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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33499
Experience:  Retired (mostly)
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I have worked for my employer for more than 10 years. I went

Customer Question

I have worked for my employer for more than 10 years. I went out on short term disability (SDI) for 6 to 8 weeks due to surgery on my right foot. During that time I was diagnosed with severe Rheumatoid Arthritis. My rheumatologist extended my SDI for another 3 months to allow my body to adjust to low dose chemotherapy. 2 months before my expected return to work, I spoke with my supervisor who explained how my lengthy absence was having grave effects on the business and my co-workers. I was already supporting him and my co-workers as best as I could by doing volunteer work from home. Although I did not truly feel up to it, I came to the office and worked voluntarily for 2 weeks. My supervisor did not ask me to do so. I did it out of loyalty to my employer and coworkers, because I felt bad about how my condition was impacting them. The day that I voluntarily returned, I submitted a letter to both of my supervisors stating that I had a follow-up appointment with a new rheumatologist in two and a half weeks. I also posted the appointment to an attendance calendar we maintained for everyone's reference. My original rheumatologist had resigned and I had been assigned a new one. This appointment would be my first physical examination since starting the chemotherapy. It hoped my doctor would officially release me back to work for temporary light duty. The night before my doctor appointment, I received a phone call at 10:30pm from one of my supervisors. She acted like she was hearing about my appointment for the first time. They needed me to work the entire day due to a potential staffing issue. Our operating hours are 9am-6pm, my appointment time was 4:30pm and I planned to leave work 3 hours early. During the call, she accused me of taking the day off to see my doctor at the last minute. This was incorrect, but when I tried to correct her, she told me to be quiet. She continued to yell. I again tried to explain that I had arranged the appointment weeks ago and had notified her in writing. She asked why she and my immediate supervisor didn't seem to know anything about the letter. Since I placed the letter directly into their hands, I did not have an answer for this. She started to yell again, but I cut her off, saying that I was the one who was diagnosed with RA, that doctors don't prescribe chemo to just anyone and that I was working for them on volunteer basis while on short term disability. She interrupted me and I lost my cool by quitting immediately without notice. I am not proud of this. My supervisors were traveling on business at the time. Upon their return four days later, I immediately tried to contact my immediate supervisor. I did not speak to him directly, but he indicated that we would discuss the situation the following week. I did not hear from him by Wednesday, so I sent him an e-mail. In the email, I communicated my desire to withdraw my resignation. The comments I had made were said under duress and in the heat of the moment and it was never my intent to quit. Having shown them loyalty for the past 10 years and the fact that I had never behaved like this in the past, I hoped that we could work things out. I still did not hear from him. I called him that following Friday and he answered the phone. I wanted to talk about the phone call I received from my other supervisor and how I felt it was inappropriate, but he refused to discuss it. We did not resolve anything in that phone call and he said we would continue the discussion the following week. I did not hear from him that next week, although I tried to reach him by phone. I was only able to leave messages for him that he did not return. At the end of that third week, I picked up my personal belongings. I finished out my short term disability and applied for unemployment insurance benefits. A few days later I received a check in the mail apparently intended to be my final paycheck for the two weeks I had volunteered. Evidently, he completed my timecard without consulting me and the result was inaccurate. Since I had collected short term disability benefits at the time and we had agreed my time there was voluntary, I voided the check and sent it back to him. In the meantime, my UI claim was denied because I had “voluntarily quit”. I would like to write a letter of appeal, but am seeking legal assistance, which I am willing to pay for. I have reached out to three attorneys so far, all of whom declined to take my case. One of them stated that there is not enough money in it for any attorney to be interested. I can’t believe that it’s acceptable for my supervisor to make a harassing phone call to me at 10:30 at night, causing me to quit under duress after being a loyal employee for 10 years, then be denied UI benefits and not be able to obtain legal assistance with the appeal process. I am writing you now to ask how I should proceed. What do you advise?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

An employment relationship is fundamentally a contract between employer and employee that can be terminated by either party at any time for any reason or for no reason at all. Labor Code 2922. Your allegations suggest that you terminated the agreement, but that it was not your intent to do so, and that you attempted to immediately withdraw your purported resignation, but were met with stall tactics from your employer. The core issue for the court is: Was your resignation intended at the time it was made? If yes, then it is valid and the employer is entitled to accept it immediately, at which point you would have no right to unemployment benefits. If no, and a reasonable person in the shoes of the employer would have known that your resignation was not intended, and that you were merely responding to the employer's hostility towards your illness and surrounding needs.

You will have to convince the unemployment insurance administrative law judge that your actions were unintended and that the employer "jumped" onto the resignation as a mistake that the employer knew you had made. If you can do this, then under well-established principles of contract law, the judge must rescind the resignation -- and that means you were terminated by your employer, due to its subsequent stall tactics -- which further means you are entitled to unemployment benefits.

That's how I would argue the case were I representing you.

Hope this helps.

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Customer: replied 1 year ago.

Thank you for your reply,Customer The information I sent you is an abridged version of the original I intended to send. Is it best to present myself to the judge as I presented myself to you or is it a "less is more" situation? Also, during the UI interview, the interviewer made a point of lecturing me about volunteering my time while claiming a disability. She would not listen to my reasons and I was unable to explain that I was placed on disability to allow my body time to adjust to the chemo as well as allow the medications to begin working, not necessarily because I was unable to work. The chemo makes me very sick for a couple of days every week, even now that I have been taking the medications for more than 3 months. However, my symptoms are now significantly improved and I WANT to return to work. She went on to say that I would be expected to pay these funds back to the EDD. Are you able to comment on this?

Expert:  socrateaser replied 1 year ago.
The information I sent you is an abridged version of the original I intended to send. Is it best to present myself to the judge as I presented myself to you or is it a "less is more" situation?

A: The administrative law judge (ALJ) hears nothing but unemployment cases. And, the rules for the hearings are the closest thing to a "Judge Judy" type of proceeding that exists in any California legal process. The judge has heard every possible story 100 times. So, if you want to be convincing, then you need to be short and sweet and try to nail down the elements that I've suggested, so that the judge knows exactly what happened. You have to convince the judge that your resignation was just a knee-jerk reaction to the supervisor's constant disregard for your requests, and that the employer jumped the chance to get rid of you as soon as the words came out of your mouth, rather than realizing that it was "just words said in the momemt," without any substance.

Also, during the UI interview, the interviewer made a point of lecturing me about volunteering my time while claiming a disability. She would not listen to my reasons and I was unable to explain that I was placed on disability to allow my body time to adjust to the chemo as well as allow the medications to begin working, not necessarily because I was unable to work. The chemo makes me very sick for a couple of days every week, even now that I have been taking the medications for more than 3 months. However, my symptoms are now significantly improved and I WANT to return to work. She went on to say that I would be expected to pay these funds back to the EDD. Are you able to comment on this?

A: An employer cannot permit an employee to volunteer. If this were lawful, then employers could avoid the overtime laws by having their employees "volunteer" to work more than 40 hours (or more than 8 hours per day, six days per week, etc.). You have a claim for back wages for all of your volunteer time. You also have a corresponding obligation to repay the disability benefits -- so, don't be surprised if EDD sends you notice of a separate hearing on the SDI benefits.

To file a wage claim for the illegal volunteer time, see this link.

Hope this helps.

Customer: replied 1 year ago.

Thank you again for the useful and informative feedback. I received the letter of denial today and will compose my appeal letter within the next few days. Is it possible for me to send the letter to you for your review, either through this forum or directly, and to solicit your feedback before I mail it? Also, since I voided the check and returned it to my employer, explaining that the support I gave them was understood to be voluntary, is it appropriate for me to request they reissue it? Is it possible that EDD will not pursue the obligation, once it's noted that I returned the check and my employer reports the reversal of taxes, etc.?

Expert:  socrateaser replied 1 year ago.
You can cut and paste the text of your letter here, or upload a .pdf file to www.mediafire.com and provide me with a link to the file.

Re the cancelled check, you can request a reissuance of the check based upon your misunderstanding of the law. If the employer refuses to reissue, then file a wage claim.

Hope this helps.

Customer: replied 1 year ago.

Thank you again for your valuable input. I really appreciate it. There may be a light at the end of the tunnel, afterall. I am grateful that you are a "Just Answer" member. Have a wonderful weekend! If you're any where near northern California, the weather promises to be nice.


Thanks again,


Kenda

Expert:  socrateaser replied 1 year ago.
I'm flattered. I hope things work out favorably for you.

socrateaser, Lawyer
Satisfied Customers: 33499
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

HelloCustomer


Please find my first attempt at a letter of appeal below. I suspect it is too detailed and too long. Also, I did not make reference to the fact that I voluntarily worked without pay while out on short term disability for the two weeks prior to receiving that fated phone call. I also did not mention that I received an unexpected paycheck from my employer for this time or that I voided and returned it. Mentioning this would allow me to further demonstrate my loyalty to the company, but it would also make the letter even longer. I am concerned with the potential implications by ommitting this information. Would you please provide opinion on this? Thank you for your time. ~ Kenda


 


Letter of appeal:


 


I am writing to appeal the refusal of my unemployment benefits. I disagree with the Department’s decision, dated 10/30/12, because I submitted my immediate resignation under duress. The comments I made to my employer were made in the heat of the moment and it was not my intent to terminate our employment relationship. Furthermore, my efforts to withdraw my resignation were met with stall tactics from my employer. Please consider the following details.


 


I have been employed by Drapinski TV in the capacity of Operations Manager for more than 10 years. My immediate supervisor was Ron Drapinski Jr., however I also reported to Sherry Drapinski with respect to bookkeeping matters.


 


On 08/09/12 I submitted a letter to Ron and Sherry to notify them of some pending medical appointments, specifically a doctor appointment scheduled for 4:30pm on 08/27/12. Additionally, I noted the appointments on our attendance calendar per company policy. While I was at home, I received a late night phone call from Sherry Drapinski at 10:25pm on 08/26/12. According to my Caller ID, the call was made from Ron Drapinski Jr.’s cellular phone, so it was his voice I anticipated hearing. When I answered the phone, Sherry shouted, “What’s this I hear that you are trying to take the day off [tomorrow], so you can make an appointment with your doctor?” I started to explain to her that I had made the appointment nearly three weeks prior and that I did not need the entire day off. Before I could finish speaking, she cut me off, still yelling, told me to be quite and that I would listen to her. She went on to explain, in a raised voice, why my absence would present a staffing problem. When I attempted to remind her about the letter I gave to her and Ron more than two weeks earlier, she said, “How come Ron and I don’t seem to know anything about this letter?” She continued to yell. I was completely blindsided by the nature of this phone call and my emotions ran out of control. As a result, I told her I quit. This was not my intent and I am not proud of my reaction.


 


Sherry and Ron were on a business trip in Las Vegas, NV at the time of the call and were scheduled to return that following Thursday, 08/30/12. I thought it would be best to address the matter with Ron once he returned from his trip. At 8:26am on 08/30/12, I sent him a text message expressing my hope that he would be open to working things out. He did not reply. I also called him at 4:40pm that same day, but he was unavailable. I tried to call him again at 11:29am the next morning (08/31/12) and Sherry Drapinski answered the phone. She placed me on hold to speak with Ron, then came back to line and explained that although Ron was too busy to talk with me at that time, he would call me the following Tuesday (09/04/12) to discuss the situation. I tried to talk with Sherry about her phone call, but she made it clear that she did not want to discuss it.


I did not hear from Ron on 09/04/12, so I sent him an e-mail on 09/05/12. In the email, I respectfully XXXXX XXXXX desire to withdraw my resignation, explaining that the comments I had made to Sherry were said under duress and that it was never my intention to resign my position. I also expressed an interest to meet with him in person the next day. Ron did not respond to the e-mail, so I tried again to call him at 4:48pm on 09/06/12. He was unavailable, so I left a message. I still did not hear from him, so I called again at 12:35pm on 09/07/12 and he answered the phone. It is my belief that I never would have resigned my position had I not received that phone call from Sherry Drapinski. I wanted to talk to him about the phone call, but he refused to discuss it. Our discussion did not go smoothly and it ended in him becoming too angry to continue. I will provide the details of our discussion at your request. Before Ron ended the call, he said we would continue our discussion the following week.


 


By 09/12/12, I had not heard from Ron, so I called him again at 5:52pm. He was in a meeting and was unavailable, so I left a message. He again did not return my call. I came to the conclusion that his continued stalling was his way to communicate his lack of desire to work things out or accept my withdrawal of resignation. As a result, I made arrangements with a co-worker to collect my personal belongings. My coworker rounded up my things and I later learned that Ron assisted her. When I arrived to pick up my things, neither Ron nor Sherry was present.


 


I continued to support Drapinski TV from home until 09/21/12, by monitoring various account activities and sending important information and documents to Sherry via email. I did so out of a continued sense of loyalty and because I truly believed we could work out our differences.


 


Please take this information into consideration and allow me to appeal the denial of my unemployment benefits.


 

Expert:  socrateaser replied 1 year ago.

EDD must permit the hearing. It's not optional, and it does not matter what your stated reason for your appeal may be. By providing your reasoning in writing before the hearing, you are giving the employer an opportunity to "craft" a rebuttal story that may defeat your facts. Were I in your shoes, I would file the appeal form (DE1000), with as little information as possible.

The form shows a space where you write your reason for disagreeing with the EDD decision. You could write something like (EXAMPLE):

  • In the midst of a heated conversation with my supervisor, I offered to resign. My supervisor "jumped" on my offer, knowing that it was not genuine, but seizing the opportunity to take unfair advantage of the circumstances. When I tried to return to work, my supervisor, and everyone else with authority to reinstate my employment, ignored me entirely.

 

 

The legal interpretation of the above:

 

1. You had an employment agreement/contract.

2. You offered to resign/terminate the relationship under circumstance where the employer knew the offer was not genuine.

3. The employer jumped on your offer, before you could retract.

4. The employer ignored your subsequent attempts to return to work, which in effect was an involuntary termination by the employer -- not a voluntary quit on your part.

 

That's the "argument" that you would make to the judge, and it's how you must testify so that your testimonial evidence fits within the scope of the legal argument. If the judge accepts your testimony as true, then he/she must grant UI benefits, because you were fired through no fault of your own.

 

Good luck.

Customer: replied 1 year ago.

Hello Socratease. I received your response Saturday morning as I was heading out of town. I tried to reply from the road, but my Smart Phone and 4G service wouldn't cooperate.

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I understand the points you made loud and clear. Thank you for giving me another perspective. After working so closely and so long with the family members who run this business and although more than 2 months have passed since the incident occurred, I still fight the tendency to have an emotional response. I wish I could achieve a certain level of impartiality.


 


Regarding your appeal suggestion above, I never physically tried to return to work, but I did repeatedly try to communicate my desire to do so. Although I made numerous attempts to reach out, I was ignored most of the time, but not entirely. Moreover, my supervisor strung me along for more than 2 weeks with his continual delays and left me "hanging", wondering if I still had a job or not; something that will likely come to light during the hearing. I tailored your paragraph in a manner that I am more comfortable with. What do you think of this:


 


"In the midst of a heated conversation with one of my supervisors, I offered to resign. I communicated my desire to withdraw my resignation and return to work, but my supervisor seemed to “jump” at the opportunity to take unfair advantage of the circumstances, even though he knew my offer was not genuine. My continued efforts to demonstrate and communicate my willingness to reinstate my employment were repeatedly ignored."


 


Thank you,


Kenda


 


 

Expert:  socrateaser replied 1 year ago.
Looks good to me!

Good luck (or "break a leg" as they say in the entertainment biz).
Customer: replied 1 year ago.

I have spoken to a few people who have been through the appeal process. It sounds like the hearing is frequently facilitated over the phone, although some cases were handled at a hearing facility. I have no idea how mine will be handled. If I have any additional questions regarding the actual hearing, I may drop you a line. In either case, I'll late you know how it goes.


 



Thank you again for all of the great information, feedback and encouragment. I sent you a $40 tip. I wish I could afford to send more. You have my genuine and sincere gratitude! : )


 


Best Regards,


Kenda


 

Expert:  socrateaser replied 1 year ago.
You're welcome again. And, thans for the tip!

Note: You may want to purchase a subscription plan to mitigate your costs, if you think you will have a lot of new questions.
Customer: replied 1 year ago.

Hi Socrateaser,


My UI Appeal hearing is scheduled on 12/12/12. If you could take a moment to reread my original message to you, I have a questions regarding witnesses and evidence.



Regarding the late night phone call I received from my supervisor, I placed the call on speakerphone so my husband could listen. He heard the last half of the call. He is my only witness to the call. Is it acceptable to bring him as a witness, considering our personal relationship? My supervisor had hired a woman through a temp agency (Renee), with the intent to hire her permanently as the new bookkeeper in the future. She resigned approx 4 months later, about two weeks before the phone call incident, due to the unprofessionalism, hostility and harassment she observed. She actually sited these reasons wanting to leave to her supervisor at the temp agency. She also worked side-by-side with me for more than a month, as well as during the time I voluteered my services while covered under SDI. As a result, she witnessed the physical limitations caused by my RA symptoms. For example, she had do quite a bit of handwriting for me and had to open boxes for me, because my hands were so inflamed that I could not handle a pen or a box knife. She was also aware that I was taking prescription pain killers throughout my shifts, just to manage the pain so I could work. Renee has offered to appear as a witness, however since she did not witness the phone call, is she a valuable witness. Another witness (Joe) stepped forward who hasn't worked for my employer for more than 7 years. He worked there for a year and also resigned due to the unprofessionalism and harassment he observed. Joe has since become a close friend. While I appreciate his support, is his testimony relevant? Finally, Rob (another employee who was fired blatantly in the presence of Renee and other coworkers) has offered to testify, but he was not a witness to anything I experienced, nor did I witness his firing. Rob also had a hearing scheduled for his unemployment benefits, but my supervisor dropped the charges, so the hearing was canceled and his claim was approved. Should I include any of these four individuals as witnesses?



Regarding evidence, I have detailed notes, phone logs, e-mails, letters and text messages regarding the events that lead up to the phone call incident (including that I volunteered while covered under SDI), as well as details of the events that ocurred after the phone call. How do I decide what is helpful to my case and what is superfluous and potentially damaging?



Thank you in advance for your feedback.



Best Regards,


Kenda

Expert:  socrateaser replied 1 year ago.
Regarding the late night phone call I received from my supervisor, I placed the call on speakerphone so my husband could listen. He heard the last half of the call. He is my only witness to the call. Is it acceptable to bring him as a witness, considering our personal relationship?

A: Unless you notified the other party to the call that he/she was being overheard by a witness, then you may have committed a crime (Penal Code 632: one year jail -- $10,000 fine). So, it doesn't really matter whether or not your witness is acceptable, because you probably can't use him.

My supervisor had hired a woman through a temp agency (Renee), with the intent to hire her permanently as the new bookkeeper in the future. She resigned approx 4 months later, about two weeks before the phone call incident, due to the unprofessionalism, hostility and harassment she observed. She actually sited these reasons wanting to leave to her supervisor at the temp agency. She also worked side-by-side with me for more than a month, as well as during the time I voluteered my services while covered under SDI. As a result, she witnessed the physical limitations caused by my RA symptoms. For example, she had do quite a bit of handwriting for me and had to open boxes for me, because my hands were so inflamed that I could not handle a pen or a box knife. She was also aware that I was taking prescription pain killers throughout my shifts, just to manage the pain so I could work. Renee has offered to appear as a witness, however since she did not witness the phone call, is she a valuable witness. Another witness (Joe) stepped forward who hasn't worked for my employer for more than 7 years. He worked there for a year and also resigned due to the unprofessionalism and harassment he observed. Joe has since become a close friend. While I appreciate his support, is his testimony relevant? Finally, Rob (another employee who was fired blatantly in the presence of Renee and other coworkers) has offered to testify, but he was not a witness to anything I experienced, nor did I witness his firing. Rob also had a hearing scheduled for his unemployment benefits, but my supervisor dropped the charges, so the hearing was canceled and his claim was approved. Should I include any of these four individuals as witnesses?


A: If you're arguing that good cause for your voluntary quit is because the employer engages in routine harassment of employees that no reasonable person would tolerate, then your witnesses may be useful (however, a witness' testimony that is not relevant in time, place and occurrence, can be ruled inadmissible -- seven years is a long time, but it could be used to show "habit," i.e., the employer engages in intolerable conduct reflexively).

Regarding evidence, I have detailed notes, phone logs, e-mails, letters and text messages regarding the events that lead up to the phone call incident (including that I volunteered while covered under SDI), as well as details of the events that ocurred after the phone call. How do I decide what is helpful to my case and what is superfluous and potentially damaging?

A: You have to decide what you're trying to prove and then think about whether an objective person with no stake in the controversy would view your evidence as relevant to proving your claim. The good news is that in an unemployment insurance benefit hearing, practically any evidence is admissible. The judge is not constrained by any of the formal evidence rules.

However, as a general rule, the judge will not admit evidence that is entirely uncorroborated. Someone must testify to knowing something about how the evidence was originally obtained, so that evidence can't simply be manufacturered and admitted into the record.

Hope this helps.
Customer: replied 1 year ago.

Hello Socrateaser. Happy New Year! I hope you remember me. I wanted to let you know how the appeal went. I ended up hiring an attorney from uchelpcenter.com to represent me in the hearing. The hearing was a miserable experience for me. I anticipated that my employer would not "play fair" and that is exactly what he did. I won't go into the sordid details, but I will say that the ALJ seemed to give him a free pass on many things, such as he arrived late for the hearing and she waited for him, his behavior was unprofessional and childish (a lot of outbursts, profanity and the inappropriate use of the word "retard") and she did not have him removed, and finally, he did not have copies of the items he wanted to admit into evidence, so the Judge made the copies for him. I took this all as a bad sign. Ultimately, the Judge upheld the original decision and my claim was again denied. There were many false statements that my former employer made that she incorporated into her final judgement, even though I testifed otherwise. His word against mine and she clearly felt his testimony was more credible. We are in process with the second appeal now. There were multiple documents that I wanted to admit into evidence during the hearing that my attorney did not use, because it did not fit his strategy. I had hoped to submit them during the second appeal, but he explained to me that the board is unlikely to accept them, so he won't submit them now. I am very disappointed to hear this, because I believe the documents I have refute several accusations my former supervisor made during the hearing. My attorney has the audio from the hearing and is going to upload it to Dropbox so I can listen to it again. Anyway, I wanted to thank you for all of your original input, even though I wound up hiring representation. Regardless of the outcome and as horrible as this experience was for me, I would have felt worse about it if I had not tried. If you are interested in reading the Judge's decision or listening to the audio (assuming that's an acceptable practice), please let me know. ~ Kenda

Expert:  socrateaser replied 1 year ago.
Hello,

If you can send the audio in an MP3 or .wav file, I can listen to it -- though a transcript would be preferrable. Regardless, there's probably not much that I could add to the mix. Unemployment ALJ rules permit the judge authority to admit practically any evidence, no matter how untrustworthy. Usually, the ALJ will not admit hearsay evidence where the proponent has no personal knowledge of the hearsay declarant's out-of-court statements (i.e., if A has heard B say something, that is admissible -- but, if A has heard what B said from C, who heard B, that's inadmissible). Other than that, everything comes into evidence -- and it makes things pretty much a "crap shoot" as to what the ALJ decides to believe.

To me, the facts would either support your resignation as said in the heat of the moment, and not to be taken seriously by your employer, who ought not to gain an advantage by "jumping" at a non-bona-fide offer -- or, the facts would not.

A lot depends on the ALJ's predispositions. Whether or not the CUIAB will view the record in the same manner is, also, subject to considerable discretion. I doubt that I would fall on some epiphany which would win your case. But, if you provide the audio or a transcipt, I'll listen to it and tell you what I think.

Hope this helps.
Customer: replied 1 year ago.

My attorney said he would upload it to dropbox, but hasn't done so yet. As soon as he does, I will reach out to you. The audio was sent to him in the form of a CD and I was not provided a copy. They did not send a transcript. My former supervisor claimed he was not aware that I was volunteering my time when I came back to work and volunteered my time for those 2.5 weeks. He absolutely knew and agreed to it before I came back. He couldn't explain why I did not receive a paycheck in a timely manner along with the rest of the staff. If you recall, he sent me a check for that time without warning about a month and a half later. When my attorney asked him why he took so long to generate the check, he said that I abandoned my job, thereby causing a staffing issue that prevented him from generating it any sooner. Oddly enough, all of the remaining staff received their paychecks in a timely manner during that entire time frame. If he was unable to generate my check, he would have been unable to generate anyone's for the same reason. You may remember that I voided that check and returned it to him immediately. To this day, he has never reversed that check, causing my W2 to be overstated and making it look like I collected wages from them while also collecting short term disability. This is causing a delay in filing my taxes, which may cause me to lose my window of opportunity on some grants I wanted to apply for. I recently received one grant that will cover half my tuition costs to attend the Paralegal Program at a local Calif University, but this issue with my incorrect W2 is holding up the process. I sent written request over a week ago asking that they make the necessary corrections and revise my W2 within 10 business days. They have yet to do so. I will send them one more letter on Monday, this time certified, as well as call the IRS. I don't know what else to do if they refuse to correct my W2.

Expert:  socrateaser replied 1 year ago.
You appear to be asking a new question concerning tax law and your employer's liability for a corrected W-2. If you want me to discuss this issue, you will have to open a new Q&A session, so that I can be compensated for my efforts.

Don't forget to put my userid ("To socrateaser") at the beginning of your new question, or someone else may grab the question.

Thanks in advance for your understanding and cooperation.
Customer: replied 1 year ago.

I wasn't trying to ask a second question. I was just sharing an update on my situation with you. I apologize for appearing to overstep a boundary. That was not my intent. I am really glad you sent that response though, because I didn't realize you could answer questions on that topic. Depending on the outcome in the next few weeks, I may have to take advantage of another (separate) question and I would rather continue working with you.

Expert:  socrateaser replied 1 year ago.
No worries. Until then...over and out.

Please don't reply to this memo, unless you have new question. Otherwise, the system will require me to respond, and "round and round we go, and where she stops...." anonymous circus barker (circa. 19th Century).

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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
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  • 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:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
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    LawTalk

    Attorney

    Satisfied Customers:

    912
    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:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
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    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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    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:

    3098
    Extensive experience representing employees and management
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    jkiani22

    Attorney

    Satisfied Customers:

    20
    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.