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David Andrew Mallen

David Mallen’s Answers

650 total


  • Edd appeal

    i file for uneployment a month ago online two weeks later i had recive my award pappers teeling me what my weekly payment will be, so a week after that i called edd to find out when will i be getting my first payment an i was told they approved it...

    David’s Answer

    If you were eligible to work in the U.S. you are probably OK. If not and you are undocumented, you cannot get EDD benefits.

    Best to email your specific issues to the EDD for a faster response.

    David

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  • Will I receive EDD?

    I put in my notice to resign, boss asked me to stay back and help train new person. I said yes and then 3 months later I tried to withdraw my notice due but they said position was filled. Then, the manager came back and said they could keep me for...

    David’s Answer

    You present interesting facts. No guarantees, but definitely worth your time to file for unemployment benefits. If I were the judge, I would grant you benefits on grounds that you successfully revoked the resignation, the employer offered you a new position, and you accepted the new position. Then again, I have not researched the issue under EDD standards.

    Good luck.

    D

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  • Can I sue my former employer for retaliation for opposing my unemployment compensation claim?

    My former employer has appealed my edd claim twice since my initial claim almost a year ago. I was fired after I refused to sign a written warning for being late once. I refused to sign the warning for two reasons. 1.) Three days prior to this occ...

    David’s Answer

    If you find a lawyer to help you at the EDD hearing, your lawyer can question the employer under oath and often get good testimony to support a possible claim for unlawful retaliation.

    A consultation would be worth your time based on the facts you provide.

    David

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  • Can I be made whole for loss wages because of discrimination in the work place - systematic prevention of training an developmen

    I employed by the USPS.I am a disabled veteran. I am African American. I have been discriminated against on many occasions,I have played the political game for over 20 years & have not filed a claim with the EEoc, Labor Board, or the USPS EEO off...

    David’s Answer

    Failure to promote cases require extensive legal analayis and are challenging to prove.

    Have you cosidered talking to a manager about getting you on a better track for promotion?

    Or, you can try to find a lawyer on AVVO.com or CELAweb.org, who may be willing to analyze your facts.

    If you can't find a lawyer, you can go to the EEOC or DFEH.

    David

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  • How best to collect on judgement won against employer who now shut down his company and went to exec role for another company?

    Hello, I won a judgement in CA against a small LLC employer in Ohio. I won my judgement and have all paperwork. At the time I won judgement, I knew my previous employer had little assets to collect on, but today, I was made aware that he just acce...

    David’s Answer

    If the judgment was against the LLC only, perhaps the Judge will allow you to amend the judgment to add the LLC's individual managing member to the judgment.

    This will require an attorney, probably, to help you.

    Good luck.

    David

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  • What affirmative defenses should I write on answer to sexual harassment complaint. (Plaintiff is lying).

    Please let me know which affirmative defenses I should assert to a false complaint for sexual harassment.

    David’s Answer

    An attorney can also advise you whether the claim is covered by any insurance policy, and whether you can sue others who are responsible, or whether you can ask your employer to provide you a lawyer if you are an employee who has been sued.

    A lawyer can also advise you as to whether you should settle, try mediation, or take other defensive action.

    You can find attorneys who will do legal work on a "limited services" fee agreement -- such as filing an answer to a sexual harassment complaint. I don't recommend this unless it is the only way you can defend yourself.

    You were wise to seek help on AVVO. I encourage you to take the next sensible step.

    David Mallen
    www.elsegundocaemploymentattorney.com

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  • Plaintiff sued co. &every male including me for sexual harassment. I left co. before lawsuit; Co. didn't tele me I was served.

    I worked at a company as HR consultant. Plaintiff, whom I never saw sued Co. and every male, including me lying about sexual harassment. She served me at the co. 6 months after I left the company. Company never told me she sued or I was serve...

    David’s Answer

    Not enough info to know whether you have a claim against the employer for indemnification.

    The fact that the employer did not invite you to the settlement discussion is no defense; however, you MAY be able to file a cross-complaint against the parties who you feel may be responsible for plaintiff's damages, if any.

    You were wise to ask on AVVO. Now you would be wise to see an experienced employment litigation/business attorney right away.

    David Mallen
    www.elsegundocaemploymentattorney.com

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  • I don't understand what this means I need help please thank u

    09/26/2012 Notice-Entry-Default Filed by Petitioner 08/27/2012 Request-Enter Default Filed by Petitioner 08/27/2012 Judgment-Package Received-2336 (Rejected on 09/25/12. Forms FL-141 and FAM031 required. ) Filed by Petitioner

    David’s Answer

    If default was taken, you must act fast. Courts will inquire whether you acted diligently.

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  • What is the statute of limitations for fraud

    wrote checks to self from a live in boyfriend's account and deposited into my account. This happened in 2007 or 2008; he is aware and has copies if said checks. Can he still press charges? How long does he have? when can he stop threatening me? wh...

    David’s Answer

    The statute of limitations may be tolled (frozen) until the fraud is discovered. This is a mixed question of fact and law.

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  • Do I have to keep a position open for an employee if she does not return from PDL after her 4 month is up?

    Her return to work date is 2/4/13 but she will not give us an answer in regards to returning. She says that she would like to come back in May or June. If she does not show on Monday to we have to hold her position?

    David’s Answer

    Pregnancy-related disability is treated like any other disability, and sometimes a reasonable job accommodation includes holding a position open for a disabled employee (assuming the employee is truly disabled).

    As my colleague says, proceed with caution with legal assistance. Avvo is no substitute for a detailed analysis by an attorney, and if you do this yourself you are playing with fire.\

    David Mallen
    www.elsegundocaemploymentattorney.com

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