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Ask Legal Counsel Your Own Question
Legal Counsel
Legal Counsel, Lawyer
Category: California Employment Law
Satisfied Customers: 103
Experience:  California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
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Customer Question

I was terminated for a bogus reason. I asked for a skelly hearing but I knew I would lose since the city controlled it. After a few months and the city fought my UI but I prevailed, cause the judge could not find a reason the city fired me. Then I requested Arbitration and was told by the city and its law firm, that if I lose I would have to pay anywhere from 8 - 10 k. So I declined, on the slim chance if I lost, the city could try and take my house. So I hired an attorney who at least found a case law from the California Court of Appeal, Fourth District, Division 2,
FLORIO v. CITY OF ONTARIO. It states that Arbitration is considered one of my constitutional rights and there for not required to pay.

The citys attorney then said take us to court and sue us. So low and behold after many months and no money later, I need to sue the city by myself but I do not know the proper steps to file a writ of mandate and alternate writ...Im so confused.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Legal Counsel replied 4 years ago.

Legal Counsel : Hello. I am reviewing your question and will answer as soon as possible.
Legal Counsel : The court in Florio found that the cost-sharing provisions sought to be enforced by the school district were unconstitutional on their face and that a fired public employee should not be required to pay for the arbitration hearing. It may be that the city attorney is attempting to scare you into not filing an action against the city. I assume you were successful in the UI claim and there is a finding that you were entitled to unemployment. But the unemployment finding is different from a finding under the Education Code as to an employee's fitness. Can you confirm whether you demanded a hearing related to the basis for terminating your employment, as opposed to just the unemployment claim? Was there a hearing before the Commission on Professional Competence? What is the position you held with the city? Has the city challenged a finding as to your UI claim?
JACUSTOMER-2p0a196a- :

I did win my UI and the city did not appeal. I demanded arbitration under our MOU as the final step in our process. I was the Code Enforcement Officer for the City under the Police Department for 10 years. The attorneys keep messing with me cause they knew they would bleed my money dry and they were being paid by the tax payers. The city is now looking at filing bankrupcy.

JACUSTOMER-2p0a196a- :