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William D. Edelblute

William Edelblute’s Answers

153 total

  • Appealing an order from District to the Superior Court.

    When appealing an order from the district court to the superior do you have to follow RAP such as RAP 10.3?

    William’s Answer

    The RAPs do not apply. The rules that apply when appealing from District to Superior are the Rules for Appeal from Court of Limited Jurisdiction. (RALJ)

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  • Should I allow a PUD easement across the back of my property?

    I live in Kennewick, WA, Benton County. Any reason why I should not allow the PUD to put an easement across the back of my property? Currently 1 1/2 acres are in cherries and butts up against the KID ditch. Residence in on the front of the pro...

    William’s Answer

    A lawyer would need to know if the PUD has offered you fair compensation. Another question is: what is the exact purpose of the easement, what will the PUD do on your property? The easement is the right for them to make a certain use of your land, it is not the use itself.
    You need to see the legal language that would be put into the deed granting an easement, before agreeing, to know the exact "scope" of the easement
    Other landowners who have granted such an easement should be contacted to see how it worked out for them.
    The PUD may have the power to assert eminent domain and impose the easement without your consent, that is something to be reviewed by a lawyer.

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

    My friend is serving a 180 days for breaking a jail phone. On a video which the Prosecutor had in his possession it shows this never happened. During trial he dismissed his CAA. Here's one example: Motion to Dismiss Lack of Reasonable Suspici...

    William’s Answer

    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.

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  • What if you we're fired in Washington state after working for a company for 25 years?

    The new manager came to our location as his first time as a manager for the company. After roughly running the store for about 1 yr. he hired another bookkeeper even though our sales were not enough to need to hire. Then we got a new computer syst...

    William’s Answer

    You should file a complaint with the federal Equal Employment Opportunity Commission as well as the State Human Rights Commission, to investigate age discrimination.
    As to the alleged complaints, if it does appear there is discrimination, the employer would have to show the complaints were the true reason for your termination.
    You have a statutory right to inspect your personnel file, so make the request to review or have copies of your personnel file to them in writing, if they don't provide it within 10 days they are breaking the law.

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

    My husband decided he wanted a divorce, he kicked me and the kids out but now he is offering the home back to us and he said he will move out. He is physically and verbally abusive. Can i put a restraining order on him, if the marital home is in h...

    William’s Answer

    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 restraining order as part of filing for dissolution, or file a Petition for an Order of Protection which is separate from a dissolution action.
    If he is "physically abusive" or making threats of bodily harm, those are crimes that should be reported immediately to law enforcement.

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  • I had an attorney from here who caused me to miss my deadline to sue my former employer. what recourse do I have

    He recieved the right to sue letter on my behalf. He neglected to file suit in court as the 90 day rule dictates. He told me I have a year to file suit. Have I completely lost out on the right to sue or is there another alternative? What d...

    William’s Answer

    You may still have time under the Statute of Limitations for certain claims under Washington State law. You would need to pursue those claims to preserve any claim you have lost out under federal law, as you need to "mitigate" damages from any fault of the existing attorney.

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  • My daughter turned 18 August 11, 2013. Her father filed for post-secondary support August 9, 2013

    Washington State - After talking to her father he agreed to drop the request for post-secondary support. The original filing on August 9 and the subsequent court date were then cancelled. He has filed for post-secondary support again O...

    William’s Answer

    • Selected as best answer

    When does (did) she graduate from high school. If she has, then it is too late for him to file for post-secondary support.

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  • How to gain leverage with severance counter & avoid extortion implications under unusual termination circumstances?

    Long time employee unfairly treated with some potential claims arising from "being targeted" and possible retaliation under FMLA related leave protections. I have potential claims if I were to pursue them and bring in legal counsel. Also, I am a...

    William’s Answer

    Presumably the severance agreement you are being asked to sign says you waive any legal claims, such as FMLA retaliation or denial. If you want higher severance because you have such claims and need compensation to waive them, then that is what a written counter off should say.
    Having knowledge of illegal conduct there does not help you, as you did not say that you reported it and are being retaliated against for that.
    If you are suggesting you will inform on the employer for illegal conduct unless paid more, no ethical attorney would take part in demanding money to not go to authorities, as that constitutes extortion, which is a crime.

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  • Is day surgery covered under the Family Care Act in WA state?

    My husband is having surgery and won't be able to care for our child that day. Does my company have to allow me time off to care for my daughter?

    William’s Answer

    The question in your headline has a different answer than the one posed in the body of your post.
    Day surgery would be covered. But your right to use sick leave to care for another requires that person you care for has a serious health condition.
    I am not aware of any law allowing you to, instead of caring for the sick relative, step into their shoes as caretaker of another, well, relative.

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  • What are my options if my former employer is making accusation against me to current employees that are not true?

    I was fired without cause, which is legal in Washington state. My concern is what my former employer is saying to other employees about my performance when I was employed there. Do I have any legal recourse? Can I get them to stop?

    William’s Answer

    Ms. Young's answer pretty much covers it. A main concern is, what are your losses from this, there may be no monetary loss. And if what he is saying is "opinion" that is not defamation. You have not said that he is falsely saying you stole money, or committed some other crime which would entitled you to nominal damages without proof of actual loss.

    If your employer was maliciously making false statements of fact to potential new employers to cause you to not get new employment, then that might be worth pursuing. In this situation, you should probably let it go, or have a lawyer write a one-time warning letter.

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