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William D. Edelblute

William Edelblute’s Answers

153 total

  • I am appealing a decision of disqualification of unemployment due to work connected misconduct. How do I prove my case?

    My employer is accusing me of misconduct. There was a day that I had asked permission to send a text message. I was given that permission. It was to my child to find out her location. My employer was standing there the whole time. When I clocked ...

    William’s Answer

    Tardies, which you bring up indirectly, are covered by RCW§ 50.04.294: "(b) Repeated inexcusable tardiness following warnings by the employer; "
    So for tardies to be "misconduct" there would have had to have been warnings to you, then repeated and inexcusable tardies.
    As to: "How do I prove my case?"" technically you don't, the legal burden is on the employer to show facts that are "misconduct." Usually, this mean intentional violation of a clear rule.
    So respond only to what the employer accuses you of in the hearing and any exhibits, don't branch off on to issues the employer does not bring up.
    It might be worth getting a lawyer on board for the appeal hearing, if the Department denies your benefits.

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  • My friend has a no contact order from the state of WA, he cannot contact me. On the copy the middle name is wrong. is that bad?

    I didn't want there to be a no contact order but the court had one given to him anyways. Even on the public inmate records online his middle name is wrong.

    William’s Answer

    If there is some error or leeway in your not being the subject of a no contact order, then it is up to his attorney to change that through the Court.

    Same with the name being incorrect.

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  • Divorce imminent but not filed - unfaithful husband wants me to co-sign on new home loan. I have no real earning power 3kids

    If he gets $ somewhere else it will my 'community' debt if I am on title or not? Has threatened to be uncooperative with custody and spousal support if I do not sign.

    William’s Answer

    Do not co-sign. Once a marriage is "defunct" debts incurred after that point, usually called separation, are not community. So you need to document that the marriage is defunct if you have not physically separated, to avoid being responsible for debts he incurs from here on out.

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  • Within 5 wks of rec. an exceptional emp. eval. I was put on a 90 day probation and then fired. Is this a wrongful Termination?

    After working for 4 plus years and receiving either a "Very Good" or "Exceptional" rating each year for employee evaluations, with com. raises, I was put on a 90 day probation. Also the threat of termination anytime during or after the 90 days. Th...

    William’s Answer

    Unless you have a written employment contract, or are under a union collective bargaining agreement, or are a tenured government employee, who cannot be fired except "for cause" then no, this is not wrongful termination.

    You do not mention any ulterior motive, such as retaliation for exercise of your legal rights or having made a "whistleblower" complaint, so nothing suggests wrongful termination.

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  • Aside from refinancing or selling, how can my name be removed from a mortgage if it wasnt in the divorce decree?

    My divorce was final two months ago and originally my ex and I had agreed he would refinance under his name after it was final. It is not stated in the decree. He has since refused to move forward on the process and I want to have my name off the ...

    William’s Answer

    You cannot enforce terms that are not in the decree. It may be possible to make a motion to the court to amend the decree, if there is clear evidence you two agreed to that, but it was left out of the decree by accident.
    Even if a decree requires him to refinance, it does not guarantee a lender will give him credit. Usually, when the parties properly address this in the decree it will require that the loan be refinanced within a certain time period, and if not, then it will be sold.
    There is no other way to remove your name other than selling or refinancing. Your remedy, if he defaults on the mortgage, it to get a judgment against him for anything you are forced to pay to save your credit.

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  • Can i appeal a ticket after it's been sent to collections and the judge has already received my letter and made his judgement?

    I got a ticket for no insurance. I did have insurance but could not find my ID card. I was working an 1hr 20m away from my home at the time plus I tend to procrastinate a lot. I mailed my ID card to courthouse 3 weeks later. I never checked up on ...

    William’s Answer

    In theory, a motion to vacate the judgment of committed could be filed and noted for a hearing, or taken to a judge ex parte, but you should have to show a reasonable excuse for why you did not respond on time. You should contact an attorney who regularly handles traffic infractions in the Court this was filed in, the chances would vary from jurisdiction to jurisdiction, someone familiar with that Court could tell you if there is much chance of getting this straightened out.
    As far as mailing something to the Court three weeks later, the citation should have clearly informed you that you had 15 days to respond.

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

    WA State. I received a summons for modification of child support/petition. I'm responding. How do I know when to arrive at court? Do I have to be served the time and date?

    William’s Answer

    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.

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  • Employer wants to take my Sunday observance away?

    I have explained to my employer 3 years ago regarding my observation to have Sunday off because of my religious duties and belief. My schedule does not have Sundays, however, because someone is leaving my employer says that I do not have a choice ...

    William’s Answer

    The employer can probably lawfully fire you for not working on Sunday. By law, he cannot discriminate against someone based on their religion. Unless you can show he is allowing other employees of a different religion their day needed for worship, but not you, because of your specific religion, which would be discriminating between religions.
    But the employer to my knowledge does not have to "accommodate" your day of worship as he would have to accommodate a disability. If anything, the facts suggest your employer did honor your need to have Sunday off, until he was forced to do otherwise by another employee leaving.

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  • My ex is taking me back to court to lower child support again. We have been divorced for 6 years. Can I get alimony?

    My ex takes me back to court every 2 years to get child support lowered. He has abandoned our children and actually had the nerve to put me down as creditor for his bankruptcy that was just discharged. Can I fight back with the threat of asking f...

    William’s Answer

    You cannot get alimony if it was not ordered originally. It could be modified if ordered originally.
    You waived alimony by not asking for it originally, or by not appealing any decree that denied any request for alimony.
    Your efforts are better directed at fighting his attempts to lower child support. His listing you as a creditor in bankruptcy implies there is some kind of property or fee award to you that is unsatisfied. He cannot discharge support obligations in bankruptcy.

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  • Is there a remedy when a reviewing court continues to make rulings off the record?

    If a reviewing court has other cases where it has introduced evidence outside the record on appeal, and makes a decision based on this, and they don't allow any reconsideration motions, what is an immediate source of relief to there ruling, when i...

    William’s Answer

    Then your remedy is to raise that issue on the next level of review. You don't say which court was the "reviewing court". Assuming it was not the State Supreme Court, and your last chance as a practical matter, then you pursue review at the next highest level, and demonstrate the court relied on evidence not of record in your case. This would require reversal of the reviewing court's decision, and or a remand for that court to put that evidence on the record.

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