I need a lawyer

[jeeperjohn]

I am looking for the most successful civil lawyer I can find to help me sue the county of riverside. I will not get into the reasons here because it would just take too long. I need to find the most skilled attorney I can who will work on contingency. I am so effin poor that I cannot even pay a retainer and the reason for this is the reason I am filing a lawsuit. I have exhausted all other means to get fair treatment and now this is my only hope. If you know anyone who is good at what they do, is for the underdog, and can work on contingency, please let me know. Thanks

[5-90]

Sue Riverside County? Spill - a thumbnail at least!

This coul end up setting a precedent for the rest of us...

[Skwerly]

The trouble is, successful attorneys require a buttload of cash lol. You might have to settle for a longshot, here. :(

[JohnX]

Right, like the govmnt is gonna give you your money back :rofl:

[-96JeepSpeed-]

Hey John, Whoop some ass.

[jeeperjohn]

Sue Riverside County? Spill - a thumbnail at least!

This coul end up setting a precedent for the rest of us...
It has to do with being unfairly forced to take a paycut/demotion without a chance to argue my side of the issue. I did the right thing and got bent for it.

[xcm]

i think i wouldve stoped working, if you TAKE a paycut, fair or unfair, you still take it.
you arent a slave, couldnt you have walked away?

did someone say paycut?
http://davidlongstreet.files.wordpress.com/2009/04/stapler1.jpg

[ECKSJAY]

LOL discussing litigation in public.

[AdidasCJ]

It has to do with being unfairly forced to take a paycut/demotion without a chance to argue my side of the issue. I did the right thing and got bent for it.


Not knowing the Facts but try the labor board

[GrimmJeeper]

LOL discussing litigation in public.

:rtm:

[RWKHausSupply]

John. Call me. Wife runs callahan & blaine. Google it. Prolly the best business lit firm in oc or cali and has been known to set records in settlements. Only issue is u have ONE shot to explain ur case to who ever I can get u a free consult with there. If they don't take it they will tell u why and its prolly a loosing venture.

[terryg]

first things first - if other ref's don't work out, try legal zoom.com - they vett their lawyers carefully, and they answer simple questions & tell u if u have a case.
my brother was a harvard law review honoree, & graduated harvard - he's in jail, cuz like all lawyers, he's a scumbag!

[boostamante]

first things first - if other ref's don't work out, try legal zoom.com - they vett their lawyers carefully, and they answer simple questions & tell u if u have a case.
my brother was a harvard law review honoree, & graduated harvard - he's in jail, cuz like all lawyers, he's a scumbag!

Can John visit him in jail for legal advice????

[terryg]

don't know, julio, think he in fed prison -owed over 100k in child support, had false id, was deputy director of human services in minnesota (oversees child support)

[foster stupid dog]

Based on what you are saying, it appears that you work for the County. Won't your union/association step up for you?

[jeeperjohn]

couldnt you have walked away?
Not if I wanted to live in a house as opposed to under a bridge.

[jeeperjohn]

Based on what you are saying, it appears that you work for the County. Won't your union/association step up for you?
Unions are like a eunuch, on the surface they look like they can get the job done but when it comes down to it they lack the equipment to do anything.

[Andy Steiner]

It has to do with being unfairly forced to take a paycut/demotion without a chance to argue my side of the issue. I did the right thing and got bent for it.

California is a right to work state. That means you can quit any damn time you feel like it. Conversely, it also allows your employer to terminate you any time THEY feel like it. Along with the ability to terminate you, the employer could reduce your pay, change your job description and/or function. For instance, you could go from being a $100K human resource vice president one day to an $8 per hour maid the next day. LEGALLY. Your employer does not have to give you any opportunity to argue your side of the issue. Your opinion is completely irrelevant.

Your only recourse is being able to prove you were discriminated against because or your age, race, sex, religion, ethnicity or any other Hyphenate American subculture covered under Title VII of the 1964 Civil Rights Act and subsequent amendments.

I don't know how large of a company your employer is, but Title VII only applies to companies with at least 15 employees.

Unless you can prove discrimination beyond any doubt, you're likely hosed.

[RWKHausSupply]

California is a right to work state. That means you can quit any damn time you feel like it. Conversely, it also allows your employer to terminate you any time THEY feel like it. .

Before you go trying to state california law, you might want to actually know it! NO, you cant just fire someone in california. If your company is a very small under (I believe but dont quote me) like 50 employee's then Yes you can fire at will. But my wife cant just fire a POS receptionish or personal assistant at the firm when they dont show up for work or are sick all the time. She has to get a file filled with paperwork proving the reasons for it when and if she can get the state to be able to just fire...

In any case.
Untill you call a Actual attorney (not some .com company) you will not know for sure if you are just crying for nothing more then tears, or if you have a case to actually try for...

[xj_mike]

Not sure what the details are or if you have a case. I wish you the best luck.

As an FYI, I work for UCSD and due to the state budget crap, the UC system is doing furloughs. Within my pay rate, it equates to 7% pay cut for the next year and could extend longer.

Welcome to the state of Kalifornia...

[Andy Steiner]

Before you go trying to state california law, you might want to actually know it! NO, you cant just fire someone in california. If your company is a very small under (I believe but dont quote me) like 50 employee's then Yes you can fire at will. But my wife cant just fire a POS receptionish or personal assistant at the firm when they dont show up for work or are sick all the time. She has to get a file filled with paperwork proving the reasons for it when and if she can get the state to be able to just fire...

In any case.
Untill you call a Actual attorney (not some .com company) you will not know for sure if you are just crying for nothing more then tears, or if you have a case to actually try for...

Wrong. A company can terminate your employment at any time for any reason or FOR NO REASON.

The only reason a company would want to establish a file to prove an employee was terminated FOR CAUSE, would be to escape liability for unemployment claims.

[Darky]

Wrong. A company can terminate your employment at any time for any reason or FOR NO REASON.

The only reason a company would want to establish a file to prove an employee was terminated FOR CAUSE, would be to escape liability for unemployment claims.
My brother in law had to fire someone for multiple reasons, and that was exactly why he kept a record, unemployment called saying the guy had filed because he was "wrongfully terminated" and when my brother in law went over the paper work with them, they denied the guy's claim.

[RWKHausSupply]

The only reason a company would want to establish a file to prove an employee was terminated FOR CAUSE, would be to escape liability for unemployment claims.

:confused1
I think why this thread was started was exactly this? Isn’t the reasoning behind this thread that he needs an lawyer because of cause or the law pertaining to?

SO lets see, go tell him he can be fired for no reason, and to get over it, unless it pertains to some ancient civil law. Then come back and post that well you do have recourse if they didn’t have cause and that’s the law.... haha

Stick to painting sh1t purple would ya... :passgas:


Not to mention you cant fire anyone you want for stuff like not showing up to work a few times if you are a company over 50 and say its a man and his wife had a baby say 5 months ago... Its called family medical leave act. and you can yes, fire him. but expect anyone with half a brain to sue the crap outa ya.

Or a guy that hurt his back for ANY reason, not at work but ANY reason. and went to the dr a few times for it and missed work. You better not go and try to fire him. If you do, your screwed.

Or a black woman over 40 that misses work a few times for NO apperant reason. dont go and try firing her!

Theres Alot more to the employment laws then I think 99% of the public knows...

[jeeperjohn]

Why all the talk of being fired? My post said I was forced to accept a pay cut. I am still working for the county, just for a lot less money.
Thank you to those who offered referrals, I am still interested in more because if the ones I have so far won't take the case I will need plenty of options to check out. RobertK, I was unable to call your wife today because we had a structure fire in the city today and I had to man a roadblock. I will try to call her tomorrow, thanks.

[Andy Steiner]

:confused1
I think why this thread was started was exactly this? Isn’t the reasoning behind this thread that he needs an lawyer because of cause or the law pertaining to?

http://www.naxja.org/forum/showpost.php?p=244543168&postcount=6"It has to do with being unfairly forced to take a paycut/demotion without a chance to argue my side of the issue."
Learn to read.



SO lets see, go tell him he can be fired for no reason, and to get over it, unless it pertains to some ancient civil law. Then come back and post that well you do have recourse if they didn’t have cause and that’s the law.... haha

A. Learn to read.
B. Labor law, not civil law.

Not to mention you cant fire anyone you want for stuff like not showing up to work a few times if you are a company over 50 and say its a man and his wife had a baby say 5 months ago... Its called family medical leave act. and you can yes, fire him. but expect anyone with half a brain to sue the crap outa ya.
That's the second time you've mentioned something about a company needing to have at least 50 employees before they can do something or I don't know.
.

Prove it Robert. Give me a citation. Hey... I'll make it easy on you. Here's the California Labor Code and all California codes:

http://www.leginfo.ca.gov/calaw.html

I'll even make it easier on you. Here's the two sections of the Labor Code that mention a company having more then 50 employees:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=75475519729+3+0+0&WAISaction=retrieve

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=75475519729+8+0+0&WAISaction=retrieve


BTW... one of those sections mentions the limitations pertaining to companies employing 25 or more. Bet you didn't know about those?


Or a guy that hurt his back for ANY reason, not at work but ANY reason. and went to the dr a few times for it and missed work. You better not go and try to fire him. If you do, your screwed. Firing somebody for missing work frequently is one of the easier reasons. Give me something more challenging.


Or a black woman over 40 that misses work a few times for NO apperant reason. dont go and try firing her! Now you're just being a racist.


Theres Alot more to the employment laws then I think 99% of the public knows... However, none of it is secret. It's all public and easily attainable. You just got to know how to read. You planning on learning how any time soon?

[Andy Steiner]

Why all the talk of being fired? My post said I was forced to accept a pay cut. I am still working for the county, just for a lot less money.
Thank you to those who offered referrals, I am still interested in more because if the ones I have so far won't take the case I will need plenty of options to check out. RobertK, I was unable to call your wife today because we had a structure fire in the city today and I had to man a roadblock. I will try to call her tomorrow, thanks.

I was just trying to point out that both the employee and the employer have a great deal of freedom under California law. Unless you're working under a contract, your employer can change your terms of employment with your consent. Sad but true.

[RWKHausSupply]

your employer can change your terms of employment with your consent. Sad but true.

Well duh...

They can really change your employment with your concent? :laugh2:

Im out. You seem to know your law.. you should be an attorney. :callme:

[4xSanta]

Am I going to have to squirt you two with my garden hose?.......SANTA

[builder]

[QUOTE=jeeperjohn;244546246]Why all the talk of being fired? My post said I was forced to accept a pay cut. I am still working for the county, just for a lot less money.
Thank you to those who offered referrals, I am still interested in more because if the ones I have so far won't take the case I will need plenty of options to check out. RobertK, I was unable to call your wife today because we had a structure fire in the city today and I had to man a roadblock. I will try to call her tomorrow, thanks.[/QUOTE}
With the condition of the economy throughout the entire united states and especially in california, what happened to you is common place. it sucks but it's just the reality of it. your superiors are not required bye law to let you voice your say.although it's the right thing to do.it may be that he or she felt badly about having to do it,or the fact that the decision was made bye the people in higher places.i think you will find that thier is no recourse for what unfortunately happened to you and thousands of other hard working people in this state.good luck and be glad you even have a job at all. i have been looking for quite awhile and they just don't exist..

[JohnX]

Well duh...

They can really change your employment with your concent? :laugh2:

Im out. You seem to know your law.. you should be an attorney. :callme:

Come on Robert, obviously a type-o.

[GrimmJeeper]

C. You're still an idiot.

Now you're just being a racist.

You just got to know how to read. You planning on learning how any time soon?

:dunno: trying out for the BSC? :roflmao:

[ECKSJAY]

:dunno: trying out for the BSC? :roflmao:

One has to try out for BSC? :bs:

[GrimmJeeper]

One has to try out for BSC? :bs:

wondering why you didnt get invited? :shhh:

[ECKSJAY]

wondering why you didnt get invited? :shhh:

Wondering if I care? :farmer:

[GrimmJeeper]

touche :D

[scottmcneal]

God i love it when everybody get"s along..

[djblade311]

peepz, John wants referrals and more info. Not poo-flinging. keep this thread informative and less BS. thanks

[Andy Steiner]

Am I going to have to squirt you two with my garden hose?.......SANTA

Only if it's purple.

[Paul Airhart]

California is a right to work state. That means you can quit any damn time you feel like it. Conversely, it also allows your employer to terminate you any time THEY feel like it.


Wrongful Termination under California Law

Wrongful termination means at its broadest, as any illegal termination under state or federal law. In its narrowest use, it means that which violates California’s “public policy”. It also means that which courts have ruled as based on illegal grounds.

In California, wrongful termination is often difficult to prove. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be "at will."

However, the "at will" relationship can be modified either verbally or through custom or practice.

http://kona.kontera.com/javascript/lib/imgs/grey_loader.gif

These modifications can be made through assurances for continued employment made by employer. It can also be modified if the company did not follow its policy on progressive
discipline contained in the employment handbook. Their existence means that the employment relationship has been modified so that an employer could be required to establish "good cause" prior to terminating an employee.


As the individual facts and circumstances are considered in a termination claims, it is important that the employee keep copies of any appointing letters, employee handbooks or manuals and performance review so that the assessing attorney can better evaluate the facts surrounding your case.

Two Branches of Wrongful Termination Law

1. Wrongful termination in violation of public policy

This aspect of law provides the terminated individual with a cause of action against the employer based on strong public policy. Examples of this include:

· Anti-discrimination laws

· Whistle-blower protection laws

· Miscellaneous laws

The first two categories are self-explanatory. On the other hand, miscellaneous laws include, but not limited to, the following:

· California Family Rights Act which provides time off for serious health condition of the employee or a family member

· Pregnancy Discrimination Act which provides for time off for childbirth, and

· Other Labor Code sections that provide for time off for jury duty, for breast-feeding infants, for parents to visit their children’s schools.

Wrongful termination for “breach of implied contract”

The “at will” employee, in using this ground, must prove several factors such as employer’s consistent practice of progressive discipline and termination only “for cause”; length of employment; history of steady promotions and raises and employer’s violation of its own internal rules and procedures.

In terminating employees, employers in California must observe the substantial as well as procedural aspects of the law. Otherwise, it will result to wrongful termination

[jeeperjohn]

[QUOTE=jeeperjohn;244546246]Why all the talk of being fired? My post said I was forced to accept a pay cut. I am still working for the county, just for a lot less money.
Thank you to those who offered referrals, I am still interested in more because if the ones I have so far won't take the case I will need plenty of options to check out. RobertK, I was unable to call your wife today because we had a structure fire in the city today and I had to man a roadblock. I will try to call her tomorrow, thanks.[/QUOTE}
With the condition of the economy throughout the entire united states and especially in california, what happened to you is common place. it sucks but it's just the reality of it. your superiors are not required bye law to let you voice your say.although it's the right thing to do.it may be that he or she felt badly about having to do it,or the fact that the decision was made bye the people in higher places.i think you will find that thier is no recourse for what unfortunately happened to you and thousands of other hard working people in this state.good luck and be glad you even have a job at all. i have been looking for quite awhile and they just don't exist..
I don't want to go into great detail on here but it had nothing to do with downsizing or the economy, nor was it because of any kind of diciplinary situation. This is why I need a good lawyer.

[Jump This]

Does it have to do with that helecopter crash where they found your ham sandwich stuck in the intake manifold?

:wave:

[boostamante]

Does it have to do with that helecopter crash where they found your ham sandwich stuck in the intake manifold?

:wave:


Oh god, that was a good one. That made my day.

[jeeperjohn]

Does it have to do with that helecopter crash where they found your ham sandwich stuck in the intake manifold?

:wave:
Who've you been talking to?!? :D

[karstic]

Am I going to have to squirt you two with my garden hose?.......SANTA

Take 'em off the 'nice' list.

[Andy Steiner]

:dunno: trying out for the BSC? :roflmao:

Hell no! Those guys are too laid back for me. I need a wilder crowd.

[RWKHausSupply]

ya mean something a bit more 'colorful'?

[Nimrod]

I do not have a referral for you, jeeperjohn, but as a lawyer myself I will give you some rock-solid advice.

First, do not take legal advice from anyone who is not a lawyer, no matter how well-meaning. I don't mean to diss anyone, but a lawyer who has met the requirements for admission to membership in the State Bar of California, including law school graduation and passage of the Bar Exam, and who has a reputation to uphold in the legal community, and who is subject to mandatory continuing legal education requirements and to the ethical duties imposed on lawyers by the State Bar Act (Business and Professions Code sections 6000, et seq.) and the Rules of Professional Conduct is far more likely to give you sound advice than someone who is not a lawyer. (Not to mention that gving legal advice constitutes the practice of law, which is a misdemeanor when engaged in by a non-lawyer (Bus. & Prof. Code sec. 6126(a). 'Nough said about that.) Plus, many lawyers pay for malpractice insurance, which gives you some security against bad advice.

Second, if you cannot get a good recommendation from someone you know and decide to go to a lawyer referral service, use only a service that is certified by the State Bar (Bus. & Prof. Code sec. 6155). Not only do certified referral services have to meet established standards, but uncertified services (of which there are plenty) are operating in violation of law (Bus. & Prof. Code sec. 6156). The State Bar's website (www.calbar.ca.gov (http://www.calbar.ca.gov)) lists nine certified lawyer referral services in Riverside County.

Third, and finally, if you do get a referral from any source, go to the State Bar's website and check if that lawyer has a public record of discipline. If he or she does not have a public record, that does not really guarantee much, because complaints made againat lawyers to the State Bar that do not result in public discipline are confidential, as are the lowest levels of professional discipline (admonitions and private reprovals). In other words, a lawyer may leave a trail of unhappy clients who complain to the Bar, but absent sufficient evidence of ethical violations to warrant prosecution, the lawyer could escape the imposition of discipline. But if there is a public record of discipline against the lawyer, that should give you grounds for concern that you might want to raise with the lawyer, if you want to talk to him or her at all. (You might even ask the lawyer for a copy of the stipulation or decision that led to the discipline. That'd probably get you thrown out of the lawyer's office on your ear, but that would tell you something right there, wouldn't it?)

Good luck in your search for representation and in your pursuit of justice.

[jeeperjohn]

I do not have a referral for you, jeeperjohn, but as a lawyer myself I will give you some rock-solid advice.

First, do not take legal advice from anyone who is not a lawyer, no matter how well-meaning. I don't mean to diss anyone, but a lawyer who has met the requirements for admission to membership in the State Bar of California, including law school graduation and passage of the Bar Exam, and who has a reputation to uphold in the legal community, and who is subject to mandatory continuing legal education requirements and to the ethical duties imposed on lawyers by the State Bar Act (Business and Professions Code sections 6000, et seq.) and the Rules of Professional Conduct is far more likely to give you sound advice than someone who is not a lawyer. (Not to mention that gving legal advice constitutes the practice of law, which is a misdemeanor when engaged in by a non-lawyer (Bus. & Prof. Code sec. 6126(a). 'Nough said about that.) Plus, many lawyers pay for malpractice insurance, which gives you some security against bad advice.

Second, if you cannot get a good recommendation from someone you know and decide to go to a lawyer referral service, use only a service that is certified by the State Bar (Bus. & Prof. Code sec. 6155). Not only do certified referral services have to meet established standards, but uncertified services (of which there are plenty) are operating in violation of law (Bus. & Prof. Code sec. 6156). The State Bar's website (www.calbar.ca.gov (http://www.calbar.ca.gov)) lists nine certified lawyer referral services in Riverside County.

Third, and finally, if you do get a referral from any source, go to the State Bar's website and check if that lawyer has a public record of discipline. If he or she does not have a public record, that does not really guarantee much, because complaints made againat lawyers to the State Bar that do not result in public discipline are confidential, as are the lowest levels of professional discipline (admonitions and private reprovals). In other words, a lawyer may leave a trail of unhappy clients who complain to the Bar, but absent sufficient evidence of ethical violations to warrant prosecution, the lawyer could escape the imposition of discipline. But if there is a public record of discipline against the lawyer, that should give you grounds for concern that you might want to raise with the lawyer, if you want to talk to him or her at all. (You might even ask the lawyer for a copy of the stipulation or decision that led to the discipline. That'd probably get you thrown out of the lawyer's office on your ear, but that would tell you something right there, wouldn't it?)

Good luck in your search for representation and in your pursuit of justice.
Thank you very much sir, greatly appreciated. :cheers:

[djblade311]

excellent post Nimrod...good info