How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask NonEstateEsq Your Own Question

NonEstateEsq
NonEstateEsq, Attorney
Category: California Employment Law
Satisfied Customers: 5828
Experience:  Licensed Attorney since 2000. Columbia Law School graduate.
16277701
Type Your California Employment Law Question Here...
NonEstateEsq is online now
A new question is answered every 9 seconds

I think I asked this question before but did not get a response. The

Resolved Question:

I think I asked this question before but did not get a response.
The basic question was about the CA statue of limitations for employment-relayed claims. I have been a Stanford University employee for 7 years when I was in my 30s.
Stanford regulations required my immediate employer (thus a faculty member) to provide benefits such as making contributions to the Stanford Pension plan. Stanford did not enforce its own regulations. For my first 30 months, this faculty member ignored these regulations and did pay neither the mandatory minimum wage nor did he make pension plan contributions.
The present value of the money that did not end up in my pension fund is about $150,000
My former employer is still alive. Would it be possible to recover the $150,000 from him or from Stanford University.
FYI the money/benefits not paid would have come out of a US Government research grant.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  NonEstateEsq replied 3 years ago.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

When did these alleged violations take place?
Customer: replied 3 years ago.
The information about my Stanford employment is
Jan 1, 1977 - Dec 31.1983
Please, note: after having been exploited as cheap labor for 3.5 years my immedate supervisor started conforming to Stanford rules. The present value of my money in the Stanford retirement plan is about $120.000.
That is because he made mandatory pension contributions for the next 3.5 years.
Expert:  NonEstateEsq replied 3 years ago.
To clarify, you did not file any complaints in regards XXXXX XXXXX in the past 28 years?
Customer: replied 3 years ago.
No. The main reason was that my former supervisor is a powerful and wealthy man. I would have been blackballed if I had taken legal action against him.
At one time I even feared for my life.
I once asked the SF Bar Association for help but they refused to recommend one of their members. This might have been 20 years ago.
Expert:  NonEstateEsq replied 3 years ago.
The statute of limitations for breach of contract has unfortunately long passed. The SOL is 4 years for a written breach of contract claim.


Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 3 years ago.
Does this "breach of contract" apply to my former supervisor, the Stanford Chemistry Department and the Stanford Benefits Office? All of them?
Expert:  NonEstateEsq replied 3 years ago.
It would apply to whomever you had the contract with. I assume that it was your employer who was supposed to make the contributions and not your supervisor since it would be an odd and unusual arrangement to have an employee pay the pension of another employee.


Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 3 years ago.
My employer was my supervisor. He put me on the Stanford payroll and was required to abide by Stanford regulations. He failed to do so.
I noticed that you have been in the legal business for many years.
Did you ever see a research proposal approved by and funded by, say, the NSF (national science foundation)?
When you apply for a research grant, the application package includes a reseach proposal, a cost estimate and an explanation for the way the grant money will be spent if the application is approved.
Thus my salary was in applicable approved research grant proposals. Would it make sense to get copies of these proposals? You see what I am getting at? Thus if he budgetted me for $30,000/yr + benefits and actually paid me $10,00/yr without benefits, he committed fraud.
Expert:  NonEstateEsq replied 3 years ago.
You appear to now be talking about something different than pension contributions. However, unfortunately, the statute of limitations would have long expired for a wage claim as well since it has been over 23 years.


Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 3 years ago.
One final question.
Fraudulent use of federal grant money would be a federal crime.
What is the federal statue of limitations for this kind of fraud?
Expert:  NonEstateEsq replied 3 years ago.
The SOL would be 5 years. 7 years if it involves a grant of over 1 million dollars.


Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
NonEstateEsq, Attorney
Satisfied Customers: 5828
Experience: Licensed Attorney since 2000. Columbia Law School graduate.
NonEstateEsq and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.