taxpayer funded, California state contract attorneys

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taxpayer funded, California state contract attorneys

Post  Jaded on Fri Aug 14, 2009 4:27 am

Ive been patiently waiting for Arnold to leave office so that the wheels of justice can begin to turn back again more in favor of the employee, in California, as I have an almost 3 year old workers compensation claim that is still being resisted.

Meanwhile, our Federal government has again done nothing to help the individual. I just received a letter from an EEOC investigator stating that the reason I was not rehired by California was due to references that indicated I had trouble getting along with management, attorneys and the public. And I hold an award of Commendation for Excellence Public Service from the deputy director of this state agency, as well as annual appraisals from the two prior immediate supervisors, indicating I exceeded performance expectations. Is this the kind of representation I can expect from my Federal Government????? This is NOT competent representation.

With this lost soul and cowards lame letter, he states that I will receive a "right to sue" letter. How in the hell am I to proceed with this? I have no knowledge of Federal District Court proceedings. What do I do? I am sick of all this its been going on for almost three years now.

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Re: taxpayer funded, California state contract attorneys

Post  JoeC (McGruff) on Fri Aug 14, 2009 4:36 am

Contact an employment attorney in California, you don't have to go to Federal court you can go to state court.
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vested interest

Post  Jaded on Fri Aug 14, 2009 4:57 am

I have not been able to find an attorney, nor do I think I ever will, who are willing to risk their relationship with Sacramento.

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Re: taxpayer funded, California state contract attorneys

Post  JoeC (McGruff) on Fri Aug 14, 2009 11:45 pm

An attorney for the Workmans comp claim or for the EEOC complaint?
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Re: taxpayer funded, California state contract attorneys

Post  Jaded on Sat Aug 15, 2009 4:28 am

For the EEOC complaint.

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Re: taxpayer funded, California state contract attorneys

Post  JoeC (McGruff) on Sat Aug 15, 2009 11:49 am

The administrator of this site is a Bay area attorney.
http://joeslegalforum.forumotion.net/profile.forum?mode=viewprofile&u=1
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Re: taxpayer funded, California state contract attorneys

Post  Jaded on Sat Aug 15, 2009 6:29 pm

That, then, must be you, Joe.

So, I suppose you must know how disheartening it is for someone to go it alone, in so far as being wrongfully separated from state service. I've knocked on so many doors and all I have come away with is a bad feeling about myself,... like I deserved it. Insult on top of injury and the cumulative effect on long time health? Very likely, not good. At 54 now, what do I do? How can I replace the income I had begun to make. I was nearly at top pay.

The agency has for almost three years now, denied that an injury took place and I missed sending in one of the doctors notes. An agreed medical evaluator (AME) opined that 90% of what I suffered was due to what took place at work. My work comp attorney continues to send my medical assessments as discovery, but until new, fairer wc judges can replace Arnold's chosen, nothing can be done there.

I am about to write a response letter to the EEOC investigator, showing how he incompetently, and with bias, decided my case, without apply the test of a reasonable and prudent person. Copies will go to my congressman and president Obama's Secretary of Labor.

I read in the first amendment, a citizen has the right to petition the government for a redress of grievances. My being targeted with harassment, to the point of becoming physically ill, and then being separated from state service while I was continuing to be treated for this injury, is unlawful. It is also a persons right to quietly enjoy employment, free from harassment and bullying.

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Re: taxpayer funded, California state contract attorneys

Post  Jaded on Sat Aug 15, 2009 7:12 pm

I also found on a U.S. Department of Justice, Civil Rights Division website, this excerpt from a Federal statute,
“The federal criminal civil rights statutes provide for prosecutions of conspiracies to interfere with federally protected rights, deprivation of rights under color of law, the use or threat of force to injure or intimidate someone in their enjoyment of specific rights, such as employment ….” The agency I worked for set me up before they bullied me out of a resident, off site office, where I had worked for two years, with outstanding reviews, according to the two previous immediate supervisors. Then a new supervisor was appointed over a newly apportioned district and in a matter of weeks, I was gone. Here is a copy of an email from a CHP Officer and his estimation of what happened when I was asked to fill in for a vacationing hearing officer in another office:

I recieved a phone call from an investigator from your department and I gave her my opinion on the incident...... ie you were set up.

>>> "birdinhand55@sbcglobal.net> 9/19/2006 12:21:25 AM >>>
Hello Officer Cornwell. I just thought you might like to see what I am up against and I have taken your advice seriously.

I later spoke with Cornwell and he explained that the Oroville hearing officer made a practice of subpoenaing law enforcement officers even though dept forms and arrest reports contained sufficient evidence to support a prima face case of driving under the influence. Lawyers at her hearings would then fish for speculative evidence in which to later use in the criminal proceedings. This was an improper use of the administrative process. When I was called to sit in for her, I did not allow that to happen, and later, one of these attorneys went ape shit on me, on CD record, requiring the office to call CHP. That is how I came in contact with Officer Cornwell. He also knew about the bullshit that happens within state agencies; he himself was out of a job for some time, but came back, with back pay.

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Re: taxpayer funded, California state contract attorneys

Post  JoeC (McGruff) on Sat Aug 15, 2009 10:47 pm

Jaded wrote:That, then, must be you, Joe.
No that is not me that is Arkady I am not a lawyer. All lawyers posting are prominently marked lawyer.
Are you ex-law enforcment? As far as the EEOC your preaching to the choir. All administrative remedies are limited and the agencies have little interest in pursuing a claim apart from minimal investigation. Only a court process will get the employer's attention.
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Re: taxpayer funded, California state contract attorneys

Post  Jaded on Sun Aug 16, 2009 1:22 am

No, I am not former law enforcement. I worked for a state agency that provided adminsistrative hearings and I was appointed/ sworn in, by the Director of the Dept.

I do not have the funds or knowledge to file a court case, but if I had some sort of outline of how to do that, I might try. I know, I have heard it said, "the person who represents himself in court has a fool for an attorney," nevertheless, having had to allow citizens due process rights, ones that did not have attorney's, I always made sure they understood and protected their due process rights. Who know? I might get fortunate and have a judge that empathizes with my plight.

Can you recommend any resources besides a law library, where I might discover the steps/ papers needed to file? I know if I go to a law library, I will drown in paper. I'd get discouraged

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Re: taxpayer funded, California state contract attorneys

Post  JoeC (McGruff) on Sun Aug 16, 2009 1:39 am

As far as Pro-se litigation I don't recommend that any more than I recommend doing your own dental work. As far as the Justice dept-forget that as well, color of law means a police or government enforcement agency violating your constitutional rights acting under authority of the state. For them to get involved it would have to be horrific. I recommend Arkady Arkin (Arkady) or find another competent attorney.

I do not believe there is not a single attorney in California that will not sue the state in employment litigation unless of course the case is: weak, there is no case, or there is no theory of law to sustain a suit.
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Re: taxpayer funded, California state contract attorneys

Post  Jaded on Sun Aug 16, 2009 3:48 am

I have a time line of events. How would I know if Mr. Arkin would look at it?

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Re: taxpayer funded, California state contract attorneys

Post  JoeC (McGruff) on Sun Aug 16, 2009 4:08 am

How about E-Mailing him and finding out. I sent you a link once scroll down to where it says E-mail and send it. http://joeslegalforum.forumotion.net/profile.forum?mode=viewprofile&u=1
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Legql clinic

Post  Eric on Sun Aug 16, 2009 3:40 pm

I know there is a law school in Sacramento. I think it is McGeorge school of law. Why dont you go down there and see if they have a clinical program that might fit your needs. You'll be suprised at how helpfull law school clinics can be. They love issues like yours.

http://www.mcgeorge.edu/

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Re: taxpayer funded, California state contract attorneys

Post  Endeavor on Sun Aug 16, 2009 5:12 pm

Just because the EEOC rejects your case for litigation does not mean you do not have a case. The EEOC is overworked and understaffed and generally only takes slam dunk cases or those that will set new precedent. They just don't have the resources to take all cases, even if they have merit.

On the other hand, if you have received several consultations from private attorneys and no one will take your case, that is a red flag to me that there is something missing here and that perhaps your case is not as strong as you believe. Further, while you may believe what happened to you to be unfair, it nonetheless may be legal, but without knowing all of the details it's impossible to say. You would have to prove that your membership in a protected class (ie, race, religion, gender, disability, etc.) was a contributing factor to your termination.

Many employment law attorneys will, at a minimum, provide a free consultation. Take all of your documentation and do some shopping. Good luck.
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