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Dennis Patrick Wilson

Dennis Wilson’s Answers

51 total


  • How can I get my unpaid wages from former employer?

    I'm posting for friend who can't speak English. She was working for company for past 3 years and it sounds like she didn't receive any overtime when she practically worked 10-12 hours, 5-7 days per week. She was fired last week after being haras...

    Dennis’s Answer

    Yes your friend can sue your employer for wage and hour violations and possibly conversion. There also may be some discrimination claims as well as other claims. If the business is in escrow you may be able to try a novel approach and file the law suit immediately then go in for a prejudgment writ of attachment, which if granted could tie up the escrow and lead to the employer doing the right thing and paying what is owed.

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  • I want custody of my 2.5 yo daughter. How can I do this?

    My x-gf lives in a violent home (at her mother's house) & she's mentally unstable. Her mother is too. Her brother is violent and has beaten her and his mother (he also lives in the house). I don't want my daughter in that environment. Currently we...

    Dennis’s Answer

    You will need document proof of the home environment that you describe from witnesses including yourself as to what was observed or hear or admitted to by ex. Also, you will need to talk to neighbors and get declarations from them with regard to the allegations you have set forth. If there are police records they will need to be obtained and any officers who investigated subpoenaed. These things will need to be packaged into an RFO and then live testimony presented in Court at the hearing.

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  • My employer only pays me $50 a day for 8 hours of work. Every other week he pays me in check lies about hours, can I sue?

    Basically I get paid 6.25 a hour. But if I miss a hour he takes 10.00 out of my pay per hour. (which never really happens unless I have to leave for something). I get a paid cash of $50 a day for one week. Then I get a check of Bogus hours worked...

    Dennis’s Answer

    THERE APPEARS TO BE MINIMUM WAGE VIOLATIONS, OFF THE CLOCK VIOLATIONS, FAILURE TO KEEP ACCURATE TIME RECORDS VIOLATIONS, CONVERSION OF YOUR WAGES, AND OTHER VIOLATIONS. THESE ARE ALL VIOLATIONS OF THE LAW. IF YOU COMPLAINED ABOUT THIS AND YOUR EMPLOYER RETALIATED AGAINST YOU THEN THAT IS ALSO A VIOLATION OF THE LAW. IF HE IS ENGAGING IN THIS SAME PRACTICE WITH OTHER EMPLOYEES THEN THAT IS ILLEGAL TOO. YOU COULD GO TO THE LABOR COMMISSIONER OR FILE AN ACTION YOURSELF OR WITH OTHERS IN THE SAN BERNARDINO SUPERIOR COURT.

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  • What are my options? What would be the best thing to do?

    I work for Jones Lang Lasalle as an operating engineer. This company does Kindred Hospital' s maintenance around the hospital. I constantly get bullied by my boss. He is constantly harassing me and making me do things that are not in my job descri...

    Dennis’s Answer

    you should transmit in writing that you feel you are being required to do things that are not in your job description and that you believe you are being harassed unfairly. You request a meeting in wriing with human resources concerning the bullying and hostile work enviorment in writing. Try to determine if you are being treated differently based upon a protected category.

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  • My ex is telling our kids that I just use them for a paycheck, funny thing is that he hasn't paid child support for 5 months.

    Child custody situation

    Dennis’s Answer

    It sounds like your ex is trying to involve the children in the custody/visitation issues in the case which is prohibited. You should not talk about these issues with the children and ask the ex to refrain from doing the same. You should try to get a wage assignment to enforce the support order.

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  • What's entailed in writing a divorce settlement demand letter?

    I was instructed by the judge to write a divorce settlement demand letter after my ex has failed to show up for the past few court dates. I've been trying to find some kind of format to no avail. I went to the court self-help center and they were...

    Dennis’s Answer

    If you are going to di it yourself you should Goggle Marital Settlement Agreements in California and then use that as an exemplar template. You need to cover all of the community assets and each party's seperate property, spousal and child support as well as distribution of real and personal property. Also you need to put in the date of the marriage and the date of seperation. If there are any pension funds they need to be joined into the family law case.

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  • Do I need a employment lawyer, civil lawyer or a criminal defense lawyer?

    My employer had violated alot of labor law. Unpaid overtime,unpaid work at home,no sick or any kind of leave even holiday. We dont have any contract at all. He smokes cigarette & uses drugs inside the office. He never gave my w2 for a year working...

    Dennis’s Answer

    It sounds like your employer is violating a number of California laws and retaliating against you for complaining about Labor Code violations and other violations. At his time you probably need a good employment lawyer who also is familar with criminal law just in case you need to fight any trumpted up charges.

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  • I was made to work off the clock for my former employer

    I was a shift manager for my former employer an was threatened to be reprimanded if I didn't finish my nightly duties without obtaining overtime

    Dennis’s Answer

    Forcing you to work off the clock and not paying you for it, whether it be at your regular rate if that extra time does not take you into overtime (i.e. over 8 hours in a day or over 40 hours in a week), or your overtime rate is a violation of California law. If the company is following this policy with all of the workers it would provide Corroboration to your claim, especially if your employer once confronted denies they are requiring you to work off the clock.

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  • Motion to withdraw in family law

    I heard there are strict procedures to be followed for filling a motion to withdraw to be granted. what are those? 2-my attorney has filed MC-052 (declaration for withdraw) and not MC-051 (notice of motion). would this be enough to deny the...

    Dennis’s Answer

    The attorney must file the Notice of Motion, the Motion, a declaration as to why they are withdrawing and a proposed Order. You have to be served with all of the documents. If a trial is looming and the Court grants the Motion you need to get a trial attorney right away.

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  • Is a commercial lease valid if it has not been signed? Did I have a month to month agreement?

    I never signed lease with new property owner but I did sign a personal guarantee of that lease. I vacated the property with 9 months left on term of unsigned lease and stopped lease payments.

    Dennis’s Answer

    If you guaranteed the lease you may be liable since you signed it. The landlord still has to try and mitigate their damages by trying to lease to someone else. You should contact a local attorney for help.

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