William D. Edelblute’s Answers

William D. Edelblute

Kennewick Employment / Labor Attorney.

Contributor Level 11
  1. Not enough space, please see below.

    Answered 11 months ago.

    1. Michael P Brodsky
    2. James J White
    3. Frank Mascagni III
    4. Patrick Owen Earl
    5. Christopher Daniel Leroi
    6. ···
    6 lawyer answers

    Some convictions, not DUI, can be vacated from your record if it has been three years since your completed all requirements of your sentence. However, you can not get a conviction vacated if you had a subsequent criminal conviction, so as a practical matter, only the last non-DUI conviction could be vacated.

    3 lawyers agreed with this answer

  2. Can we sue an employer for pain and suffering from a wrongful termination if our union is arbitration to get our jobs & backpay?

    Answered 11 months ago.

    1. William D. Edelblute
    2. Brett A. Borah
    3. Marilynn Mika Spencer
    3 lawyer answers

    Arbitration is not suing, arbitration is a binding remedy that does not result in further suit. Certain types of wrongful termination fall outside a Collective Bargaining agreement, because of violation of statutory rights that can't be limited by a CBA, and suit can be brought, and emotional distress is a damage that can be sought in a wrongful termination suit. I don't see anything described here that falls under a statutory right falling outside a CBA. So it appears likely they are...

    3 lawyers agreed with this answer

  3. I am on ssdi child support just put in an order for $1000/month for arrears how do i get this changed?

    Answered 11 months ago.

    1. William D. Edelblute
    1 lawyer answer

    Supplemental Security Disability Income is not counted in income at least in Washington, for computing child support. You should have been notified in advance of any intent to modify the amount. Look over any documentation your received for your right to an administrative appeal hearing on any change. You may need to contact an attorney, as there seems to be a good deal of confusion over why Washington would change an amount set by California, and why there would have been a change without...

    3 lawyers agreed with this answer

  4. How long after a divorce trial and final parenting plan is ordered can you appeal the parenting plan?

    Answered about 1 year ago.

    1. William D. Edelblute
    2. Dave Hawkins
    3. Thomas Creekpaum
    4. Joshua Sachs
    4 lawyer answers

    You have thirty days to file an appeal to the Court of Appeals. The appeal is on the record made in the trial court, you cannot add evidence to the record, except in rare circumstances.

    3 lawyers agreed with this answer

  5. What are the differences between filing a reconsideration & filing an appeal & how does filing either affect the filing deadline

    Answered over 1 year ago.

    1. William D. Edelblute
    2. Jason Paul Steed
    2 lawyer answers

    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.

    3 lawyers agreed with this answer

  6. Would there be any federal issues a disabled employee can pursue in Federal courts in WA State where he failed in State courts?

    Answered over 2 years ago.

    1. William D. Edelblute
    2. John William Ladenburg
    3. Brian S Wayson
    3 lawyer answers

    It seems unlikely. By "discrimination against public employees" who are not police officers or firefighters, you may be asking if there is a denial of Equal Protection under the 14th Amendment. The government would have a sufficient rational basis to treat police and firefighers differently than all other public employees in general. As a "public employee" in general, you don't specified if you are tenured. Some government employees would have no tenure, or property interest in their job...

    3 lawyers agreed with this answer

  7. Want to appeal a district court Judges ruling on an anti harassment order.

    Answered 11 months ago.

    1. William D. Edelblute
    2. Vitaliy Kertchen
    3. Robert Daniel Kelly
    3 lawyer answers

    Ordinarily an appeal from a District Court ruling is to the Superior Court.

    Selected as best answer

  8. Should I seek legal counsel?

    Answered 11 months ago.

    1. William D. Edelblute
    2. Matthew William Hoffmann
    3. Dean George Tsourakis
    3 lawyer answers

    Your question is: "Can she make me do that?" The answer is no, generally speaking. She is not a party to the divorce. The decree does not require you to refinance. There is a twist, since you say your mother-in-law and ex husband "took out a loan" on the car. Is her name on the title, along with your husband? If so, she could try to claim a possessory interest in the car and take possession of it, but since the intent was for you to drive the car, you are the beneficial owner, and...

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  9. If a case has been stayed pending appeal does there need to be an explicit request to lift it?

    Answered over 1 year ago.

    1. William D. Edelblute
    2. Lewis John Gazda
    2 lawyer answers

    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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  10. WA State. I received a summons for modification of child support/petition.

    Answered 10 months ago.

    1. William D. Edelblute
    2. Scott T Ashby
    3. Peter Jaret Abbarno
    3 lawyer answers

    You are not obligated to be in court until served with a notice of hearing. That notice can be by regular mail. Normally, it will not be set for a hearing until after you have filed and served your response, your year to date paystub, two years of tax returns, your child support worksheet and financial declaration. You may want to see an attorney to make sure you utilize all the deductions from gross pay you are entitled to, as well as any limitations on the support.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful