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Wojciech Zbigniew Kornacki

Wojciech Kornacki’s Answers

357 total


  • How should I address my dispute with an ROTC debt? Is it plausible to argue my mental health case after I've started payments?

    I received this after I breached my ROTC contract 2011. I was going through depression that required me to move back home, undergo Dialectical Behavioral Therapy with a Psychotherapist and finish school in state; I breached my contract on several...

    Wojciech’s Answer

    Since there are several unknown facts in your fact pattern it may be best to have someone review all the documents and provide you with a comprehensive analysis. Specifically, all the reasons for the breach. Other evidence in mitigation may apply as well.

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  • What is the deal? Please help me out asap!

    I am currently facing a chapter for positive UA my ets is in 2 weeks. My leadership hasn't told me anything yet. what is going to happen? Or what do I start doing? Please help me out

    Wojciech’s Answer

    You should consult with an experienced military law attorney. You are also most likely entitled to free legal representation. Some of the questions to discuss are: how long have you served, what discharge are you likely to obtain, what reason for separation, and what evidence is there against you. Time is of the essence.

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  • Do government contract companies such as General Dynamics have to follow the WARN act?

    We have known about layoffs for months but have not received anything in writing. We are being told that we may receive our notices two weeks in advance.

    Wojciech’s Answer

    This may depend on what the contract says. You should probably check with the U.S. Department of Labor. Attached is a link explaining your rights in detail.

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  • Military law Question. How can I resign to my commission if I am a military officer?

    I wanted to pursue a hardship discharge but I do not think it will be approved. How long does the resigning process could take? What type of characterization discharge can I receive? I am a jr officer and really need to resign because I have had a...

    Wojciech’s Answer

    You should consult with a legal assistance attorney or an experienced military counsel. Some of the questions to discuss is your service obligation, specific reasons for the hardship discharge, and supporting documentation. Once complete, it has to be routed through the chain of command. This is a very discretionary process, and the details depend on the branch of service you are in.

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  • Non reenlistment due to promotion potential of the unit and failure of Physical Fitness Test

    My brother is a E-8 Senior Master Sergent serving 13 years in the Active Guard Reserve serving as the Chief of the Crash Fire Rescue Department on base. He has a new Supervisor that forced him to take the Physical Fitness Test prior to the schedu...

    Wojciech’s Answer

    • Selected as best answer

    When you or he schedule(s) a free consultation, you/he should be prepared to answer some questions such as:
    1) why the test was given early, 2) how did he do on the actual test, 3) did the test comply with the requirements. It sounds like there is more information in the background.

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  • Termination for default of subcontractor due to material breach but did not give notice to cure, is this allowable?

    My company was the contractor to a government contract and entered into a subcontract with another vendor. The vendor was then responsible for 60% of deficient work notices and had an employee commit an egregious safety violation. Vendor then told...

    Wojciech’s Answer

    You should consult with an attorney specializing in government contract and procurement law. From your posting it is not clear whether this a Federal Acquisition Regulation question or state related matter. Either way, generally speaking termination for default is not good, and you should have someone look at it so he can properly advise you on your rights.

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  • What type of attorney would I need?

    My current husband is active duty military. We have 2 biological children and my biological daughter. We have been married 5 years. We bought a house in Texas about 1 and half years ago with his VA loan but he is stationed in California. I am...

    Wojciech’s Answer

    Not enough information is provided to answer this question. You should consult with a free legal assistance attorney or retain a divorce attorney specializing in military law. Perhaps it is possible to draft a separation agreement dividing the property. Some of the questions could be answered by the state law that will control the transaction.

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  • I need legal advice regarding an ABCMR appeal.

    I would like to submit my appeal and am not sure if I should do it via online or by mail. This is the first time that I work with the ABCMR and just saw that they accept online applications but am not sure how this works or if its better to send i...

    Wojciech’s Answer

    You should consult with an experienced military law attorney. Many attorneys offer free consultations. You should discuss whether the ABCMR is the proper venue, the burden of proof, legal issues pertaining to you, and also any other issues, such as responses to advisory opinions, hearings, etc. See the link for more information.

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  • Is it wrong to email a lawyer who represents a person filing a child support order against you

    I emailed the lawyer who is representing a woman who claims my husband is her child's father

    Wojciech’s Answer

    The answer to this question depends on whether a person is represented. If a person is unrepresented, generally speaking, an attorney may communicate with an unrepresented person. If the person is represented, the attorney must communicate through the attorney. Any communications between the opposing attorney and the unrepresented person could be used against that person. This is why it is always best to be represented.

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  • Last month I worked at a bar for seven years and I served a cadet how much trouble is my employer going to get into?

    It's my first time serving a cadet.

    Wojciech’s Answer

    It depends on the age of the cadet. Some cadets could be of drinking age. It probably depends on your employer's prior record; sometimes punishment is enhanced for repeated underage drinking. You should consult with your state's attorney specializing in this area of law.

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