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James Underhill’s Answers

623 total


  • Written dismissal for Inappropriate Conduct. Verbally told I complainted about manager to director. 17 days later addl reason

    Employed 7 yrs, 8 mths. Positive annual reviews. Company merger July 1. New director asked what would help do my job better & I voiced complaints about supervisor. Aug 31 given written dismissal for Inappropriate Conduct. Verbal reason given that ...

    James’s Answer

    Wow. You have a number of issues. First, the bonus you earned, so long as there was nothing more you needed to do before it was earned, is payable and due to you. In Colorado a bonus earned but not paid must be paid at termination so long as the employee had already done everything necessary to earn the bonus.

    As for the termination. Welcome to the change made during the 90s by the legislature and governor. In Colorado, this would constitute retaliation but proving it would be very difficult. The company's and manager's stories will change as necessary. The porn claim is just silly. They claim that after you were gone they found something on a machine used by lots of different people. That's not going to stand up.

    AS for unemployment. In Colorado you are entitled to unemployment as your termination was not for cause. DO NOT miss the opportunity to appeal the initial finding. You will get a hearing and the odds here are that you would receive the benefits.

    Your best bet is to find a lawyer familiar with employment issues and discuss your facts with him /her so that you know the law and your rights and options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

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  • We filed Chapter 7 in 2011, maintained house and HELOC paymts but HELOC matures on 11-6 12. Need suggestions.

    We did not reaffirm either loan and credit report shows 1st mortgage discharged, but HELOC status listed as open (and not discharged). HELOC lender is trying to help us refinance to standard mortgage loan but they are not very communicative and we...

    James’s Answer

    • Selected as best answer

    I'm assuming that you are current on the 1st mortgage as well. If so, then the HELOC company should be willing to help out, or they'll end up paying off the 1st to foreclose. Have you asked the 1st for either a HAMP or HARP modification? Or tried to find a loan company to refinance both into one mortgage? Those are all options.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

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  • If someone is paying retroactive child support in payments does that mean they are current in child support

    My ex husband is allowed to claim our kids on his taxes this year if he is current on child support. He was ordered to pay retroactive child support and he shall paid equally payments over a 24 month period. He choose to make payments and not pay ...

    James’s Answer

    I think most tax attorneys will agree that if the ex is compliant with all applicable orders for child support then he is "current". Default occurs when a violation of the court's order is happening and not satisfied.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • My daughter has medical bills from a hospital which date back 2 yrs which went unpaid. Which is part of Centura Health Sys.

    She starting going to a PCP at Family Medical Practice (also part of the Centura Health Sys) and was billed only for those charges of the dates seen and owed $57.00 for 3 different visits and thats all that was on the statement for which she paid...

    James’s Answer

    Actually, the hospital can apply a payment to the oldest charges first. That's Colorado law. Negotiating is a good idea. The hospital has 3 years to file suit to collect, but that is measured from the last payment or the last service, whichever is later.

    Depending on your daughter's financial situation she may wish to discuss this issue and a possible bankruptcy with an experienced attorney.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Installed a roof with a hard number contract. Homeowner refuses to pay. Is this theft of services and what can I do beside lien?

    Was an insurance claim. Homeowner had no out of pocket expense besides deductable. Claim is over $30,000. roof has passed all city inspections and we did everything plus more than what the insurance company allowed for. Had an issue with some smal...

    James’s Answer

    Some law firms specialize in collecting for contractors. You may want to consult with one of them.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Does the widow pay tax on a distribution from investments on her late husband's final return, when the money went into a trust?

    My step-dad set up a living trust for the benefit of his children when he married Mom in 1982. Mom was not a beneficiary of the trust. Just prior to his death in 2010, his daughter withdrew over $100,000 from his investments and deposited it into ...

    James’s Answer

    You need a competent lawyer right away. You are correct, the return should not have been filed the way it was. Moreover, the distribution to the trust should have been treated as either part of the eventual inheritance, or as a tax free transaction depending on the investments and the trust language.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Can a lodger refuse to pay rent because my house is in foreclosure?

    Can I evict for non-payment of rent? I'm going thru a load modification process. The sale date of my home has been delayed 3 times. Can the lodger sue me for the months or rent he paid knowing I wasn't making any mortgage payments. Thank you so...

    James’s Answer

    Even though the house is in foreclosure, you can evict for non-payment of rent. Even after the foreclosure, until the new owner gives notice to the tenant and tells them where to pay the rent, the owner must continue to pay the rent to you. (Part of the saving American Homes law).

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Sealed affidavit? What does it really mean? Contents went public in a major press release.

    An attorney (in New York) submitted a sealed affidavit on my behalf telling me that my good name would be protected. I was assured that this was the case. Yet she proceeded to submit a Memorandum of Law along with an unsealed affidavit of her own ...

    James’s Answer

    I'm assuming the lawyer represented someone other than you. If that's the case and the attorney made a promise to you and broke it, you can file a grievance with his bar association. The breach may also be actionable if you suffered actual damages (not just being upset) from the disclosures.

    Of course, if you are going to sue, you need proof of what the attorney said. If you don't have that in a letter or email, then you may wish to write a letter asking why he did what he did after he promised you and see what he admits in his return letter.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Do I have to return my engagement ring?

    My fiance called it off. We live in colorado?

    James’s Answer

    I have always told my clients that its a gift and the recipient has no duty to return it. One wrinkle though. Sometimes the guy buys the ring on credit. If that's the case, the seller probably has a security interest in the ring, which means that if he stops paying for it, then the store can possibly take it back from you.

    So, you can keep the ring and if someone comes calling, then be sure to take the issue to a lawyer for a consult to make sure that you know your rights and options. If someone comes asking, be sure to have them give you a copy of the sales and security documents so you can take those to the lawyer.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question 
  • Do I have any legal recourse for being illegally stopped, detained, searched and assualted by Aurora Colorado Police?

    Saturday morning and was noticed a unmarked police car drive by and a marked car in the parking lot to my left. The unmarked car pulled in and I walked over and said, hey guys whats going on. The female officer said I fit the description of a ma...

    James’s Answer

    Apparently the system stopped accepting your facts before you were done typing. So, if you were arrested and cited get a lawyer right away. If you were not cited or arrested, then you may have a claim. Its an unfortunate fact that the Aurora police, like many other departments in Colorado, simply have no respect for citizens or their rights. Damned if I know why that's true, but it is.

    If you were injured, get medical treatment right away to establish that you were injured.

    Your best bet is to have a meeting with an experienced attorney and discuss your rights and options. If it turns out you may want to file a complaint with against the city or the police officers, then you need a lawyer that has done that before.

    Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

    Good Luck
    Jim
    jim@NeighborhoodLawOffice.com

    See question