Sorry, can't make today's meeting

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Frank Cast ro

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Jul 28, 2010, 1:34:43 PM7/28/10
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I apologize but I can't make today's meeting.

Discovered another leak under the house it is a 2" drain line. I'm fixing that today.

UPDATE:
1)  I felt that my interview at Kaiser Permanente (Environmental Services Supervisor) went well yesterday. I will know in a week or two.
2)  Still waiting for the security position to get back to me. Should know this week.

Frank Castro
408-836-2716


Vijay

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Jul 28, 2010, 1:37:11 PM7/28/10
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Congratulations Frank! you have good news every week improvement.

Anyone is interested in joining? I will be at DBM office Please intimate me on my cell @ 7342331951.

- Vijay
--
Thanks n Regards,
Vijay
408 789 7224

Richard Brezovec

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Aug 2, 2010, 11:27:53 PM8/2/10
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VJ,

Did you get the minutes I wrote and sent to you last week?

 

Richard T Brezovec Sr.
LTC, US Army Retired
Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

"We do not quit being active because we grow old; we grow old because we quit being active"

   

image001.gif

Vijay

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Aug 3, 2010, 12:24:10 AM8/3/10
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Yes we did.
image001.gif

Richard Brezovec

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Aug 3, 2010, 12:29:49 AM8/3/10
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VJ,

Do we have an agenda for this week’s Wednesday noon time meeting and/or know who might not be attending?

 

 

Richard T Brezovec Sr.
LTC, US Army Retired
Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

"We do not quit being active because we grow old; we grow old because we quit being active"

   

image001.gif

Vijay

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Aug 3, 2010, 12:37:04 AM8/3/10
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Guys,

I do not prepare agenda; Dick you might come up with one.
Please respond who can make it physically or who can be available over phone.

My vote is over phone.



Regards,
Vijay
image001.gif

Richard Brezovec

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Aug 3, 2010, 3:40:43 AM8/3/10
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VJ,

How about the following for our Agenda:

 

I.                    Each person attending the meeting introduces themselves and tells what they have been doing during the past week, which should include the following information:

1.      Do you plan to pursue NOVA paid training?

2.      Are you taking advantage of free EDD workshops and classes?

3.      Have you developed a good resume approved by their DBM advisor?

4.      Have you developed a good Marketing Plan approved by their DBM advisor?

5.      Are you currently using the above two tools in actively pursuing gaining employment?

II.                 Sum up what we learned from each other and make suggestions for what we need to accomplish in the coming week.

 

I will be more than glad to act as the host for this meeting following this agenda.  If you have anything to add to this agenda, feel free to add and let me know.

image001.gif

Vijay

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Aug 3, 2010, 3:55:04 AM8/3/10
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Sounds like a plan, talk to you noon time tomorrow.

Jenny, Kenny Frank you will you be able to dial into the call?
image001.gif

Jenney Mak

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Aug 3, 2010, 12:20:32 PM8/3/10
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Thanks for the agenda.

I plan to call in for the 1st 30 min, & need to leave by 12:30pm.
 
-------------------------------------------
From: Vijay <vkur...@gmail.com>
To: dbm-fast-...@googlegroups.com
Sent: Tue, August 3, 2010 12:55:04 AM
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Kenny Geng

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Aug 4, 2010, 2:14:46 PM8/4/10
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Hi All,
 
I'll call in at 12 noon today.
 
Kenny

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Vijay

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Aug 4, 2010, 2:54:15 PM8/4/10
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Could I get the call in details for today's call?
image001.gif

Jenney Mak

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Aug 4, 2010, 3:09:34 PM8/4/10
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    Dial In: 702-473-3463     Pass Code: 633853
 
----------------------------------------------------------------
Sent: Wed, August 4, 2010 11:54:15 AM
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Kenny Geng

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Aug 4, 2010, 4:44:41 PM8/4/10
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Hi Vijay and all,
 
Sorry, I was greatly distracted by an issue at the time of calling. My fault, I couldn't
keep my earlier promise and missed it again.
 
Here is my part of the update.
 
I was travelling to the east coast with my son the entire week last week. All of my job
hunting efforts were put to a halt meanwhile.
 
This Monday, I started to post my resume to Monster.com and it was viewed by 6
employers by yesterday. Today I received an email inviting me to join a company in
Wisconsin. I'll talk to my DBM advisor tomorrow to see how to deal with it, since I
don't want to relocate. Today, I'm going to post my resume to Hotjobs and Dice as
planned.
 
Sorry again to miss our conference call today. I won't have any out of the town
travellings anymore this month, so I should become a regular caller from now on.
 
Kenny
image001.gif

Richard Brezovec

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Aug 11, 2010, 3:45:11 AM8/11/10
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Haven’t seen an Agenda for our 11 August meeting, so I quickly put this one together.  I plan on driving down to the DBM site for our meeting.  If you don’t find it convenient to drive there and meet, than by all means please dial into the conference call number.

 

I.                    Each person attending the meeting introduces themselves and tells what they have been doing during the past week, which should include the following information:

1.      Do you plan to pursue NOVA paid training?

2.      Are you taking advantage of free EDD workshops and classes?

3.      Have you developed a good resume approved by their DBM advisor?

4.      Have you developed a good Marketing Plan approved by their DBM advisor?

5.      Are you currently using the above two tools in actively pursuing gaining employment?

II.                 Sum up what we learned from each other and make suggestions for what we need to accomplish in the coming week.

 

 

Richard T Brezovec Sr.

image001.gif

Kenny Geng

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Aug 11, 2010, 4:10:40 AM8/11/10
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I'll be at DBM from 10 to 11:30, since I need to pick up a friend's family from
SFO at around 12 noon. But I will try my best to call in if I'm on my way there.
I will use my bluetooth, so safety is not a problem.
 
Kenny

image001.gif

Richard Brezovec

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Aug 18, 2010, 3:09:34 AM8/18/10
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Team,

Below is our meeting Agenda for Wednesday 18 August.  If you can not attend our meeting in person at the DBM site, please dial into it with the conference call number below:

 

NOTE: Please acknowledge your attendance status via return email

Meeting : FAST TRACK TEAM MEETING

 

Dial In: 702-473-3463

Pass Code: 633853

Start Time: 1200 (noon) hrs PDT Wednesday 18 August 2010

 

 

 

I.                    Since some of us are interviewing and might be getting a job offer, need to know if each of you think holding our weekly meetings via our conference call phone number and pass code would be preferable to meeting at the DBM site?

 

II.                 If it is decided to meet by using our conference call phone number and pass code, would a noontime Monday meeting be preferred to start out our week?

 

III.               Each person attending the meeting introduces themselves and tells what they have been doing during the past week, which should include the following information:

1.      Do you plan to pursue NOVA paid training?

2.      Are you taking advantage of free EDD workshops and classes?

3.      Do you find the EDD workshops and classes valuable to you?

4.      Which EDD office are you registered with?

5.      Have you developed a good resume approved by your DBM advisor?

6.      Have you developed a good Marketing Plan approved by your DBM advisor?

7.      Are you currently using the above two tools in actively pursuing gaining employment?

 

IV.              Sum up what we learned from each other and make suggestions for what we need to accomplish in the coming week.

image001.gif

Richard Brezovec

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Aug 18, 2010, 10:31:49 PM8/18/10
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Team,

Kenny and I were the only ones on Today’s call and we covered item III on the Agenda shown below.  Kenny introduced himself and let me know that he was officially laid off on 14 August, last weekend.  I than present Kenny with my experience since being laid off from Lockheed Martin on 16 April.  I mentioned that my company also paid for me to spend 3 months with DBM as did his company and that while attending the Wednesday morning seminars I was informed on Wednesday 21 April that I was entitled to receive unemployment compensation starting 15 February, rather than 16 April the day I was actually laid off.  The Wednesday morning DBM seminar was conducted a representative from the San Jose EDD office and he informed all of us that if we were laid off under the WARN Act we were entitled to unemployment insurance from the date we were notified of our upcoming lay off two months later.  The WARN Act that was passed in 2001 stated the following:

 

WARN ACT

The Worker Adjustment and Retraining Notification Act (WARN Act) of 1986 was effective February 4, 1989. The WARN Act requires employers which meet certain size requirements to give 60 days' advance notice of closure or mass layoff. The employers are required to give the advance notice to:

o  the representative of the employees or to each affected employee if there is no employee representative,

o  the State dislocated worker unit of the Job Training Partnership Act (for EDD this is the Rapid Response Team) and

o  the chief elected official of the unit of local government within which such closing or layoff is to occur.

The WARN Act provides that if an employer fails to provide the 60 days' notice as required, the employer is liable to each aggrieved employee for back pay for each day of the violation and for benefits provided under an employee benefit plan. The employer is liable for up to 60 days' back pay maximum, but not more than one-half the number of days the employee was employed by the employer.

The WARN Act does not provide for any administrative penalties for failure to give the required notice. An employer who violates the provisions of the WARN Act is subject to civil penalties. Thus, if an employer fails to give the required notice of closure or mass layoff, an employee would have to file suit in court to request the back pay.

The amount of notice an employer is required to give can be reduced under certain circumstances, e.g.:

o  sale of the business;

o  natural disaster. There are circumstances that exempt employers from having to provide the notice. For example:

o  the company is closing a temporary facility

o  a project is completed and employees were hired with the understanding that the employment was of a limited duration

o  there is a strike or lockout

In enacting the law, the Congress inserted a statement encouraging employers to provide notice to employees of any proposed closure or mass layoff even though they are not required by the WARN Act to give notice.

 

Section 1265.1 of the UI Code was enacted January 1, 2002, with the passage of Senate Bill 40 (SB 40). Section 1265.1 reads as follows:

"Notwithstanding any other provision of this division, payments to an individual by an employer who has failed to provide the advance notice of facility closure required by the federal Worker Adjustment Renotification and Training [sic: the actual name is Worker Adjustment Retraining and Notification] (WARN) Act (290 U.S.C. Sec. 1201 et seq.) shall not be construed to be wages or compensation for personal services under this division, and benefits payable under this division shall not be denied or reduced because of the receipt of payments related in any way to an employer’s violation of the WARN Act."

Section 1265.1 of the Code specifically states WARN Act pay will not be construed to be wages. However, prior to the passage of Section 1265.1 of the Code, if an employer failed to give the required 60-days' notice and paid employees for the lack of notice, the WARN Act pay would constitute in-lieu-of-notice pay and was considered wages for unemployment insurance purposes. The wages were allocable to the period immediately following the last day of work through the number of days paid for the lack of notice.

Due to the passage of Section 1265.1 of the Code, effective the week in which the bill was passed, which begins December 30, 2001, in-lieu-of-notice pay will no longer be considered wages.

The department interviewer does not have to determine whether an employer is subject to the provisions of the WARN Act. If the claimant reports he/she is receiving WARN pay or the employer reports making payments to the claimant in compliance with the WARN Act, the payment will be treated as follows:

o  WARN Act Payments allocable to any period prior to December 30, 2001, will be considered wages.

o  WARN Act Payments that begin prior to December 30, 2001, and extend beyond that date, will only be considered wages for the period through December 29, 2001. Therefore, all disqualifications for receipt of WARN Act Payments will end on December 29, 2001.

o  WARN Act Payments allocated to the period beginning December 30, 2001, and continuing will meet the provisions of UI Code Section 1265.1 and will not be considered wages for unemployment insurance purposes.

 

As can easily be seen above, the WARN Act makes it clear that in spite of the fact we were paid by our respective companies were also eligible for unemployment insurance payments.  I mentioned to Kenny, that I first applied for these unemployment benefits on Friday 23 April, but received a notice on 11 May that my application was being denied because the WARN Act spells out that one must apply within the first 30 days after receiving the WARN Act lay off notice.  I than appealed this finding based on the fact that my career was as a UNIX System Administrator and not an Human Resources employee or state unemployment worker who would have knowledge of the WARN Act as of 2001.  They than set up a court date for me in early June and I met with a Judge for the state EDD department who asked me several question that I replied that I first learn of the WARN Act at the 21 April DBM seminar and that not being either a Human Resource employee or State unemployment worker was not aware of the law and therefore didn’t apply within the required 30 days.  Two weeks later I received a letter stating my appeal was granted and that I would be receiving 8 additional weeks of unemployment insurance, which I received last week in 4 checks of $950 each.

 

I also told Kenny of the many workshops and classes being offered through the Sunnyvale EDD office and that in the past 3 months have attended most of them but still had a few to attend.  This workshop covered everything from preparing your resume, through the interviewing process in addition to helping you learn more about yourself and the things you like to do in your future employment.  The classes offered such things as the individual parts of MS Office 2007, conducted in 4 days of classes, 4 hours each day.  In general I painted the picture that the Sunnyvale EDD department offered enough to keep you busy for a good 3-4 months of free education that I am sure each of you would find beneficial as I have.

 

Please check you incoming email this weekend for the day and time of our next conference call meeting.  The suggestion has been to conduct our meeting during the 1100-1200 hour time frame.  I suggest that we hold it on Monday at the start of the week, but look forwards to hearing back from each of you as to what day is better for you.

 

I also need someone to check to see that Ron Coll’s name is listed as a recipient of dbm-fast-...@googlegroups.com as Ron told me today that he never received the email I sent out Tuesday evening regarding our Wednesday noontime meeting.

 

NOTE: Please get back to me on whether we should hold our next 1100-1200 meeting on either Monday, Tuesday, Wednesday, Thursday, or Friday of this coming week.

 

 

Meeting : FAST TRACK TEAM MEETING

 

Dial In: 702-473-3463

Pass Code: 633853

Start Time: 1200 (noon) hrs PDT Wednesday 18 August 2010

 

 

 

I.                    Since some of us are interviewing and might be getting a job offer, need to know if each of you think holding our weekly meetings via our conference call phone number and pass code would be preferable to meeting at the DBM site?

 

II.                 If it is decided to meet by using our conference call phone number and pass code, would a noontime Monday meeting be preferred to start out our week?

 

III.               Each person attending the meeting introduces themselves and tells what they have been doing during the past week, which should include the following information:

1.      Do you plan to pursue NOVA paid training?

2.      Are you taking advantage of free EDD workshops and classes?

3.      Do you find the EDD workshops and classes valuable to you?

4.      Which EDD office are you registered with?

5.      Have you developed a good resume approved by your DBM advisor?

6.      Have you developed a good Marketing Plan approved by your DBM advisor?

7.      Are you currently using the above two tools in actively pursuing gaining employment?

 

IV.              Sum up what we learned from each other and make suggestions for what we need to accomplish in the coming week.

 

 

Richard T Brezovec Sr.


LTC, US Army Retired
Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

image001.gif

Richard Brezovec

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Aug 25, 2010, 2:45:17 AM8/25/10
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Team,

Below is our meeting Agenda for Wednesday 25 August.  If you can not attend our meeting in person at the DBM site, please dial into it with the conference call number below:

 

NOTE: Please acknowledge your attendance status via return email

Meeting : FAST TRACK TEAM MEETING

 

Dial In: 702-473-3463

Pass Code: 633853

Start Time: 1200 (noon) hrs PDT Wednesday 25 August 2010

 

 

NOTE: Due to the fact that only two of us attended last week noontime meeting on 18 August, we will try to follow the Agenda shown below.  Hopefully all can attend and bring each other up to date on the 3 major subjects, especially topics I and II, which we really didn’t discuss last week and didn’t get any emails back from anybody on their thoughts.  I plan on attending at 1300-1530 hour workshop at the Sunnyvale EDD department on “Managing Change”, so I hope to conclude our noontime meeting around 1245 hours and possibly sooner if we can all dial in at noontime to start.

 

I.                    Since some of us are interviewing and might be getting a job offer, need to know if each of you think holding our weekly meetings via our conference call phone number and pass code would be preferable to meeting at the DBM site?

 

II.                 If it is decided to meet by using our conference call phone number and pass code, would a noontime Monday meeting be preferred to start out our week?

 

III.               Each person attending the meeting introduces themselves and tells what they have been doing during the past week, which should include the following information:

1.      Do you plan to pursue NOVA paid training?

2.      Are you taking advantage of free EDD workshops and classes?

3.      Do you find the EDD workshops and classes valuable to you?

4.      Which EDD office are you registered with?

5.      Have you developed a good resume approved by your DBM advisor?

6.      Have you developed a good Marketing Plan approved by your DBM advisor?

7.      Are you currently using the above two tools in actively pursuing gaining employment?

 

IV.              Sum up what we learned from each other and make suggestions for what we need to accomplish in the coming week.

 

 

Richard T Brezovec Sr.


LTC, US Army Retired
Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

image001.gif

Kenny Geng

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Aug 25, 2010, 2:59:49 AM8/25/10
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Hi Dick,
 
Sorry to let you know that I'll not be able to join our meeting on Wednesday.
 
Just to update you about my situation, I applied for EDD's UI based on those information you provided me last week. I'd like to thank you for your very detailed instructions which helped me a great deal on my application.
 
Other update, I had one on-site interview on Monday and one phone interview this afternoon.
 
It's good to hear that Frank will start his new job very soon. Congratulations to him!
 
Kenny

image001.gif

Richard Brezovec

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Aug 25, 2010, 3:05:27 AM8/25/10
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Kenny,

Thanks for your status regarding our noontime meeting.  hopefully some will dial in as we need to decide if it is practical for us to continue.

 

 

Richard T Brezovec Sr.
LTC, US Army Retired
Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

"We do not quit being active because we grow old; we grow old because we quit being active"

   

image001.gif

Vijay

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Aug 25, 2010, 3:17:34 AM8/25/10
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Dick,

This was real good effort you are putting. I will be joining tomorrow's call and meet you all guys over phone.

Regards,
Vijay
image001.gif

Richard Brezovec

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Aug 25, 2010, 3:22:37 AM8/25/10
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Vijay,

Thanks for verifying your attendance, so far it looks like you, Ron Coll, and myself will be on the call, hopefully we can get the remainders outside of Kenny and possibly Frank that look like they will not be able to attend.  If I remember correctly, we have 6 of us on the team,

  1. Dick Brezovec, me
  2. Ron Coll
  3. Kenny
  4. Vijay, you
  5. Frank,
  6. Don’t remember the name of number six, do you remember?

 

 

Richard T Brezovec Sr.
LTC, US Army Retired
Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

"We do not quit being active because we grow old; we grow old because we quit being active"

   

From: dbm-fast-...@googlegroups.com [mailto:dbm-fast-...@googlegroups.com] On Behalf Of Vijay
Sent: Wednesday, August 25, 2010 12:18 AM
To: dbm-fast-...@googlegroups.com
Subject: Re: AGENDA FOR 25 AUGUST MEETING

 

Dick,

image001.gif

Vijay

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Aug 25, 2010, 3:24:15 AM8/25/10
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Jenny was the missing member, if I remember it correct she also got a job.
image001.gif

Richard Brezovec

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Aug 25, 2010, 3:43:53 AM8/25/10
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Vijay,

Thanks, it was Jenny and if she got a job, that might mean we are losing Jenny, Frank, and possibly Kenny, leaving just you, Ron, and I.  We should therefore see if we can get Diana, at the DBM site to help us fill if for those that get jobs as if we can keep our networking group between 5-10, we will be in a much better position to help each other out.

image001.gif

Jenney Mak

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Aug 25, 2010, 11:12:08 PM8/25/10
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Hi all,

Yes, I started my new "contract" job last Mon 8/23... keep figures crossed.

However, I wouldn't mind being cc'd on all of your progress.

Thanks and take care!

-Jenney
 ------------------------------------------------------
Jenney Mak, PMP
Principal
Information Technology & Program Management
Focus on Financial Services & Healthcare/Insurance
408-666-9451(c)
juan...@yahoo.com
http://www.linkedin.com/in/jenneymak



From: Richard Brezovec <dick.b...@gmail.com>
To: dbm-fast-...@googlegroups.com
Sent: Wed, August 25, 2010 12:43:53 AM
Subject: RE: AGENDA FOR 25 AUGUST MEETING

Vijay,

Thanks, it was Jenny and if she got a job, that might mean we are losing Jenny, Frank, and possibly Kenny, leaving just you, Ron, and I.  We should therefore see if we can get Diana, at the DBM site to help us fill if for those that get jobs as if we can keep our networking group between 5-10, we will be in a much better position to help each other out.

 

 

Richard T Brezovec Sr.
LTC , US Army Retired


Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

"We do not quit being active because we grow old; we grow old because we quit being active"

   


From: dbm-fast-...@googlegroups.com [mailto:dbm-fast-...@googlegroups.com] On Behalf Of Vijay
Sent: Wednesday, August 25, 2010 12:24 AM
To: dbm-fast-...@googlegroups.com
Subject: Re: AGENDA FOR 25 AUGUST MEETING

 

Jenny was the missing member, if I remember it correct she also got a job.

On Wed, Aug 25, 2010 at 12:22 AM, Richard Brezovec <dick.b...@gmail.com> wrote:

Vijay,

Thanks for verifying your attendance, so far it looks like you, Ron Coll, and myself will be on the call, hopefully we can get the remainders outside of Kenny and possibly Frank that look like they will not be able to attend.  If I remember correctly, we have 6 of us on the team,

  1. Dick Brezovec, me
  2. Ron Coll
  3. Kenny
  4. Vijay, you
  5. Frank,
  6. Don’t remember the name of number six, do you remember?

 

 

Richard T Brezovec Sr.
LTC , US Army Retired

 

 

Richard T Brezovec Sr.
LTC , US Army Retired


Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

"We do not quit being active because we grow old; we grow old because we quit being active"

   




--
Thanks n Regards,
Vijay
408 789 7224

Vijay

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Aug 25, 2010, 11:41:31 PM8/25/10
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Thanks Jenny for the Update, All the very best in your new position.

Dick/ Ron:
There is an opening for PERL scripting and Testing opportunity a lady by Sonali will call Dick, I shared your contact number to her.
If she did not call you by tomorrow please let me know I can introduce you both in an email with your contacts again.

Regards,
Vijay

Richard Brezovec

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Aug 26, 2010, 4:20:03 AM8/26/10
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Team,

Wednesday’s noontime meeting started at noon with Vijay and Dick in attendance.  Being as only Vijay and Dick were on the call, Vijay suggested that we drop the conference call and I than called Vijay directly.  During this meeting, I basically brought Vijay up to date on my lay off from Lockheed Martin back on 16 April and my experience in applying for WARN Act payment based on the WARN Act shown below:

 

WARN ACT

The Worker Adjustment and Retraining Notification Act (WARN Act) of 1986 was effective February 4, 1989. The WARN Act requires employers which meet certain size requirements to give 60 days' advance notice of closure or mass layoff. The employers are required to give the advance notice to:

o  the representative of the employees or to each affected employee if there is no employee representative,

o  the State dislocated worker unit of the Job Training Partnership Act (for EDD this is the Rapid Response Team) and

o  the chief elected official of the unit of local government within which such closing or layoff is to occur.

The WARN Act provides that if an employer fails to provide the 60 days' notice as required, the employer is liable to each aggrieved employee for back pay for each day of the violation and for benefits provided under an employee benefit plan. The employer is liable for up to 60 days' back pay maximum, but not more than one-half the number of days the employee was employed by the employer.

The WARN Act does not provide for any administrative penalties for failure to give the required notice. An employer who violates the provisions of the WARN Act is subject to civil penalties. Thus, if an employer fails to give the required notice of closure or mass layoff, an employee would have to file suit in court to request the back pay.

The amount of notice an employer is required to give can be reduced under certain circumstances, e.g.:

o  sale of the business;

o  natural disaster. There are circumstances that exempt employers from having to provide the notice. For example:

o  the company is closing a temporary facility

o  a project is completed and employees were hired with the understanding that the employment was of a limited duration

o  there is a strike or lockout

In enacting the law, the Congress inserted a statement encouraging employers to provide notice to employees of any proposed closure or mass layoff even though they are not required by the WARN Act to give notice.

 

Section 1265.1 of the UI Code was enacted January 1, 2002, with the passage of Senate Bill 40 (SB 40). Section 1265.1 reads as follows:

"Notwithstanding any other provision of this division, payments to an individual by an employer who has failed to provide the advance notice of facility closure required by the federal Worker Adjustment Renotification and Training [sic: the actual name is Worker Adjustment Retraining and Notification] (WARN) Act (290 U.S.C. Sec. 1201 et seq.) shall not be construed to be wages or compensation for personal services under this division, and benefits payable under this division shall not be denied or reduced because of the receipt of payments related in any way to an employer’s violation of the WARN Act."

Section 1265.1 of the Code specifically states WARN Act pay will not be construed to be wages. However, prior to the passage of Section 1265.1 of the Code, if an employer failed to give the required 60-days' notice and paid employees for the lack of notice, the WARN Act pay would constitute in-lieu-of-notice pay and was considered wages for unemployment insurance purposes. The wages were allocable to the period immediately following the last day of work through the number of days paid for the lack of notice.

Due to the passage of Section 1265.1 of the Code, effective the week in which the bill was passed, which begins December 30, 2001, in-lieu-of-notice pay will no longer be considered wages.

The department interviewer does not have to determine whether an employer is subject to the provisions of the WARN Act. If the claimant reports he/she is receiving WARN pay or the employer reports making payments to the claimant in compliance with the WARN Act, the payment will be treated as follows:

o  WARN Act Payments allocable to any period prior to December 30, 2001, will be considered wages.

o  WARN Act Payments that begin prior to December 30, 2001, and extend beyond that date, will only be considered wages for the period through December 29, 2001. Therefore, all disqualifications for receipt of WARN Act Payments will end on December 29, 2001.

o  WARN Act Payments allocated to the period beginning December 30, 2001, and continuing will meet the provisions of UI Code Section 1265.1 and will not be considered wages for unemployment insurance purposes.

 

I outlined the procedure I followed in applying for WARN Act payment.  I first learned of the WARN Act on Wednesday 21 April while attending a presentation by representatives of the San Jose EDD office and learned that the WARN Act  above provided for unemployment payment benefits starting the day you were first notified that you would be laid off in 60 days.  I applied on Friday 23 April, but on 11 May I received notification that my application was denied due to the fact that I did not apply within the first 30 of being notified of my lay off.  I than filed an appeal stating that I only recently hear about being eligible for unemployment insurance immediately after being laid off and properly applied.  I was than given a court date and went before a state unemployment insurance judge and mentioned that as a technical worker, I was not aware of the laws of California governing unemployment insurance payments and applied shortly after learning of these laws.  Even through I arrived in front of the judge one hour after I was scheduled to appear, a week later I received notification that I was indeed entitled to unemployment payment from the date of my WARN Act notification and a month later I received 4 $950 checks to cover my unemployment insurance for the 60 days prior to my actual layoff.

 

The lesson learned out of this experience is not to put “your tail between your legs when denied, but to appeal the denial”.  In my case by doing so, I received an additional $3,800 in unemployment benefits.  None of us as technical workers can be expected to know the employment laws of any state, let alone the state of California’s labor laws and this is the point that has allowed me to win my appeal.

 

Our next meeting will be on Wednesday 1 September, so mark it on your calendar.

 

 

Richard T Brezovec Sr.
LTC, US Army Retired
Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

"We do not quit being active because we grow old; we grow old because we quit being active"

   

From: dbm-fast-...@googlegroups.com [mailto:dbm-fast-...@googlegroups.com] On Behalf Of Kenny Geng
Sent: Wednesday, August 25, 2010 12:00 AM
To: dbm-fast-...@googlegroups.com
Subject: Re: AGENDA FOR 25 AUGUST MEETING

 

Hi Dick,

image001.gif

Richard Brezovec

unread,
Sep 1, 2010, 4:53:53 AM9/1/10
to dbm-fast-...@googlegroups.com, dimdim...@dimdim.com

Team,

Below is our meeting Agenda for Wednesday 01 September.  If you can not attend our meeting in person at the DBM site, please dial into it with the conference call number below:

 

NOTE: Please acknowledge your attendance status via return email

Meeting : FAST TRACK TEAM MEETING

 

Dial In: 702-473-3463

Pass Code: 633853

Start Time: 1200 (noon) hrs PDT Wednesday 25 August 2010

 

 

NOTE: Due to the fact that once again only two of us attended last week noontime meeting on 25 August, we will try to follow the Agenda shown below.  Hopefully more can attend and bring each other up to date on the 3 major subjects, especially topics I and II, which we really didn’t discuss last week and didn’t get any emails back from anybody on their thoughts.  I plan on attending at 1300-1600 hour workshop at the Sunnyvale EDD department on “Negotiating the Offer”, so I hope to conclude our noontime meeting around 1245 hours and possibly sooner if we can all dial in at noontime to start.

 

I.                    Since some of us are interviewing and might be getting a job offer, need to know if each of you think holding our weekly meetings via our conference call phone number and pass code would be preferable to meeting at the DBM site?

 

II.                 If it is decided to meet by using our conference call phone number and pass code, would a noontime Monday meeting be preferred to start out our week?

 

III.               Each person attending the meeting introduces themselves and tells what they have been doing during the past week, which should include the following information:

1.      Do you plan to pursue NOVA paid training?

2.      Are you taking advantage of free EDD workshops and classes?

3.      Do you find the EDD workshops and classes valuable to you?

4.      Which EDD office are you registered with?

5.      Have you developed a good resume approved by your DBM advisor?

6.      Have you developed a good Marketing Plan approved by your DBM advisor?

7.      Are you currently using the above two tools in actively pursuing gaining employment?

 

IV.              Sum up what we learned from each other and make suggestions for what we need to accomplish in the coming week.

 

 

Richard T Brezovec Sr.


LTC, US Army Retired
Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

image001.gif

Frank Cast ro

unread,
Sep 1, 2010, 10:48:09 AM9/1/10
to dbm-fast-...@googlegroups.com
Hey Team,
Working and can not attend the Fast Track meetings.
I don't mind the emails.

Good Luck Team
Frank Castro

--- On Wed, 9/1/10, Richard Brezovec <dick.b...@gmail.com> wrote:

 

 

Richard T Brezovec Sr.
LTC , US Army Retired


Cell: 408-205-9033
"Building bodies from the ground floor up is our objective!"

image001.gif

Kenny Geng

unread,
Sep 1, 2010, 1:05:03 PM9/1/10
to dbm-fast-...@googlegroups.com
Hi Team,
 
I had a previously scheduled meeting with my DBM advisor at 1pm today, but when I just called to confirm, I was told the meeting has been moved to 12 noon today. I'm so sorry that I'm going to miss our call again today. Wish you guys have a good discussion.
 
Kenny

image001.gif

Richard Brezovec

unread,
Sep 1, 2010, 4:00:24 PM9/1/10
to dbm-fast-...@googlegroups.com, dimdim...@dimdim.com

Team,

Nobody dialed into today’s call,  but did receive an email from Frank and Kenny saying they would not be able to attend our meeting due to other commitments in this time slot.   

 

However, do to the light attendance at our previous two Wednesday noontime meetings, we need to deal with the top 2 Agenda items shown below:

 

I.                    Since some of us are interviewing and might be getting a job offer, need to know if each of you think holding our weekly meetings via our conference call phone number and pass code would be preferable to meeting at the DBM site?

 

Based on the attendance the past two weeks, I am assuming that none of us find it convenient to meet at the DBM location, so I am assuming that if we continue to meet, it will be on our conference call.

 

 

 

II.                 If it is decided to meet by using our conference call phone number and pass code, would a noontime Monday meeting be preferred to start out our week?

 

Based on the fact that attendance at our Wednesday noontime meeting has been so light, I am thinking that either Wednesday at noon is not convenient, so I guess the next question to ask is; Can someone suggest a better day and time slot they think would work better for all?  I would suggest Monday at either 1100 hrs or noontime. 

 

Please reply back to these two Agenda items so that I can determine the best day and time slot or even if you feel that since at least 2 and possibly 3 of us now have jobs that we no longer need to meet weekly and maybe monthly would be better. 

 

NOTE: I will not be available for the next two upcoming meetings of 8 September and 15 September as I will be attending a class on these days.  If any of the rest of you want, one of you can host our regularly scheduled meeting on these days and I should be able to resume myself on Wednesday 22 September.

 

 

 

NOTE: Please acknowledge your attendance status via return email

Meeting : FAST TRACK TEAM MEETING

 

Dial In: 702-473-3463

Pass Code: 633853

Start Time: 1200 (noon) hrs PDT Wednesday 25 August 2010

 

 

NOTE: Due to the fact that once again only two of us attended last week noontime meeting on 25 August, we will try to follow the Agenda shown below.  Hopefully more can attend and bring each other up to date on the 3 major subjects, especially topics I and II, which we really didn’t discuss last week and didn’t get any emails back from anybody on their thoughts.  I plan on attending at 1300-1600 hour workshop at the Sunnyvale EDD department on “Negotiating the Offer”, so I hope to conclude our noontime meeting around 1245 hours and possibly sooner if we can all dial in at noontime to start.

 

III.               Since some of us are interviewing and might be getting a job offer, need to know if each of you think holding our weekly meetings via our conference call phone number and pass code would be preferable to meeting at the DBM site?

 

IV.              If it is decided to meet by using our conference call phone number and pass code, would a noontime Monday meeting be preferred to start out our week?

 

V.                 Each person attending the meeting introduces themselves and tells what they have been doing during the past week, which should include the following information:

1.      Do you plan to pursue NOVA paid training?

2.      Are you taking advantage of free EDD workshops and classes?

3.      Do you find the EDD workshops and classes valuable to you?

4.      Which EDD office are you registered with?

5.      Have you developed a good resume approved by your DBM advisor?

6.      Have you developed a good Marketing Plan approved by your DBM advisor?

7.      Are you currently using the above two tools in actively pursuing gaining employment?

 

VI.              Sum up what we learned from each other and make suggestions for what we need to accomplish in the coming week.

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