Page 24 - Sonoma County Gazette 6-20

DEAR READERS: Do you have a legal question on your mind? If so, please email me at debra@newbylawoffice.com. Your name will remain confidential.
This Q & A Legal Column is intended as a community service to discuss general legal principles and does not create an attorney-client relationship.
Dear Debra: I am a small business owner who has a written contract with a certain vendor to purchase my products (which were shipped before this pandemic). The vendor is now saying they can’t afford to pay me what they owe (about $8,500) and of course they are blaming the pandemic for their delinquent payment. I understand they are having a tough time, but so am I! What are my legal options? ~ Signed: William-in-Waiting
Can Medical Workers get a GREEN CARD?
Dear William: Sorry to hear that you must chase a bad debt. I suspect before this pandemic is over, other accounts may go uncollected? We can certainly offer compassion and understanding to those who are having a tough time. Yet, most small business owners do not have an unlimited stream of funds, so the bottom line must be protected.
This PERM process is not conducted through the Immigration Service but instead in the U.S. Department of Labor (DOL). A hospital or other medical facility must engage in recruitment –essentially pretending that they are
still looking for an employee—to show that no U.S. citizen is qualified and interested in the position. In order to obtain a labor certification, the employer must run two Sunday advertisements, do a ten day internal job posting,
Obviously, the first course of action is to open a line of communication with your vendor, preferably in writing. Quote the terms of the contract and ask
for payment by a certain deadline. You may also recognize in your written communication, as a matter of courtesy, that you understand that this pandemic has toppled many other businesses and individuals, but at the same time, perhaps suggest to your debtor that other options are available to them to pay the debt.
and place a 30 day job order on line. The medical facility must prove to the government that no qualified American applied for the job in response to this recruitment process.
Off the top of my head, the debtor could pursue a line of credit or other relief to help pay the debt. The thought here is that you are drawing a clear line in the sand, that pandemic or not, you hold them accountable for the debt.
Even if successful in so proving, the medical worker must be paid “prevailing wage” for the position – often an amount above the market wage. The medical facility must show that they require the position offered, and that the applicant has the necessary education, training and experience to fill the position. Needless to say, it’s not an easy or inexpensive process.
If your debtor balks or is non-responsive, you may have to upgrade your anti- Covid-19-rubber-glover for boxing gloves, and enter a legal arena.
One viable option that is often overlooked or misunderstood is Sonoma County Small Claims Court. It is a very effective solution that is cheaper and quicker than hiring a private attorney. Below is a short checklist of some of the features of small claims court, so you can determine if you qualify:
Easier path for nurses.
• The damages you seek must be $10,000 or less.
• You should make sure that your complaint is timely filed, meaning that you
We do make an exception for two types of health care workers: nurses and physical therapists. These two professions can bypass the often lengthy process of labor certification and directly file the “Immigrant Petition for Alien Worker”-- qualification for permanent residence -- without doing this
IMMIGRANT cont’d on page 23
have complied with the statute of limitations. If your contract is oral, you must file within two years from the date the other party broke the contract. If you have a written contract, you must file within four years of the breach of contract.
• You should file the action in the county where the defendant (i.e. the Vendor) resides or in the county where the alleged injury/damages occurred.
As we cope with the health challenges posed by the corona virus, we rely more than ever on our medical professionals: doctors, nurses, nurse assistants, medical technicians, those who provide elder care. Those on the front lines of the battles with COVID-19. But can these “heroes” get a green card if they are foreign-born? Do we make it easy for those who nurse us back to health to stay in this country?
Typically, a person seeking permanent residence in this country through an employer must first prove that no American wants their job. This is true for most medical professionals, including nursing home workers, medical technicians and even most doctors. This must be accomplished through a laborious procedure known as “labor certification” or it’s more modern name, PERM.
A long route for most medical workers
• NO ATTORNEYS are allowed in small claims court, so be prepared. Bring copies of any key documents to prove that you have been wronged and that damages/monies are due.
Your matter will be heard by a Judge or trained attorney. The hearings
are very quick—15 to 20 minutes. Preparation is key. The process can be intimidating but have no fear. We are lucky to have a FREE Small Claims Clinic staffed by 3rd and 4th year law students at Empire College School of Law. The law students are supervised by a licensed attorney and are well versed in the small claims process, what forms you will need, how much the filing fee is, how to serve the defendant, how to prepare for your hearing, etc.
Check out their link at www.empcol.edu/small-claims-advice.
With this global pandemic, I suspect The Small Claims Clinic is not open for walk-in hours (which used to be Mondays and Wednesdays from 3:15-6:00 pm). Call (707) 521-6534 for more information. 0 or less. The process is a lot cheaper and quicker than a full-blown lawsuit. Often the dispute is resolved within 2-6 months after filing your small claims action. Hang in there...and good luck.
Debra A. Newby has practiced law for 38 years. She is a member of the California, Texas and Sonoma County Bar Associations and currently maintains a law office in Santa Rosa which emphasizes personal injury law (bicycle/motorcycle/motor vehicle accidents, dog bites, trip and falls, etc.).
24 - www.sonomacountygazette.com - 6/20