William D. Edelblute’s Answers

William D. Edelblute

Kennewick Employment / Labor Attorney.

Contributor Level 11
  1. I want to sue a former partner for embezzlement.

    Answered over 1 year ago.

    1. William D. Edelblute
    2. Patrick Owen Earl
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Though your question is posted under "White Collar Crime," you say you want to "sue." As to the almost six years passing, the statute of limitations is three years for most felonies of this nature, so it is probably too late for any criminal case. The same for any civil suit based on oral promises. For written agreements, the statute of limitations is six years, so if you have a written agreement between the two of you that he violated, then you have a chance, but must act fast since it...

    6 lawyers agreed with this answer

  2. How long does a party have to serve appeals paperwork to the respondent?

    Answered about 1 year ago.

    1. William D. Edelblute
    2. Vitaliy Kertchen
    3. Dave Hawkins
    3 lawyer answers

    Usually you would not need to file a motion if he is not meeting deadlines, the Clerk of the Court of Appeals would send him letters warning him if he did not comply within another 10 days, then he could be sanctioned, and if it is bad enough eventually they would put in on a motion docket to show cause why it shouldn't be dismissed. The Clerk would copy you in on such warning letters about non-compliance. If you have not received anything from him or the Court since the appeal was filed, I...

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  3. My unemployment claim was denied as my employer claims that I was discharged due to tardiness.

    Answered about 1 year ago.

    1. William D. Edelblute
    2. Alexander J. Higgins
    3. Christopher Daniel Leroi
    3 lawyer answers

    For tardiness, it is misconduct under RCW 50.04.294(2)(b), if it is "(b) Repeated inexcusable tardiness following warnings by the employer;" For absences, the test is " (d) Repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so;" If the employer cannot prove the facts fall in the above facts, it is not misconduct. You may want an attorney for the administrative appeal hearing. Because the hearings are by phone,...

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  4. Can I file Habeas Corpus for my friend who is in jail awaiting appeal and represented himself during his misdemeanor trial?

    Answered 11 months ago.

    1. William D. Edelblute
    2. Anthony Michael Giordano
    3. Aaron J Nielson
    3 lawyer answers

    You cannot file a habeas corpus on behalf of someone else, if you are preparing it, because that would be practicing law without a license. I suggest he send a letter to the trial judge informing the judge that he wants to appeal his conviction and needs an attorney appointed for the appeal.

    4 lawyers agreed with this answer

  5. Im seperating from my husband and its getting violent, can me and the kids stay in the marital home and kick him out?

    Answered 11 months ago.

    1. Thuong-Tri Nguyen
    2. William D. Edelblute
    3. George E. Telquist
    4. Tami Lane Augen
    5. Scott T Ashby
    5 lawyer answers

    The name on the title to the house will not stop you from asking a Court to restrain him from coming to the house or contacting you, pending further proceedings. It is still your dwelling at this point. (Depending on when the house was acquired, and how any payments have been made, the marital community may, or may not, still have ownership in the house to be divided in a dissolution. That decision could be many months down the roads.) You can either ask for an immediate temporary...

    4 lawyers agreed with this answer

  6. Can my employer make me pay their legal fees and money they now owe for failing to return a response to a garnishment?

    Answered over 2 years ago.

    1. William D. Edelblute
    2. Samuel Michael Meyler
    3. Ty Hyderally
    3 lawyer answers

    No they cannot. They cannot withhold the fees from your pay, as Washingon statutes are very strict about what can be deducted from your pay, and something like this is not on the list. Only if you wilfully caused damage to your employer can they demand compensation from you. And there is no other basis for the employer to hold you accountable for their own negligence. Your employer has a decent chance of setting aside the judgment if they can show the failure to return the documents was a...

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  7. Do I need an employment lawyer?

    Answered over 1 year ago.

    1. Darrel S Jackson
    2. Alexander J. Higgins
    3. William D. Edelblute
    3 lawyer answers

    You may wish to start a complaint with the Federal Equal Employment Opportunity Commission and the Washington Human Rights Commission over the concern about age discrimination. Their investigation could help an attorney sort out the facts.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Domestic Violence Issue

    Answered over 1 year ago.

    1. William D. Edelblute
    2. Scott T Ashby
    3. Thuong-Tri Nguyen
    4. Patrick Owen Earl
    4 lawyer answers

    1) As Mr. Nyugen states, it doesn't sound right that a "divorce" judge would fine you for this, punitive contempt, punishment requires a jury trial, or plea of guilty to a criminal offense, so a fine wouldn't be imposed by a "divorce" judge for slapping your husband. (Judges can only impose punitive contempt for conduct in their presence.) It probably was a criminal conviction. Assault 4th or violation of a protection order would disqualify you from gun possession. See RCW 9.41.040 for the...

    3 lawyers agreed with this answer

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  9. How to appeal husband keeping tax return while jointly filing? I have not signed 2012 papers yet.

    Answered 12 months ago.

    1. William D. Edelblute
    2. Thomas J. Wagner
    3. Paul Rutledge Durr III
    3 lawyer answers

    The time for an "appeal" passed thirty days from entry of the decree. A decree can be vacated by a different procedure, with a longer time period allowed, if someone committed fraud, but you say it was a "mistake my attorney overlooked." Generally a mistake by your attorney is not grounds to vacate a decree. It is highly unusual for an attorney to sign off on a decree without going over it verbatim with their client. You should discuss with the attorney how such a provision was made...

    3 lawyers agreed with this answer

  10. Our renters are in a lease, fire broke out because of their doing..are they still liable for the lease plus our deductible?

    Answered 12 months ago.

    1. Christopher Daniel Cutting
    2. William D. Edelblute
    3. Shawn B Alexander
    3 lawyer answers

    They are responsible for all damages directly caused by their negligence. They could be liable for the rent under two theories, under the lease and on the theory their negligence is what made the property un-rentable. As stated by another attorney you cannot settle a claim with the renters without letting your insurance company know, as the insurance company has a claim for reimbursement for what they have paid out, if another party is held liable. They may or may not be willing to waive...

    3 lawyers agreed with this answer