Kennewick Employment / Labor Attorney.
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...
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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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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...
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As indicated in the other answer, filing of your post-judgment motion would extend the time for filing of your appeal. However, that assumes your post-judgment motion is timely and properly filed. I would be concerned not only about having an attorney for any appeal, but for any post-judgment motion, as well. You state "while I get an attorney," but an attorney would prefer to take over in time to file any motion for reconsideration on their own, to make sure any arguments are appropriately made.
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No, usually not. Assuming it is a civil case, the mandate is a command to the Court, so the Court should be setting a new scheduling conference, or issuing a new trial date and schedule, to carry out the decision of the Appellate court. If the decision affirmed the decision below, then you would have to specify the next action you believe anyone needs to carry out. (Don't know who prevailed originally, or what the result of the appeal was.) If no action is taken, then the Plaintiff might...
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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.
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Whether this is "misconduct" for the purposes of denying unemployment compensation may depend on whether there were any clear rules about your schedule in terms of being asked to come in on your day off. Ask for a copy of any employee handbook if you don't already have one. Some specify how many "no shows" will result in termination, even though the employer can let you go for any reason, it could help show you thought you weren't breaking a rule. Even if you are an "at will" employee with...
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FIrst, you definitely need to appeal the denial of the unemployment compensation, within the deadline stated in your notice of denial of benefits. The burden will be on the employer to prove misconduct. Misconduct is the intentional violation of a clear, known rule. You deny any such rule. The hearing will be held before an administrative law judge, usually by phone. The chances of winning an appeal of a denial due to "misconduct" are usually good. My clients have prevailed in probably...
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To answer the question posed in the title of your question, the statute of limitations in the State of Washington for a defamation action is two years, a year shorter than for many other types of tort claims. However, the tort of "malicious prosecution" may apply to facts like these, and the staute of limitations for that action is three years. To maintain an action for malicious prosecution, the plaintiff must allege and prove (1) that the prosecution claimed to have been malicious was...
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You should submit a written request to the board requesting a copy of all policies and/or the employee handbook. Ask to review your "personnel file" as well, any employee has a right by statute to inspect their personnel file. There should at least be a record of your discipline and a reference to the policy allegedly violated. Ask for written clarification of whether you are an "at will" employee, or whether your are a "tenured" public employee, who can only be disciplined "for cause."...
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