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 socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34358
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I have a judgement against my corp/me for unpaid wages to a

Resolved Question:

I have a judgement against my corp/me for unpaid wages to a physician who worked in my office for 7 months. We had a 3 way employment contract with the hospital whereby the expenses to employ him would be partially paid by hospital loan funds that had to be paid back. The contract was a four year contract. Total I am in to the hospital for is $96,000. The hospital Admin calls on a Thursday to tell me my employee wants to leave due to unpaid wages. I set up a meeting on Monday with the Admin. while the doctor works in the office. While he is working he has a seizure, gets carted out of the office to the hospital, treated in the E.D and released, then drives his car home from the office. I catch him as he is leaving the parking lot and ask him if he is ok. He tells me it is time for him to "come clean" and I tell him to go home and rest, I would cover his patients for the next day and we can meet on Wednesday. On Wednesday, he tells me that he has a brain tumor that is "stable" for 12 years and that he is OK as long as he takes his Keppra. Also we make arrangements for how we are going to adjust the business plan, increase billings and get out of the hole we are in to him ($32k) and the hospital. Within a couple of days of that he left town.
He marched down to the labor board, and at a hearing got a judgement for $180k [full salary and un-earned bonuses]. I was at the hearing but did not bring a lawyer. Leaving the hearing, I thought for sure we had won because he breached the contract and left town with me holding the bag to the hospital. The judgement arrived in the mail later.
After several unsucessful months trying to climb out of the hole, pouring personal money in to cover the payroll I filed personal bankruptcy, closed the office and then filed corporate bankruptcy.

After some investigation I learned a couple of things. 1. He was released from his first residency in Emergency Medicine after assaulting a co-worker and then went to a Family Practice residency, [he claimed on his malpractice insurance attestataion that the residency change was for academic reasons.]. 2. There were several patients who we lost due to his "erratic behavior" in the office. 3. That Keppra can cause erratic behavior. 4. His tumor is in his temporal lobe. The temporal lobe does not control movement and sensation but our demeanor, understanding, behavior and memory etc. 5. That he was looking for office property back in San Diego months before this happened meaning he intended to leave months before. I surmised it was because his significant other was unsucessful in getting custody of her kids as planned and therefore was unable to move to our area. 6. The ED doctors at the hospital never reported his seizure to the DMV. 7. Nobody has reported any of this to the California medical board.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Hello,

Thanks for your detailed information.

What question about California Employment Law can I "justanswer" for you?
Customer: replied 2 years ago.
Can the judgement be discharged in Chapt 7 bankruptcy?
Expert:  socrateaser replied 2 years ago.
The judgment is dischargeable in Chapter 7, as long as you file your bankruptcy petition within 90 days of the date of entry of the judgment in Superior Court.

Note: There may be some penalty amounts added to your judgment (e.g., waiting time penalty) The penalties are not dischargeable.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

Customer: replied 2 years ago.
This is a reward by the labor commissioner. I don't see anything about Superior Court on the documents. Are they dischargeable?
Expert:  socrateaser replied 2 years ago.
The losing party in a Labor Commissioner hearing has 10 days to file an appeal in the Superior Court. After expiration of the appeal time limit, the Labor Commissioner must file a certified copy of the award with the Superior Court within 10 days. Labor Code § 98.2(e).

So, in fact the award is a judgment of the Superior Court which is dischargeable in bankruptcy.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser, Lawyer
Satisfied Customers: 34358
Experience: Retired (mostly)
socrateaser 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:

    869
    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:

    332
    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:

    3602
    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.