Judicial misconduct?

[michael73]

What is the name of your state (only U.S. law)? MI

A group of us have worked for the county juvenile delinquent court school for years as independent contractors. We were told in June that we were misclassified, and should have been employees from the beginning. For months now they (the courthouse) have known this and have failed to fix it. A former employee from finance came forward and said the court has known for at least five years that this was illegal. The Chief Judge recently said they aren't even going to address it until sometime in January. I know that they are in violation of the law by their own admission, but they don't seem to care about correcting it. Our juvenile court judge even told him that this is illegal and we can't be doing this, but he didn't listen to him. I was thinking of reporting the judge to the judicial tenure committee for misconduct. Do I have a valid complaint for his willful violation of the law? Thanks

 

[quincy]

What is the name of your state (only U.S. law)? MI

A group of us have worked for the county juvenile delinquent court school for years as independent contractors. We were told in June that we were misclassified, and should have been employees from the beginning. For months now they (the courthouse) have known this and have failed to fix it. A former employee from finance came forward and said the court has known for at least five years that this was illegal. The Chief Judge recently said they aren't even going to address it until sometime in January. I know that they are in violation of the law by their own admission, but they don't seem to care about correcting it. Our juvenile court judge even told him that this is illegal and we can't be doing this, but he didn't listen to him. I was thinking of reporting the judge to the judicial tenure committee for misconduct. Do I have a valid complaint for his willful violation of the law? Thanks

You can file a complaint and the complaint will be investigated.

 

[michael73]

You can file a complaint and the complaint will be investigated.

ok. I would think a judge who allows the law to be violated because it works for them would be a big deal. It's a big deal to us because of everything we're losing as far as benefits and overtime pay, but I wonder how serious it would be to the committee. Would any of you report it if you were in my shoes?

 

[Zigner]

ok. I would think a judge who allows the law to be violated because it works for them would be a big deal. It's a big deal to us because of everything we're losing as far as benefits and overtime pay, but I wonder how serious it would be to the committee. Would any of you report it if you were in my shoes?

Sorry, yours is not a legal question.

 

[justalayman]

ok. I would think a judge who allows the law to be violated because it works for them would be a big deal. It's a big deal to us because of everything we're losing as far as benefits and overtime pay, but I wonder how serious it would be to the committee. Would any of you report it if you were in my shoes?

If I were in your shoes I would probably take them off as I have unusually difficult to fit feet as well as they are above average in size in general. That means it is more likely than not that your shoes would cause me pain so the first thing I would do is take them off.

Then, if I had anything to do where shoes were advised or required, I would put on a pair of my own.


then since I would have my shoes on and not yours, what happened to the person wearing your shoes would no longer be relevant to me.


I am not sure if general labor laws apply to your situation but you can contact the Michigan department of labor and inquire. If you are, they would take action to rectify the situation.

but beware:

judges in Michigan hold a frightening amount of power to do things no sane person would believe were possible. I suggest caution when considering putting a target on your back.

 

[quincy]

Who is your employer, michael73? Are you employed by one of the county's detention centers? Who, in other words, hired you and pays you?

 

[LdiJ]

Who is your employer, michael73? Are you employed by one of the county's detention centers? Who, in other words, hired you and pays you?

I also think that this is an important question as well, because I have a feeling that I know what is going on, but I too need the answer those questions before I can comment.

 

[michael73]

I also think that this is an important question as well, because I have a feeling that I know what is going on, but I too need the answer those questions before I can comment.

The juvenile court hired us as independent contractors to work full time in the school, but they are fighting with the judge and administrators now trying to correct it but nothing is happening. The county pays us every two weeks just like everyone else.

 

[michael73]

Who is your employer, michael73? Are you employed by one of the county's detention centers? Who, in other words, hired you and pays you?

Who my employer is shouldn't matter at this point. Like I said, what they are doing is illegal by their own admission. That's already been established. The heart of the matter is that a county government is violating the law and doing it knowingly. I'm not eager to report anyone such as the judge, but at what point do you draw the line when you're getting screwed over???

 

[quincy]

The juvenile court hired us as independent contractors to work full time in the school, but they are fighting with the judge and administrators now trying to correct it but nothing is happening. The county pays us every two weeks just like everyone else.

Okay. Your complaint should not be directed at the judge, then, but rather directed to your County's Human Resources/Labor Relations Department/Director. The judge does not determine your classification.

 

[michael73]

Okay. Your complaint should not be directed at the judge, then, but rather directed to your County's Human Resources/Labor Relations Department/Director. The judge does not determine your classification.

Yes I understand that, but he said everything goes through him according to other sources who were in the meeting. He's the one who decided HR isn't going to address it until January. Didn't make much sense to me either but that's what happened.

 

[TigerD]

Who my employer is shouldn't matter at this point. Like I said, what they are doing is illegal by their own admission.

Sorry, as has been pointed out: Who you are employed by is the only thing that matters at this point. You don't have a complaint against the McDonald's manager because of your situation. Just so, you need to address your complaints to the correct entity.

DC

 

[justalayman]

Yes I understand that, but he said everything goes through him according to other sources who were in the meeting. He's the one who decided HR isn't going to address it until January. Didn't make much sense to me either but that's what happened.

so what did the HR department say when you talk directly to them? A judge is accustomed to claiming authority. It is not uncommon for a person in any position that is similar to claim authority in all issues they are involved in. Doesn't mean they actually have that authority and if nobody questions them, by default they do have that authority.

 

[quincy]

Yes I understand that, but he said everything goes through him according to other sources who were in the meeting. He's the one who decided HR isn't going to address it until January. Didn't make much sense to me either but that's what happened.

Perhaps you misunderstood the sources who were in the meeting with the judge or these sources misunderstood the judge?

The judge did not hire you and the judge does not determine your classification or how you are paid.

The judge might have meant that he will address the legalities involved in the screwed-up classification in January, if the County does not take the necessary measures before then to correct the errors in classification and pay.

But, again, you need to address any complaints about your pay to your county's Human Resources department. The judge is not your employer.

Finally, just because someone is a judge, this does not mean he can make rulings on things that are not before him in court.

 

[LdiJ]

Who my employer is shouldn't matter at this point. Like I said, what they are doing is illegal by their own admission. That's already been established. The heart of the matter is that a county government is violating the law and doing it knowingly. I'm not eager to report anyone such as the judge, but at what point do you draw the line when you're getting screwed over???

It very much matters who your employers is. Its your employer that has misclassified you. Therefore your complaint is against your employer, specifically. If your employer happens to be the county then I can think of several reason why they might not address it until the start of a new budget year. They may be legally constrained from making a change like that during a budget year.

If your employer is a private company contracted by the county, then your beef is with the private company. The county has nothing to do with it.