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William D. Edelblute

William Edelblute’s Answers

153 total

  • Can WA State agency terminate me citing clerical error amending probationary period from 6 mo on 8/12 to 12 mo on 6/13?

    Took WA state job based on letter w 6 mos. probation period. Passed 6 mo. prob. New letter this mo. cites "clerical error now 12 mo prob." and they are terminating me . I performed my job effectively and completed every assignment given to me in...

    William’s Answer

    An attorney needs to review the written documents establishing your status after you passed the six months probationary period, whether set forth in an employee handbook or some other document. Do they say you can only be fired "for cause" after that point?
    If you were a tenured government employee, who can only be fired for cause, then you probably had a right to be heard before this "discipline" could be imposed.
    You don't mention union involvement, if you are a member of a union then a Collective Bargaining Agreement would spell out your rights.
    You don't necessarily need an attorney in the same locale, as documents can be faxed or emailed to an attorney for review, who is experienced in employment law, wrongful termination.

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  • Who is at fault when the landlord changes the lease after the lease has been signed, but no keys of the property have been given

    Lease was signed 8 May 2013, no addendums were attached, but stated that there were in the lease. 13 Jun 2013, received an email from the landlord asking for me to pay for a week of lawn care prior to me moving in. Lease simply states maintainin...

    William’s Answer

    You mention "addendums" not attached to, but but referred to in the lease. They would have to be attached at the time to be valid but you don't say if the landlord is now saying the requirement for paying for a week of lawn care is in an addendum.
    You should not sign documents that refer to addendums not provided at that time. If the landlord is claiming the addendums were provided, ask for copies, see if there is a signature line on the addendums.
    If the lawn care payment is not claimed to be in an addendum, then no the landlord cannot validly assess this charge as a condition to moving in. If the landlord claims they were provided in the addendums, it may or may not be one person's word against the other.

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  • How do I appeal against a courts decision to adopt my children

    the courts have made a decision to adopt how can I stop that as my head wasn't straight when they took them but now Is theve never been physical harmed its few different things I cant let them go I need show the courts how things have changed from...

    William’s Answer

    A notice of appeal needs to be filed with the trial court within 30 days of the judgment. If you are claiming you were incompetent to makes decisions at the time you signed any consent, then that could be a different procedure, a motion to vacate a judgment, which could give you more time. But with the stability of the child's environment a concern, that would take a very strong showing. Further explanation is needed as to why you apparently did not contest this.
    You may want a lawyer to review all documents to make sure you were provided proper notice.

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  • What is the staue of limitations for wrongful termination in washinfton

    My separated spouse (know by employer to be). Walked into my place of employment talked to my supervisor and told her i was a meth addict. Instead of doing what the handbook says ie calling in a medical professional and extenting help. She dirty m...

    William’s Answer

    The statute of limitations for wrongful termination in general is three years from the date of the termination.

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

    i didn't feel like my attorney was aggressive enough during my divorce trial. she left out some key factors that the other party drilled on and i had evidence that would have discredited it, but my attorney chose not to use it. the divorce was fin...

    William’s Answer

    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.

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  • Are "decrees of custody" appealable? How much time do you have to appeal?

    How can parental rights be revoked when you've never had trouble with CPS, never had legal trouble in regard to your child? The court apparently sent papers to have UA's done, but I never got them until AFTER I was a no-show for them. I didn't eve...

    William’s Answer

    You have thirty days from the final judgment to file an appeal to the Court of Appeals. As far as declarations being filed, a termination hearing would ordinarily be based on live testimony, not your declarations.
    I have successfully handled an appeal in a termination of parental rights. I would be happy to discuss it further. But don't wait, depending on when the final judgment was entered, the attorney will need more than just last minute notice to get it filed on time.

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  • Where can I find a definative list of items that need to be replaced in a rental after long term tenants move?

    We have lived in our apartment for over 12 years, the carpet, appliances and walls were all in imperfect shape (stove/oven VERY old, bad paint, etc.) when I moved in. We cleaned what we could, but I need to know what the complex can charge us for,...

    William’s Answer

    First, look at your lease to see what the deposit specifically covers. Then the landlord will have to give you a statement within 14 days of any charges intended to be taken out.
    I wouldn't worry unless you caused some unusually damage, beyond the usual wear and tear.

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  • A child support order was issued. Our attorney says he immediately filed a motion for revision.

    6 months later we had to make an appointment to see him - he would not answer our emails In the meeting he says the county clerk did not show that there ever was a motion filed and that the only way for us to pursue this would be to file a lawsui...

    William’s Answer

    Clearly the attorney owes you a refund for any time billed to you for the motion for revision if it was not filed on time. Ask him for what proof he has of when he sent the motion. If filed in person, usually the attorney obtains a date stamp on his copy at the time.
    By the "thousands" you are out, I don't know if you mean the child support in dispute, or fees charged by the attorney. One issue is whether you would have likely won if the motion was filed on time.
    Alleged attorney negligence is unfortunately not grounds to set aside a prior order.

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  • I leased a building for 4 years and just found out that the business right behind me is using my water. Never disclosed to me.

    Evidentaly both buildings are on 1 water meter. Is this legal or can I get reimbursed from the landlord?

    William’s Answer

    You probably have an equitable claim for the other owner's share of the water bill, probably going back only three years.

    You should contact the water utility right away to stop this problem going forward. An attorney could start out with a demand letter to the other business owner asking for payment and arranging for his own meter.

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  • I was arrested for simple assault and accidentally confessed. My gf doesn't want to press charges, what will happen to me?

    My girlfriend and I were at our college, and I pushed her to the floor. There was a witness and I accidentally confessed to the police officer who arrested from the shame I felt. The provisional attorney at my arraignment recommended I plead not g...

    William’s Answer

    Calm down. It is a serious matter, but you will make it through this okay. As to what the "trial" will be like, it is unlikely you will go to trial. One possibility for a first time offender is called a Stipulated Order of Continuance, where the charge is continued, held in abeyance for a year or two, and you get evaluated to see if you need treatment, and have no further violations, pays a small court costs, and the charge is dismissed. That's one possibility, no guarantee it would be offered.

    With a No Contact Order make sure you are obeying it to the letter. I don't know how you know what your girlfriend's wishes are with no contact with her. The prosecutor will likely consider her wishes in what result to seek in the case. Technically, the prosecutor can pursue it without her cooperation. A good attorney will review any grounds to challenge your "confession."

    It is a serious matter when someone ends up on he floor, but it doesn 't have to end your career choices. You can address the problem while potentially avoiding a conviction on your record. A private attorney may be worth hiring as a good one will take the time needed to get the best result.
    I have handled many of thes types of cases.

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