Malcolm Hiett/ Yosemite Terrace Estates Yosemite Westlake Campground/ RV Park BEWARE OF THIS MAN AND HIS IMMORAL, FRAUDULANT AND ILLEGAL BUSINESS PRACTICES Coulterville, California

In September of 2012 I filed a claim for unemployment benefits with EDD after being unlawfully terminated as manager of Yosemite Terrace Estates only to discover that my employer, Malcolm Hiett had failed to meet his legal requirements to report my compensation for tax years 2011 and 2012 to the State of California and the IRS as required by law. Not only did he fail to report my monetary earnings, he also failed to report the free housing and full utility benefits that I received for my employment, that included telephone, internet access, water, trash, sewer, propane, and electricity. Under California Industrial Welfare Commission Order #2002-5 which regulates the Public Housekeeping Industry that includes mobile home parks, the value of housing provided to a single employee required to live on site is stipulated and is a taxable employee benefit worth $451.89 per month and utilities as a housing benefit are also taxable at actual value. The total average value of the free housing and utilities exceeded $800 per month in addition to monetary hourly earnings.

When I won the wage claim against Mr Hiett and Yosemite Terrace Estates, he was ordered to make all deductions and report earnings which he has obviously failed to do.

After having my claim initially denied because of lack of reported earnings on record, I contacted EDD and they eventually reversed my letter of non eligibility, but I had to appeal the wage record because it did not include the other taxable benefits I received for my compensation. Then, my employer Malcolm Hiett replied to the filed claim by stating I had been terminated because of misconduct and also because I was physically unable to work. His statement included many false and outrageous allegations that clearly violated my employee rights under California Labor Code 1102.5 (a), (b), (c), (d). His statement that I was physically unable to work was also incredulous as he had no medical reports, employee files, or any other verifiable documents to justify his statement that clearly violates the Americans With Disabilities Act  (ADA) that regulate employee rights against harassment, discrimination, and retaliation , and also employers obligations towards employees.
By making these ridiculous statements in violation of ADA laws, he has opened himself up for another complaint and investigation against him with the ADA, and increased/ expanded my claim for retaliation and unlawful termination with the State of California.

I received notification that a hearing was scheduled for February 6, 2013 on Monday, February 4, 2013 and in less than two days I prepared more than 300 pages of documents to rebut his claims, however Mr Hiett had made these allegations denying me unemployment benefits approximately 2 months prior, in December 2012, and had more than adequate time to provide proof of his allegations.

In reality, Mr Hiett didn't bother to appear at the scheduled hearing and was not available to give testimony under oath to substantiate his allegations and make any statements or provide any sort of proof to substantiate his false allegations. In his allegations Mr Hiett claimed that my son had given him much of the information, but my son took the time and put out the effort and expense to travel 450+ miles to provide witness testimony denying Mr Hiett's allegations. If my son can travel that far and make the effort, and Mr Hiett can't...what does that tell you?

In any case, the Administrative Law Judge ruled in my favor and overturned the determination of ineligibility that was originally made based on Mr Hiett's false allegations. The Judge ruled that Mr Hiett had failed to meet the burden of proof of his allegations and also ruled that none of his false allegations met the criteria for being regarded as misconduct under California Law. In regards to the other issue listed for originally disqualifying me from collecting unemployment benefits was Mr Hiett's additional false allegations that I was physically unable to work, was unavailable for work, or able to look for work due to my physical disabilities. This too was addressed by the Judge who ruled against Mr Hiett as he failed to provide any sort of proof to substantiate his false allegations and overturned the EDD decision based upon Mr Hiett's false claims. Now I am waiting for EDD to send me more than 20 weeks of benefits that were delayed by Mr Hiett's false allegations.

The victory that was won in the appeal for unemployment benefits is far more valuable than the monetary award in itself. The victory will also serve my retaliation complaint and unlawful termination complaints filed with the Labor Commissioner and the Dept Fair Employment and Housing in that it proves I was not terminated for misconduct as Mr Hiett alleged.

Mr Hiett also made allegations in his declaration to the Judge that he had pictures of me moving heavy furniture when I was moving out of my residence. This is probably true as I am a large powerful man, but what he fails to mention is that this occurred in March of 2012, more than 6 months after I injured myself falling through the rotten porch of the office and that after I was suspended in September of 2011 and finally terminated in December of 2011. Once he terminated me, I was still a tenant in his personally owned home and subject to rights of privacy under California Landlord/ Tenant Laws. Additionally, I also owned a home directly across the street and had rights to privacy as a homeowner under California Department of Housing and Community Development regulations pertaining to California Mobile Home Residency Laws, Title 25 Regulations and civil codes. Mr Hiett has violated my rights to privacy while I have every legal right to post complaints as an employee, homeowner, and as a whistle blower under Federal Whistle Blower Laws and State regulations. By monitoring tenant movements and keeping them under surveillance is a violation of privacy rights and is discrimination and harassment because the tenant or resident is being treated differently than other tenants/ residents.

You have to know that I was confident that given the right amount of rope, Mr Hiett would hang himself with it through his incredible and false allegations, and I was also confident that Mr Hiett could not prove anything he said. It has been a long and arduous process but it is progressing slowly but surely.

Another one down and won with many more steps to go. Hang on tight Mr Hiett, things are just starting to heat up and hopefully you will be held accountable for all your transgressions and violations of law, employee rights, tenants rights. I hope you are not too ticklish because this situation is certainly going to get pretty ticklish for you as it progresses.

Mr Malcolm Hiett, owner/ manager and designated officer of Yosemite Terrace Estates, LLC has made a rebuttal to my posting of his and his wife's unlawful business practices by stating that " Mike Fulkerson is a liar" in his headline, and then goes on to state that "the man posting this complaint is a criminal, a simple search on GOOGLE of his name will show his criminal history of how he gets hired by mobile home parks, claims discrimination, injuries and then attempts to extort money from them. He has six figure judgements against him for previous criminal activity and any statement he makes in here about the Yosemite mobile home park are scandalous, defamatory, illegal, and should be utterly dismissed."

Mr Hiett also states "Fulkerson has a judgement against him on bankruptcy (denied) where he tried to perform another bankruptcy to avoid paying his bills."

"The man is a pathological liar, a criminal and like all criminals, the law will catch up to him and he will be held accountable for his actions."

My first reaction to this was almost uncontrollable laughter, thinking to myself...what an absolute idiot Malcolm Hiett is. My rebuttal to his off the wall rebuttal calling me names and insulting my integrity follows.

First of all, he is calling me a criminal which is a complete fabrication as I have never been convicted of a crime...so what is his validation for calling me a criminal? In actuality, I am an honorably retired California Sworn Peace Officer who was retired on Industrial Disabilty for injuries received in the line of duty. To become a California Peace Officer, you must undergo an exhaustive background and criminal investigation from state investigators and the Department of Justice.

I am also a California licensed Realtor and have undergone a separate Department of Justice background investigation and criminal background check before my license was granted after also passing a written test. I also had to undergo another Department of Justice background investigation and criminal background check before receiving an appointment as a California Notary Public and again when I applied for a California Vehicle Salesman's License. So, that being said there doesn't appear to be any sort of criminal background history as alleged by Mr Hiett, and I am not aware of any criminal convictions.

As an honorably retired California Peace Officer I enjoy the legal authority to carry a concealed weapon anywhere in California without the restrictions imposed on a concealed carry permit for a private citizen endorsed by a California County Sheriff. A pathological liar Mr Hiett? It would appear to me and to any reasonable person that it is you that is the liar and your attempt to change the focus of this complaint onto me instead of you is laughable at best, Strike One on Mr Hiett.

Secondly, Mr Hiett is grossly incorrect in his allegation in that I have never filed a claims discrimination against any previous employer as Mr. Hiett alleges. On one occasion I offered guidance for two female employees who did file sexual discrimination complaints against another Corporate supervisor, and by doing so I was also protected from retaliation and discrimination under California Labor Laws. While I have filed prior Industrial Injury/ Workers Compensation claims for which I have been awarded a lifetime tax free Industrial Disability Retirement Annuity from CALPERS with lifetime health and dental benefits, Mr Hiett had knowledge of this when I applied for residency in his mobile home park upon the purchase of a home there. Strike Two on Mr Hiett.

Mr. Hiett has claimed I have a 'judgement' against me on bankruptcy. While I did file a Chapter 7 Bankruptcy petition in the Nevada Bankruptcy Court, I failed to obtain the required bankruptcy counseling class prior to the filing but applied for a waiver when filing. At the initial meeting of creditors I was advised that my Nevada residency missed the required timeline by 2 weeks prior to filing but that by the time of the hearing I had more than met the residency requirement and was advised to abandon the current filing and refile my petition.

Because of this advice offered by the court, I did not pay the filing fee installments as scheduled, and my request for waiver regarding the bankruptcy counseling class was denied and was again advised by the bankruptcy court to refile a new petition. Based on these issues the Bankruptcy petition was denied but left me the ability to refile at any time. I have 6 months from the date I took the required counseling classes to refile, or take the class again at a cost of $15.00 if I file another petition after the expiration of that timeline.

I guess this makes me a bad guy in Mr Hiett's eyes as he is lucky enough to have wealthy in laws that keep him a float during harsh financial times. Maybe Mr Hiet is ignorant of the fact that the economy has been in the toilet with record numbers of foreclosures in the worst depression since the 1930's great depression, and that bankruptcy filing records have also been set each year since 2008 where millions of people have ended up in Bankruptcy having lost their jobs and their homes. I guess all of these people are criminals too as they don't meet your guidelines of being a good person, at least to your way of thinking.

The whole reason for the filing of the bankruptcy petition was to dig myself out of the financial hole that Mr and Mrs Hiett have placed me in through their unlawful business practices and failure to meet their legal requirements. Despite losing approximately $13,000 in mortgage interest payment write offs that Mr and Mrs Hiett have deprived me of as well as an additional $5,000 for the one time write off for the purchase of a home under the Federal Recovery and Investment Act that expired soon after I purchased my home from them, and resulted in substantial fines and penalties from both the IRS and California Franchise Tax Board for several thousands of dollars.

Mr Hiett is correct in his statement that the law will indeed catch up...but to him, not me. This guy is too much of an idiot to realize that his rebuttal statement and allegations not only violate my rights to privacy as a resident homeowner in his mobile home park, but also as an employee. Additionally, all of my statements can be made public because they have been documented in actual complaints filed with government agencies and are protected under California Employment Laws while Mr Hiett has not made any criminal or civil complaints against me to my knowledge.

Mr Hiett is evidently ignorant and certainly oblivious to California Labor Code Section 1102.5 (a), (b), (c), and (d) that prohibit an employer from suspending, terminating, demoting, or disciplining an employee for exercising their rights under California Labor Laws or speaking/ making a complaint with a government agency as I have done and documented several times prior to termination. His continuing retaliatory actions against me will be forwarded to the Deputy Labor Commissioner who is actively investigating my complaint, especially his allegations that I Have been criminal in obtaining employment and filed claims against previous in an attempt to extort money from them. While this accusation s completely false and without merit, it also violates my employee rights under California Labor Code #1102.5 (d) which states that "an employer may not retaliate against an employee for having exercised his or her rights under subdivision (a), (b), or (c) in any former employment."

I do apologize to Mr and Mrs Hiett for having more knowledge of California Labor Laws and Workers Compensation Laws than they do and for not being a self proclaimed member of the Christian mentality and culture they think makes them superior human beings. I guess in their minds I am a criminal for having the knowledge and ability to stand up for my employee rights and hold them accountable for their calculated misdeeds. Whatever they believe, may god bless them and save them from their ignorance. That word ignorance certainly does suit them though.

So, what is that? Strike three. four, five six, or more? The downside is that you are out of it. I would challenge you to take a lie detector test on any complaint I have made and filed with any state or government agency and I will answer the same questions as you do and we will see who the pathological liar is. You have accused me of being a liar, so you pay for the tests and we will see what's what.

Put up or shut up Mr Hiett. You have certainly far exceeded my expectations of ignorance and hopefully the State Investigators will see through your lies and line my pockets as you attempt to do by cheating and abusing your tenants and residents. Stand up and be a man, take responsibility for your misdeeds and move on.

It's too bad that you cannot be sent to prison for your actions. You certainly deserve the time.

The man posting this complaint is a criminal, a simple search on Google of his name will show his criminal history of how he gets hired by mobile home parks, claims discrimination, injuries and then attempts to extort money from them.  He has 6 figure judgements against him for previous criminal activity and any statements he makes in here about the Yosemite mobile home park are scandalous, defamatory, illegal and should be utterly dismissed.

Fulkerson has a judgement against him on bankruptcy (denied) where he tried to perform yet another bankruptcy to avoid paying his bills.

The man is a pathological liar, a criminal and like all criminals, the law will catch up with him and he will be held accountable for his own actions.