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I was terminated for a bogus reason. I asked for a skelly

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hearing but I knew I...
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: 5 years ago.Category: California Employment Law
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Answered in 1 hour by:
9/5/2012
California Employment Lawyer: Legal Counsel, Lawyer replied 5 years ago
Legal Counsel
Category: California Employment Law
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Verified
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- :

Hello


Legal Counsel : Whether or not you prevail in the arbitration and the city attempts to recover " your share of the costs of the arbitration" you would want to file a complaint for damages seeking recovery of the amount of the costs that the city is attempting to make you pay. Under Education Code Section 44945, you would file a Petition in the civil court and seek review of the decision of the CPC. Under the same code section, the court, on review, "shall exercise its independenan injunction against the city's attempt to recover the costs under the Education Code on the grounds that it is unconstitutional under both the Florio case and the California Supreme Court's decision in California Teacher Association v. The State of California. You would also seek a writ if mandate to require the city
Legal Counsel : not to seek the recovery of expenses against you. (my answer above was sent too soon). I intended to include that under Educ. Code Sec.*****shall, upon review, "exercise it's independent judgment on the evidence.". Thus, to answer your question, you will need to file a Petition with the court to have the court review the decision of the CPC. The court will exercise its independent judgment on the evidence. A Petition will start your proceedings. You may want to request in your petition that the court issue a writ of mandate to prohibit the city from collecting any fees or expenses from you under Education Code Section 44944, on the grounds that the statute is unconstintuitional. I strongly suggest that you seek the advise and assistance from an attornetpy so that you are properly guided through this process.
Legal Counsel : I was required to handle an emergency matter earlier and was unable to answer your question sooner. But I hope I have clarified your confusion in answering your question and have helped you understand what you need to file. Please try to file your Petition before the city files for bankruptcy. If you believe I have sufficiently answered your question, please click that you "Accept" " my answer and rate my service. I seek to give you only excellent service. Thank you for allowing me to be of service and answer your question.
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Legal Counsel
Legal Counsel
Legal Counsel, Lawyer
Category: California Employment Law
Satisfied Customers: 103
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Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

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