had received a declaration from New World, so in I went.

I had covered most of what needed to be said in writing that I had filed a couple of weeks ago, so there was very little to be said. The judge asked me a few questions, mostly the same questions the EDD had asked me a month prior when they made the decision that I was discharged for reasons other than misconduct in the first place. He then told me I would be notified of his decision via mail.

It's my experience appellate courts rarely overturn the primary decisions as it undermines the department who made the decision. In my case, the primary decision was based upon the law, and I had made that known in court (as if the judge would not know). So, I remain very optimistic, and will probably be eligible for unemployment on my next claim. I receive the maximum benefit California allows, so it was all pretty well worth it to me.

I'll let you all know for a fact when I receive the judgment via snail mail in a day or so.
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Xythe
Dr Guy
Join Date 09/2004
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Reply #7 November 15, 2006 2:43:32 PM
from JoeUser ForumsJoeUser Forums

I receive the judgment via snail mail in a day or so.

They actually have email for some things.  I know, my wife is a paralegal and I have spent many days in the clerks office on her behalf (waiting for a signature).  Shame they cant do judgements that way, but the problem with email is there is no guarantee of delivery.

p.s.  Sorry for the duplicate post before.  I did not realize it had posted twice until I read your response.

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Xythe
Xythe
Join Date 12/2001
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Reply #8 November 15, 2006 2:51:17 PM
from JoeUser ForumsJoeUser Forums
Shame they cant do judgements that way, but the problem with email is there is no guarantee of delivery.


Yeah, I suppose using verisign is ok, but to have to rely on a reciept is another story. It would be nice if they sent the judgement vai bot email, then snail mail.

Come to think of it, how do they verify the snail mail receipt?

p.s. Sorry for the duplicate post before. I did not realize it had posted twice until I read your response.


No sweat Doc..it happens to the best of us...even me.
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Xythe
Dr Guy
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Reply #9 November 15, 2006 3:00:52 PM
from JoeUser ForumsJoeUser Forums

Come to think of it, how do they verify the snail mail receipt?

When I worked for a judicial Agency, all correspondance went out with a return receipt.  I suspect you are going to have to sign for it.

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Xythe
Xythe
Join Date 12/2001
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Reply #10 November 15, 2006 5:45:15 PM
from JoeUser ForumsJoeUser Forums
I suspect you are going to have to sign for it.


Gotcha. If I wasnt so lazy, I suppose I could simply go down there today and look in the file. It is after all, a public record.

In any event, I'm guessing it went in todays mail, which means I'll have it tomorrow.

It will give me time to file my claim with the Division of Labor Standards Enforcement regarding the wages he cheated me out of on the certified payroll, and the Industrial Welfare Commission concerning a discrimination claim.

A decision in my favor on any or all of the claims from the EDD, DLSE, and/or the IWC is really going to help me drag this ass hole into civil court.
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Xythe
foreverserenity
Join Date 06/2004
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Reply #11 November 15, 2006 6:09:42 PM
from JoeUser ForumsJoeUser Forums
Aw, saw the picture! Good luck, hope the case went well. Will read your story later!
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Xythe
Ravenblack
Join Date 07/2004
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Reply #12 November 15, 2006 7:08:48 PM
from JoeUser ForumsJoeUser Forums
I've read your two previous post about your boss. Good luck, and hope things go your way.
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Xythe
pureintentions
Join Date 09/2006
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Reply #13 November 17, 2006 4:51:34 AM
from JoeUser ForumsJoeUser Forums
You are hot no matter what you are wearing my sexy man, not like a clown at all.....But you looked great for court ; )


Anyways..Im glad the court hearing went exremely well and easy for you. ( Considering the coward came up with an excuse not to show )


None the less I cant wait to see what the outcome is to all of this...Im sure you will only come out on top..You have a great noggin on those shoulders, so I know he wont be able to screw you over throughout this ordeal : )
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