Lawyers, Answer Questions  & Get Points Log In
Washington Questions & Answers
1 Answer | Asked in Employment Law for Washington on
Q: Question about resignation from a job. 9. Termination 9.2 Termination without cause by either party

The clause follows 9.2 as

"Without cause, upon 120 days' prior written notice by either party."

Does this mean that to resign I must give 120 days notice? Since it says "by either party".

Brad S Kane
Brad S Kane
answered on Apr 28, 2022

If the employee fails to give 120 days notice as required in the employment contract, then there is a possibility that an employer might sue for the extra cost of finding a replacement for the period for which notice was not given. In my experience, employers very rarely sue to recover that... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Washington on
Q: Does this fall into tort of outrage or intent to inflict emotional damage?

Incident:

They took her into their office, stated they would be happy to meet with her alone and only alone, while knowing she was in and out the hospital, to bully her, and told her she was treated differently than her neighbors, because I, her daughter, spoke out about gentrification.... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2022

A Washington attorney could advise best, but your question remains open for a week. It looks like you're talking about the tort of intentional infliction of emotional distress. To meaningfully answer your question, you could reach out to law firms to discuss. It could be one thing for a matter... Read more »

1 Answer | Asked in Probate for Washington on
Q: Grandmother passed in WA 2013. Executor never contacted me but siblings and cousins inherited. How do I see the will?

Executor is in AK, where I also live. I do not know if I should have been contacted or if I should have inherited. There was a will and I would like to see it. Executor has always been unresponsive.

Keith Armstrong
PREMIUM
Keith Armstrong
answered on Apr 27, 2022

Alaska Native. It would depend on what your grandmother's Will says to determine if you should have received notice or inheritance. If no Will, then her heir (her children/spouse) would inherit under intestate laws. No grandchildren would automatically be included, could be, but not... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Washington on
Q: Are mold cases ever successful?

Tenants in our building have chronic health issues. Signs of mold and water damage everywhere. Bursting pipes ignored. One tenant had professional testing done which yielded positive for toxic mold. Can these results be used for all tenants? Are mold cases ever successful?

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2022

A Washington attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, they can be difficult cases. Some law firms are reluctant to take them on because things are not as clear-cut as more traditional accident cases involving clearly definable damages... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Sexual Harassment for Washington on
Q: How much will a lawyer charge to represent me in a sexual abuse claim against a Catholic priest in Seattle?

I know a lawyer won't charge me up front I just want to get an idea of how much he would take when I win my case. Thank you

Steve Dashiak
Steve Dashiak
answered on Apr 21, 2022

The standard fee for personal injury cases, including sex abuse cases, is 1/3 of the total recovery plus costs advanced. If the matter goes to litigation, the fee goes up to 40% plus costs advanced.

I commend your bravery in coming forward to get some justice. I wish you the best.

1 Answer | Asked in Criminal Law for Washington on
Q: If a detective is calling you for months trying to get you to come down wouldn't they just arrest you instead of trying

If they had serious allegations against you wouldn't they just arrest you instead of trying to call you for months to interview you

Brent T. Geers
Brent T. Geers
answered on Apr 21, 2022

Depends...the standard to charge someone with a crime is probable cause. Often, they do not have that until, ironically, a suspect voluntarily talks with police, and usually in an attempt to clear their name.

It's quite possible that the police do not (yet) have probable cause for the...
Read more »

2 Answers | Asked in Employment Law for Washington on
Q: cpr class scheduled during my normal sleep time against the law?

so i work nights and my employer has scheduled a cpr class during the time I'm supposed to be sleeping and I'm supposed to work a 12 hour shift that night can he fire me if i don't show up to the class, this is in Washington state if that helps

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 19, 2022

Assuming you're over the age of 18, your employer can require you to attend both the class and your shift. There are no federal laws that mandate any break times or sleep times, but if this becomes a repeated issue, you should discuss your concerns with your supervisor and request that... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: How do I prove a common law name change to my employer?

I live in Washington State. I have gone by my middle name now for more than 30 years. My employer requires that my birth certificate name appear on my Outlook and the program our company uses to manage clients. With my close co-workers, this doesn't matter, but there are enough people I... Read more »

Brad S Kane
Brad S Kane
answered on Apr 17, 2022

In Washington state, while a common law name change based on usage is recognized, changing the name on your birth certificate requires a court order. The process is relatively inexpensive costs a few hundred dollars. For more info, go to:... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: My employer is based in Virginia but my client is in Washington state.

My employer is based in Virginia but my client is in Washington state. I have been residing in Washington for last 2.5 years for my assignment. Am I entitled to get Washington State paid sick leave from my VA employer?

Brad S Kane
Brad S Kane
answered on Apr 15, 2022

Yes. The law of the state where the employees resides controls.

2 Answers | Asked in Criminal Law and Family Law for Washington on
Q: I have a detective and adult services checking on my mom because she took out 50,000 out of her bank America account

My m moved in about 6 months ago and got a settlement and I went to the bank with her about 2 months ago and she withdrawn 50 thousand and now I have a detective and adult services at my door what should I do I haven’t done anything wrong my moms old doctor ordered her to get tests done for some... Read more »

Jason Powers
PREMIUM
Jason Powers
answered on Apr 14, 2022

You need to call a lawyer. APS thinks you had her get the money for your benefit. They might try and remove her from your care and send charges to a prosecutor. I suggest you call a local criminal law attorney and meet with them. This need to be done before you and or mom meet with them. Also,... Read more »

View More Answers

Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

View More Answers

1 Answer | Asked in Products Liability for Washington on
Q: Do I have case if I had a artificial disc surgery and have not been able to work since 2009 because of the disc itself?

The disc is called the charite artificial disc. I was sold on it that it would fix everything. But it's been mostly lots of pain since I had the surgery and have not been able to work since I had it done. It also needs to come out and I need to get a fusion surgery. The revision surgery is... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2022

A Washington attorney could advise best in accordance with state-specific laws, but your question remains open for two weeks. You describe not being sure of what to do. As a starting point, you could reach out to product liability attorneys to discuss. If they felt you could have the basis for a... Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: I was charged and sentenced for DUI even though I was walking

I had parked my car and was walking home when I was arrested charged and sentenced for DUI this is from almost 20 years ago

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 21, 2022

So what is your question?

If you have already charged and either plead guilty to the DUI or was found guilty at trial What are you seeking?

1 Answer | Asked in Real Estate Law for Washington on
Q: I have 2 properties side by side each with a parcel Number. Can I sell as one? will the parcels retain their P numbers

Trying to avoid paying closing cost on 2 different properties and possible capital gains. This is in Washington State, Skagit County.

Renee Louise Roman
PREMIUM
Renee Louise Roman
answered on Mar 21, 2022

If each property has its own parcel number, yes, you can sell them together to one buyer, but they will retain their original parcel numbers. You will need to pay closing costs on both properties. To find out about possible capital gains, you should consult a CPA and they can advise you according... Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: If charged with DUI is it mandatory to get IID device or can a person not obtain the IID and not drive in meantime

If charged with DUI can you not obtain a IID device and not drive in the meantime and still get your license back. Or is IID device required to obtain license back again? Hope my question makes sense. Thank you!

Stan Glisson
Stan Glisson
answered on Mar 17, 2022

Unfortunately there isn't one answer for all cases. The answer depends on the court orders, the DOL's action, and whether there are prior offenses.

Certainly someone who isn't driving never needs an IID. But sometimes the judge will order IID as a condition while the case is...
Read more »

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Dad passed away with no will, Do I have to go through probate?

The only heirs are me and my sister, she's in another state and cannot come down to washington. my dads house is paid off and I want to keep the house. my sister has agreed to sign a waiver to give me the house. Do I have to still go through probate? If I do, do I have to go through personal... Read more »

Keith Armstrong
PREMIUM
Keith Armstrong
answered on Mar 16, 2022

Hi, Washington resident. Since this estate has real estate, you will have to go through probate. You make arrangements to keep the house, but there needs to be some funds to pay for the probate costs and possible tax return. Something has to be sold from the estate to proceed with paying for... Read more »

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Washington on
Q: My house was sold in a foreclosure sale. There is 45k in excess funds held in the court registry.

For years, then turned over to the Dept of Revenue in Sept of 2020. There's a judgment filed by Chase bank with 0 balance. How do I get my money released to me.

Renee Louise Roman
PREMIUM
Renee Louise Roman
answered on Mar 14, 2022

You will need to contact an attorney who is familiar with this process, someone who can review the status of your claim and petition for release of these funds from the court registry. Through this process, judgment creditors of record (if any) will be notified, after which the funds can be... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: If I am experiencing COVID symptoms and have a doctors note can the courts issue a warrant for me not being present
Patrick Owen Earl
Patrick Owen Earl
answered on Mar 9, 2022

I have found that if you were to provide this information to the court (usually through your attorney) the court/Judge will allow the continuance. You have an attorney RIGHT?

1 Answer | Asked in Criminal Law for Washington on
Q: I can't get my felonies expunged (19 yrs ago) cause I owe fines. Is there a way around that with statue of limitations?

It's about $5k and never received a bill or a notice or anything.

Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

Not usually, no. Generally court fees and fines will follow you. Best to find a way to pay them or see if your court is willing to put you on a payment plan.

1 Answer | Asked in Probate for Washington on
Q: I’m on my moms bank account. She just passed away, she has no will or power of attorney. Who gets that money?

Mom has just two daughters. Legally separated. Sister is trying to go to court to fight for the account.

Renee Louise Roman
PREMIUM
Renee Louise Roman
answered on Mar 7, 2022

This may depend on how the bank account was set up. If it was a joint bank account with right of survivorship, you may be entitled to the funds. However, there may also be other factors that determine who would inherit this money. It is best to consult a probate attorney who can explain the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.