When I was 16 or 17, I became pregnant by my boss who was closer to 25. Our relationship was consensual, and he knew my age, but I didn't know his age at the time, and he had a girlfriend/wife. I am seeking child support now that my daughter is 16 years old, with paternity confirmed through... View More

Can the class teacher be held responsible for negligence? During another teacher's class, a student pushed another, resulting in minor injuries. The class teacher learned of the incident only after it occurred and didn't respond in the class WhatsApp group as it was a police matter. The... View More

Mat Cleary
answered on Mar 19, 2025

Highly unlikely. The teacher would have to have more or less intentionally allowed the conduct to occur. In most public or semi-public settings, a person is not responsible for the unlawful acts of another. For example, a bus driver is not going to be held responsible if one passenger punches... View More

Can an employee use sick time to leave early to rest from a previous injury? My manager told an employee that they cannot use their sick time to leave early because it was not a work-related injury and they aren't technically sick. The employee in question broke their ankle a year ago, which... View More

Brad S Kane
answered on Mar 20, 2025

You are entitled to use sick leave for any illness, it does not have to be a work related illness.

According the Washington State Department of Labor and Industries, employers are required to allow you to use accrued sick leave for

employees or their family members for any of the... View More

I informed my employer on 02/25/2025 that I was scheduling surgery and intended to use FMLA. My employer was aware of this, and my last workday before the surgery was Friday, March 7th. Before leaving, I was called into a Teams meeting by my HR representative and boss and informed that my position... View More

I've been trying to get employment through Express Employment for about a year. Recently, the assistant informed me that they won't hire me, and they refused to provide any further explanation or allow me to speak with the manager or a recruiter about this issue. What can I do in this situation?

Mat Cleary
answered on Mar 19, 2025

No company is obligated to hire any individual so unless you can demonstrate there has been clear discrimination due to gender, sexual orientation, race, etc., there is nothing you can do.

I work as a cashier for a large company and was called to the Asset Protection (AP) office to translate during an incident with suspected shoplifters who did not speak Spanish. I witnessed the AP staff intimidating and taunting these individuals, making disrespectful remarks about their immigration... View More

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answered on Mar 15, 2025

Yes, you absolutely have the right to report this kind of behavior. Even if someone is suspected of wrongdoing, they must still be treated with respect and dignity. The degrading comments and intimidation tactics you witnessed are inappropriate and may violate workplace policies or... View More

I have been employed for 90 days and have a previous knee injury. After being released to work, I reaggravated the injury, leading my doctor to stop me from working. I am currently under medical care. I was denied FMLA, being eligible in 10 days. My employer terminated me, stating there wasn't... View More

I was placed on FMLA last week, and upon returning to work this Monday, I received a corrective action that restricts my ability to work remotely and states I am not eligible for promotion due to being in poor performance standing. There was no documentation previously connecting these issues to my... View More

I was laid off last Monday, and my divorce was finalized in October 2024. I have been paying spousal and child support for 6 months, but losing my job has created a financial burden for me. There are no terms in my divorce agreement concerning modifications to support payments. I am actively... View More

My employer recently implemented a 4-month pilot program for a 36-hour work week, where employees are paid for 40 hours but work only 36. This change took effect on March 1st. However, out of 50 employees, eight of us were not included and are still working 40 hours for the same pay. Although... View More

I have an ADA-protected condition that my employer is aware of. Last year and more recently, for the past two weeks, my request to work remotely during flare-ups was approved without needing a doctor's note. Suddenly, my employer, who is also the HR director, refuses my request to work from... View More

Merry A Kogut
answered on Mar 4, 2025

It is best to follow proper procedure to obtain a formal agreement for reasonable accommodations. Here is a very short set of guidelines that explains this:... View More

I am concerned about potential job security risks resulting from a personal situation. My coworker, who is close with the higher-ups at our company, seems to hold some animosity toward my partner after we crossed paths on a date night, as they live in the same building. Since then, I've... View More

Brad S Kane
answered on Mar 3, 2025

The answer is possibly. It depends on the reason why your co-worker dislikes your partner. If the co-worker's dislike is based on your partner's membership in a protected class, you may have a claim under a "Cat's Paw" theory.

In Washington State, can an employer legally push back merit and performance salary increases a year, particularly if they refuse to define starting pay or pay band scales for a specific position and attribute the delay to evaluating the market, even when merit increases were anticipated weeks... View More

I am a newly hired security guard in Washington State, assigned to a government office. My company has an unpaid hour lunch policy, but I'm required to stay on-site and monitor the radio and phone during this period. The government employees at this site have different lunch policies. I... View More

Merry A Kogut
answered on Feb 27, 2025

Thank you for the question.

Washington State employees have the right to a meal break: https://www.lni.wa.gov/workers-rights/workplace-policies/rest-breaks-meal-periods-and-schedules

You have the right to file a complaint with the state, and you're supposed to be protected... View More

I’ve been contracted through an agency to work at a hospital care program since 2008. On January 23, 2025, I reported a physical therapist making inappropriate comments to two senior patients. Following my report, hospital management placed me under investigation and suspended my contract work... View More

Brad S Kane
answered on Feb 23, 2025

Assuming you did not complain to the government, Washington's Healthcare Whistleblower Retaliation protections do not apply to you.

Nevertheless, depending on the nature of the inappropriate comments, you may still have a claim for wrongful termination in violation of public policy, if... View More

Merry A Kogut
answered on Jan 25, 2025

Thank you for the interesting question.

In Washington State, businesses have to pay whichever minimum wage is higher—whether that’s set by the state or by a city or county. So, if a county raises its minimum wage above the state level, companies in that area are required to follow the... View More

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Minimum wages for my county just went up. However company refuses to pay those wages. Does state minimum wages supercede a unincorporated county's wages? Or am I capable of fighting this and able to sue my company.

Brad S Kane
answered on Jan 26, 2025

You can file a complaint for failure to pay minimum wage with the Washington state Department of Labor and Industries at:

https://lni.wa.gov/workers-rights/wages/minimum-wage/

I was told HR would have to speak to me about consequences because it is technically a “walk out “ since I showed up at all yesterday. I went to urgent care and was put on the waitlist to be seen, but it was almost 5:30 PM when I arrived at urgent care and they closed at seven, so I wasn’t... View More

Merry A Kogut
answered on Jan 23, 2025

Hello again - I answered your other question on point. Employers hold most of the "power" in 49 of the 50 states, plus the territories and DC. Most employees are "at will" - this means an employer can terminate an employee for zero reason, and with zero advance notice. Since... View More

My employer told me this is a “walk out” and consequences would have to be talked over with HR the following day. As I was leaving I was told not to return unless I had a doctors note. I immediately ubered to urgent care (although I didn’t immediate need medical attention , I didn’t want to... View More

Merry A Kogut
answered on Jan 23, 2025

I'm so sorry you felt so ill, and hope you're feeling better now.

If are an "at will" employee (no contract, no union), your employer can require a doctor's note and, I'm afraid, can terminate you if you fail to provide one (check to see if the employer has an... View More

I work in Washington state, and our minimum wage increased an January 1st, 2025. I just got my first paycheck of the year, with the same minimum wage as 2024.

My employer says that I am payed this due to the hours I'm being paid for being in 2024, but I wasn't sure if I had to be... View More

Brad S Kane
answered on Jan 12, 2025

The date the work was performed controls what minimum wage rate applies, not the date of payment. Thus, you should get the 2024 minimum wage for hours worked in 2024 and the 2025 minimum wage for hours worked in 2025.