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Washington Employment Law Questions & Answers
0 Answers | Asked in Employment Discrimination and Employment Law for Washington on
Q: can a therapist working as a w2 employee only be paid if a client pays the practice?

therapists are w2 employees, practice isn't paying unless the client pays the practice, even though the therapist saw them and provided services. essentially practice is saying therapists don't get paid unless the practice does. they also are not paying us for breaks. they are requiring... View More

0 Answers | Asked in Employment Law for Washington on
Q: i am a w2 full time employee in washington state. my employer isn’t paying me if patients don’t pay them.

they also don’t pay me sick leave or breaks or for required meetings.

0 Answers | Asked in Employment Law and Libel & Slander for Washington on
Q: Is this considered Libel action by my former employer?

I recently resigned from the chiropractic office I worked at for the past 12 years to start my own practice. It was brought to my awareness from a client of mine that my former employer is sending emails to all of the patients stating that I will be "taking family leave to spend time with my... View More

0 Answers | Asked in Employment Law for Washington on
Q: Skipped over for a promotion, but the outside hire does not have the required experience that was stated in my denial.

I’m a teacher at an alternative learning school that is run by a large corporation. We do not have a union. Four members of our team internally applied for a promotion. After the interviews, the job went unfulfilled for weeks. Then I was suddenly told that I was not selected for the position. I... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Washington on
Q: Can my company pay me my 401k balance via extra hours worked on my checks?

For 1 year I got 60-90hrs extra on each check I figured it was them paying out stocks do to the company being sold and changing from employee owned to non, I just got a letter that states my 10k I had in my 401k is now at 0.00 this is the first mention of my 401k I have received

James L. Arrasmith
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answered on Jan 26, 2024

In addressing your question, it's important to understand that 401(k) plans are subject to specific regulations under the Employee Retirement Income Security Act (ERISA). Generally, these plans are not designed to be paid out through extra hours worked or through your regular paychecks. Such... View More

1 Answer | Asked in Employment Law for Washington on
Q: My deductions were taken but not deposited into FSAs by employer. They didn't reply to email inquiry. What should I do?
Brad S Kane
Brad S Kane
answered on Jan 14, 2024

I would file a online complaint with the Washington State Department of Labor and Industries.

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require that I stay on premise for the 8hr work day including lunch? -Washington state, exempt salaried
Brad S Kane
Brad S Kane
answered on Jan 14, 2024

Yes, Employers are not required to pay for a meal break if an employee is free from all duties for their entire break. Employees can only be required to remain on the premises or work site during their meal period if they are completely free from work duties.... View More

1 Answer | Asked in Employment Law and Foreclosure for Washington on
Q: a case of wrongful termination and or retaliation at work. i am now in foreclosure . as a result , what can i do
Brad S Kane
Brad S Kane
answered on Jan 6, 2024

Given the lack of detail in your post, the only potential advice that anyone can give you is:

You should consult an employment lawyer about your wrongful termination and retaliation claims.

You should consult a foreclosure about how to handle the foreclosure.

1 Answer | Asked in Employment Law, Workers' Compensation and Environmental for Washington on
Q: Do I have a case against County Courthouse for toxic mold in my workplace?

After I started work at the Courthouse, I became ill. I was diagnosed with mold biotoxin illness due to water damage from a building, which the courthouse has had lots. While out on medical leave I started getting better, when I went back for one hour, my symptoms came back. My medical team and I... View More

T. Augustus Claus
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answered on Dec 27, 2023

Given your diagnosis of mold biotoxin illness and the apparent presence of toxic mold in your workplace at the County Courthouse, you may have grounds to pursue a case. The visible signs of water damage, coupled with your health deterioration upon returning to work, provide substantial evidence.... View More

1 Answer | Asked in Employment Law and Civil Litigation for Washington on
Q: My catalytic converter was stolen from my car at my workplace parking, will not let me park in safer area, can I sue?

Security at work (a mall) started harassing me parking in a "customer only" area which is more accessed controlled and safer to park in than the employee parking area. The converter was stolen a couple of months after they forced me to move my vehicle (was parking for years without issues... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your case, the first aspect to consider is whether your employer or the mall has any legal obligation to provide secure parking. Generally, employers are not required to ensure the safety of employees' vehicles in the parking lot. However, if there's an agreement or policy that... View More

1 Answer | Asked in Civil Litigation and Employment Law for Washington on
Q: I work as an independent driver. Do I need to pay an insurance deductible when get on an accident?

I work as an independent driver, delivering trucks from point A to point B for other companies. While recently doing the trips I accidentally put a wrong fuel in a new truck causing to be towed to the dealer repair facility to remove, by giving to the company I serve a $3778.00 insurance... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2023

A Washington attorney could advise best, but your question remains open for two weeks. An employment law attorney could have insight into this, as they are familiar with practices governing employees' obligations for paying for damaged property. You could repost and add the category, and if... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can employers disqualify candidates for requesting experience outside a posted job description?

I applied for a position that states 8 years of experience is required (I have a degree), I received an email stating that I need double the years of posted experience per hiring manager, and will not be looked at interviewing for this reason. Can employers do this ?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, employers in Washington can disqualify candidates for requesting experience outside a posted job description. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law and Employment Law for Washington on
Q: I had an incident happen where I believe I am the victim of hiring negligence, or negligent retention.

This is regarding a protective order I have against an ex granted in 2019 that was originally granted for one year. After one strike on the protection order that she plead guilty to, the order was extended an additional 5 years. She just recently reoffended (strike two) where she attempted to run... View More

James L. Arrasmith
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answered on Nov 9, 2023

Based on the facts provided, you may have a valid claim against the company for negligent hiring or retention of the employee who violated the protective order while on duty. Here are some key considerations:

- Washington law recognizes claims against employers for negligent hiring,...
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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Washington on
Q: Can a business refuse to give me a time that an employee comes into work if I’m trying to serve legal papers?

I’m trying to serve legal documents and I can’t sit outside their place of work all day waiting for them to come in.

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

In general, a business is not required to voluntarily disclose information about their employee’s work schedules.

If you are an authorized process server, you can leave your business card for the employee and ask him to call you to arrange a convenient time to be served, but he is not...
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1 Answer | Asked in Employment Law for Washington on
Q: My employer in WA state has never payed any sick leave to her employees. What do I do?

It is a small restaurant/bar and music venue. This is my second time working here, this time has been just over a year no sick leave. Last time was just before and during the covid outbreak, no sick leave to any employees. What do I do I feel like we should be compensated, I believe she is taking... View More

Brad S Kane
Brad S Kane
answered on Aug 24, 2023

Your employer should be providing paid sick leave after 90 days of employment.

See the fact sheet from the Department of Labor and Industries...
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2 Answers | Asked in Contracts and Employment Law for Washington on
Q: My workplace laid me off and paid me $500 severance. Now they are saying if I don't sign an NDA I must return it.

Am I legally obligated to either sign the NDA or return it? Email below:

Thank you again for being part of the XXXX team especially in the past few months which have been rocky and trying for all of us. I really thought that we wouldn't need to do any further cuts but it was unforeseen... View More

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

Unless you signed some sort of agreement, you are not currently obligated to either sign the NDA or to return the $500 severance payment. Advancing a severance payment shortly before filing a petition in bankruptcy might create a situation in which the bankruptcy trustee attempts to clawback the... View More

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1 Answer | Asked in Employment Law for Washington on
Q: Is it legal to write up a worker for opting to not take one of their legally mandated breaks?

My work got in some legal trouble recently about people not getting their legally mandated breaks. Their response to this was for anybody that did not take their break they'd get written up. Even more recently they've put out schedules with strange out times that put them right under the... View More

Brad S Kane
Brad S Kane
answered on Aug 15, 2023

An employer can discipline employees for not taking their legally mandated breaks, even if the timing is not your preferred timing.

1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: found out my manager has been getting his pay docked whenever the owner decides too many people called out. That Legal?

I work at a glassblowing studio where everyone works 40 hours a week of constant physical labor, it regularly gets above 100 degrees and many safety precautions are often not put as top priority. Needless to say call outs happen occasionally.

I recently found out that my wonderful manager... View More

Brad S Kane
Brad S Kane
answered on Jul 22, 2023

An employer may not discipline an employee by "docking" their earned pay. The manager should speak with an employment attorney about their rights.

2 Answers | Asked in Employment Law, Personal Injury and Civil Litigation for Washington on
Q: if your employer searches your cell phone illegally, what kind of lawyer should i retain?
Brad S Kane
Brad S Kane
answered on Jul 16, 2023

Without knowing more about how the search took place, whether it was the employer's phone or your phone and what harm you suffered, you should start with an employment lawyer.

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1 Answer | Asked in Health Care Law and Employment Law for Washington on
Q: Can my partner's work penalize him for going to my prenatal appointments?

My partner has been writing down the days of my appointments in which he will either need to leave work early or arrive just a little bit late. His employers told him that it needs to be written down when they are, however they are trying to punish him for attending the appointments.

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2023

A Washington attorney could advise best, but your question remains open for four weeks. The question may have gone unnoticed under the Health Care Law heading - it's something that an employment law attorney would have insight into. Some questions go unanswered, but you could try reposting... View More

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