asked
The judge in my case has indicated that the action is subject to dismissal due to lack of jurisdiction because I did not file with EEOC. I argued that I tried to go to EEO but was told that because I filed a grievance, I could not do both. The grievance was denied, and I believed my only option was to try administratively, so I went up the chain of command and several investigations took place. I went up to the Director of Human Resources and the Secretary of the VA. Both conducted investigations and indicated they would not compensate me for lost leave and my expenses caused by the supervisors' actions. I advised the Secretary and HR that I had no choice but to go outside. I felt that the investigations conducted by the agency were sufficient. I also learned that I could file with the Office of Special Counsel for retaliation for whistleblowing. I filed and they said in their letter that they are not going to review because I filed a grievance and cannot do both. The recommendation is that the case be dismissed for lack of jurisdiction and because I did not appeal the OSC decision for not exhausting administrative rights. Is there any legal defense I can present when I respond to the judge's review and recommendation?
September 27th, 2024
I received a call on 11/11/16 from someone claiming I did not pay back an Advance America loan from 2011 and they are pressing charges for check fraud. They mentioned violating certain codes and that I owe $660.00. They also said they were trying to serve me legal documents at an old address I haven't lived at in over 5 years and that an old employer verified I used a computer to commit fraud. What is the statute of limitations (SOL) for California, and should I be concerned?
April 1st, 2023
I own a trucking company and one of my drivers has been selling fuel for cash using my ComData/Fuel Card, amounting to over $10,000 in theft over the past 3 months. Should I have him arrested and file charges, or can I withhold his last 2 paychecks? Additionally, if he is classified as a contractor rather than an employee, how does that affect my options?
April 21st, 2023
We suspect a company in South Africa we've been dealing with for over two months is involved in a scam. We are a trading company in New York, and this company in South Africa received prepayment for two containers after signing a contract and receiving an invoice from them. They are now blaming their supplier for selling our goods to someone else and claim they don't have quality material to replace it. They keep trying to extend the time, which seems suspicious. What should we do to protect our interests?
August 27th, 2024
We gave a seller $40,000 in 2011 for a house he was asking $65,000 for, and we put another $13,000 into the house. He agreed to give us the deed once we paid the remaining $12,000, but now he's selling the house for $110,000 without our consent. Is this legal, and can we get our money back?
October 15th, 2024
I'm trying to write an answer to a complaint regarding an unpaid credit card balance. I need to determine if I should include an affirmative defense and how to do it effectively. The complaint was served in California on October 21, and I have until this Friday to answer. I don't have the funds to pay the full amount demanded by the plaintiff, and I also need to file for a fee waiver at the court when I file my answer.
November 17th, 2024