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Category: Business Law
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Experience:  28 Years In General Practice,
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We received knock-on-the door inspection request from L&I

Customer Question

We received knock-on-the door inspection request from L&I yesterday. We realized and claimed this is fraudulent black mail related. L&I admitted. we claimed, someone former employee accountant engaged crime, lie, damaging accounting work and material. stole company's property. Warned might be fired. who quit job and claimed for unemployment benefits and was denied. we ask L&I to reinvestigate the black mail complaints before deciding for inspection. L&I denied us. L&I insisted on inspection and very harassing.
this is fact. L&I suggest us report crime to 911 but still insisting inspection.
We know this is unfair. but it appeared legal to WA State L&I law.
please offer urgent advice and help. deadline is set tomorrow am. thanks
Fiona
Submitted: 1 year ago.
Category: Business Law
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I do not understand your post.

Kindly review, edit, properly identify the parties and the issues, ask specific questions and resubmit.

Thank you for your cooperation.

Customer: replied 1 year ago.
Thank you Phillips Eaq. This is emergency support inquiry. Need your right away answer as L&I is coming again today at 1 hour later. We had an employee who quitted job. We found her "stole business property information". "stole away business and officer finance confidential accesses". "who is suspected to be a mental disorder people, bi-polar syndrom". But she called in WA State L&I government office. WA L&I demanded right away inspect us regardless from a anonymous black mail only. Is there a way, we can stop this inspection, because it is from someone we know, that has mental disorder problem suspect? We learned her mental disorder after she left the company. We have no way enforce testify. This is from an experienced doctor's diagnosis. thanks . Emergency help needed right away. (###) ###-#### Fiona
Customer: replied 1 year ago.
Additionally, according to below described rule and law, please explain within 10 minutes why that applies to this case. Can we stop L&I and request testify that person for mental problem first ? Thank you! emergency reply needed AND REQUESTED !!!!Workplace safety and disruptive behavior
http://blog.gettinghired.com/Home/tabid/159/entryid/108/when-to-appropriately-fire-an-employee-with-mental-health-challenges.aspx
If an employer suspects that a personal physical and/or mental health challenge is responsible for challenges to workplace safety or exhibits disruptive behavior, the employer has the right to have the employee tested or submit to a medical examination. The medical examination must be concentrated towards job-related, 'business necessity' issues. Under the ADA, it is discriminatory to use selection criteria that screen out or tend to screen out individuals with disabilities. This is enacted to ensure that tests do not act as barriers to the employment of persons with disabilities unless the applicant is unable to perform the essential functions of the job, even with a reasonable accommodation.
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I could respond within your time frame. I was offline when you responded to my information request.

Expert:  Attorney2 replied 1 year ago.

I am a different attorney and wanted to see if you still needed assistance.

Customer: replied 1 year ago.
we do. We need immediate reply however. We want to hear a response from you today, Friday 03/18/2016. thanks !
Expert:  Attorney2 replied 1 year ago.

I don't understand your question enough to provide an answer in 10 minutes.

Need your right away answer as L&I is coming again today at 1 hour later. We had an employee who quitted job. We found her "stole business property information". "stole away business and officer finance confidential accesses". "who is suspected to be a mental disorder people, bi-polar syndrom". But she called in WA State L&I government office. WA L&I demanded right away inspect us regardless from a anonymous black mail only. Is there a way, we can stop this inspection, because it is from someone we know, that has mental disorder problem suspect? We learned her mental disorder after she left the company. We have no way enforce testify. This is from an experienced doctor's diagnosis. thanks . Emergency help needed right away.(###) ###-#### *****

Do you feel that the investigation is based on harassment? If so you want to file an injunction against harassment against those making threats and providing harassing inspections.

Who is the person causing the inspections? The same person threatening you?

Customer: replied 1 year ago.
Thanks for reply. Yes, the L&I investigation is based on lie, harassment, a former employee who is going to be fired due who is suspected to have mental disorder, disqualify worker and criminal stealing. In WA State L&I law, the L&I can knock on the door investigate anyone based on anonymous black mail complaints and defamation. No verification requested from defamation mail requested. All the burden is thrown to whoever defamed for complained for. This becomes a new criminal tendency source as many people want to get unemployment fee and harassment fee without having to work. There is no law protecting employers in WA. Yes, the black mail complaint is from a former employee. My question is very simply, I checked the law, it says, the employer has the right to demand for testifying employee, who challenges business or suspected to be mental problem. Please reply to me. If you are aware this law. Are you a WA State employment lawyer? thanks Fiona
Customer: replied 1 year ago.
What can we do to have L&I dismiss the investigation request based on above descriptions? I demanded the L&I to answer me, if L&I needs to testify a mental problem complaints, because, a mental disorder people can not be used for testify.
Expert:  Attorney2 replied 1 year ago.

Thank you for the clarification. We don't have attorneys licensed in every state on this. Fortunately I have been licensed in more then one State and Federal court and most questions require the ability to research the statutes and case law.

My question is very simply, I checked the law, it says, the employer has the right to demand for testifying employee, who challenges business or suspected to be mental problem. Please reply to me. Where are you seeing this? In the meantime let me check the employment laws for the State.

Expert:  Attorney2 replied 1 year ago.

There is a difference being fit to stand trial and being mentally ill. You can be mentally ill and the determination can be made that you are fit to stand trial or testify.

The legal term of art is "Competency" http://criminal.lawyers.com/criminal-law-basics/competency-to-stand-trial.html

Customer: replied 1 year ago.
http://blog.gettinghired.com/Home/tabid/159/entryid/108/when-to-appropriately-fire-an-employee-with-mental-health-challenges.aspx law in MD seems.
Customer: replied 1 year ago.
Thank you. She is on a medical condition actively (unknown). She behaves irrationally and has criminal conduct against business. She disobeys management of the company and practices for her own pleasure rejects reporting. She lies. She is found disqualified for her job. She causes entire 2 years work disordered, great debts to business. She stole business assets, she breached NDA she signed and breached employment contract she sighed. She has been harassing business since last month she worked, she started to disrupt business. All these do not request stand trial to order testify I believe. After testify is ordered then she is verified stand trial or not. Her behavior is already criminal we have to stop. She sued company around by lying and damaged business to no where for her position. Just read each word I describe they are all accurate. thanks. Let me know again. I appreciate your research for WA law. My question again, can we order her for testify, or stand trial? thanks urgent urgent urgent need answer today.
Expert:  Attorney2 replied 1 year ago.

My question again, can we order her for testify, or stand trial? thanks urgent urgent urgent need answer today.

Yes she can be ordered to if the court determines she is competent. I cannot tell you what they will determine

Thank you for using JA!

Expert:  Attorney2 replied 1 year ago.

You are most Welcome. Thank you for using JA!

My question again, can we order her for testify, or stand trial? thanks urgent urgent urgent need answer today.

Yes she can be ordered to if the court determines she is competent. I cannot tell you what they will determine

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Thank you for using JA!

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