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Washington Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: IF I DIDNT KNOW MY BOSS WAS GOING TO KEEPMY MONEY THAT HAVE SAVED UP, HOW MANY YEARS CAN I GO BACK TO GET MY MONEY?

I had set up an savings accont on the side with my boss to put half my wage on my check and the other in what he called a "nest egg" savings. We had this agreement for years, no problems what so ever.wheni went to California I took $5000 out of my savings so knew that I had money in my... Read more »

Brad S Kane
Brad S Kane answered on Jan 19, 2022

If you have written documentation, including wage stubs showing that you earned the money and the employer put part of your pay in a "savings account" for you, then likely have claims for fraud, breach of contract, conversion and unfair business practices. Unfair business practices... Read more »

0 Answers | Asked in Employment Law for Washington on
Q: I'm 16 and work 50 hours a week and my boss writes it off and I wanna sue

Oh and also he had me park his car and I scratched it and he wants to take the Money to fix it directly out of my pay check

0 Answers | Asked in Employment Law and Business Law for Washington on
Q: Can you be fired for a coworker corning you to ask what ur problem was with her at work.

I was fired because my coworker cornered me in the office to ask me what my problem with her was and I said it wasn't a work related issue so I didn't need to answer then I ask her to move out of my way and she grabbed the door and said no you need to answer me so I moved her arm and left... Read more »

2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Washington on
Q: What to do

As an employee, Witnessed a manager debate and follow through with assaulting another employee with an ice cube, after stating that same action just broke his glasses, submitted an existential complaint to management, who also neglected their duties, and took adverse action, after the complaint and... Read more »

Brad S Kane
Brad S Kane answered on Dec 15, 2021

You should consider filing a written complaint with HR and/or the top management of the company. The written complaint will at least document your complaint was made in case retaliation by the manager and higher management.

Before you send in the written complaint, you should have a lawyer...
Read more »

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1 Answer | Asked in Employment Law for Washington on
Q: My boss altered my time sheet to diduct hours worked on my first day. What should I do?

On my first day (blockedname) changed my time sheet to say I worked a lunch for a 5 hr shift, the company will have records/video of me working, I was told no lunch today because it was only a 5 hr shift. They changed the time card saying I took a lunch before I had even taken my first break of... Read more »

Brad S Kane
Brad S Kane answered on Nov 12, 2021

First, you should keep your own written records of your work and your meal and rest breaks as well as take pictures of your time cards.

Second, since you need this job to pay your bills, you are afraid of retaliation and the statute of limitations is measured in years, you should begin to...
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1 Answer | Asked in Employment Law for Washington on
Q: i am a sole prop plumbing co in Washington State. What days do I have to give my employees as a "holiday" and pay them
Brad S Kane
Brad S Kane answered on Nov 10, 2021

According to the Washington State Department of Labor and Industries,

Washington State does not require employers to provide leave or pay for holidays, vacations, or bereavement. These benefits can be found in your employer policies or collective bargaining agreement. They are generally an...
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1 Answer | Asked in Employment Law and Landlord - Tenant for Washington on
Q: Is my employer illegally making me pay more for rent than is allowed by Washington state plus some?

You

Well I work 5 days a week and I'm the general manager along with being the maintenance guy. I am the only one usually working here. I am also on call 24/7 and 7 day a week with the emergency phone. I am required to live on property. I am in a 2 bedroom apartment which is small. and... Read more »

Brad S Kane
Brad S Kane answered on Nov 10, 2021

Under the Federal Labor Standards Act, your employer can only make deductions from your wages is several requirements are met. Even then, the wages deductions must be actual cost with no profit. For more info go to:

https://www.dol.gov/agencies/whd/direct-care/credit-wages...
Read more »

2 Answers | Asked in Employment Law and Immigration Law for Washington on
Q: When do I need to pay back breach of work contract? Contract says I owe $13,500 after leaving company.

I came to America on a job contract which is for 30 months. I left the job after 4 months working to go to a job that pays a lot more money. The contract states I will need to pay $13,500 back to them for expenses bringing me to America. My question is when do I need to pay this $13,500 back to... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Nov 1, 2021

You should immediately speak with an immigration attorney and take a copy of the contract with you. US laws are specific about things like these so you need to make sure the employer is not trying to scare you.

Good luck!

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2 Answers | Asked in Employment Discrimination and Employment Law for Washington on
Q: i was attacked at my workplace and my employer wont get rid of her now im affraid to return what to do
Rhiannon Herbert
Rhiannon Herbert answered on Oct 27, 2021

If you haven't done this already, you should report what happened in writing to both your supervisor and your employer's HR department and state that you feel you cannot return to work out of concern for your safety,

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1 Answer | Asked in Libel & Slander and Employment Law for Washington on
Q: Do I have grounds to sue for defamation of character?

Last year false allegations were made about me and they were determined unfounded by police. I recently quit a job to take another and discovered that the coworkers who had made the false allegations last year worked there. I called my employer and explained what had happened last year. I was then... Read more »

Brad S Kane
Brad S Kane answered on Oct 24, 2021

I am sorry this happened to you. You may have a claim for defamation. Please keep in mind you that the employer may not want to get involved and even deny stating the reason for withdrawing the offer. You should attempt to confirm it in writing in a text or email. In addition, you should... Read more »

2 Answers | Asked in Employment Law for Washington on
Q: Question about overtime.

Hi. I am an archaeological field tech getting paid hourly and working in Washington State. I also receive a daily stipend. I am wondering if I am an exempt from overtime or will I receive it? I just started a new job.

Rhiannon Herbert
Rhiannon Herbert answered on Oct 19, 2021

More information is needed here, but generally, if you are paid on an hourly basis, you should receive overtime pay for all hours worked in excess of 40 per week.

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1 Answer | Asked in Employment Law for Washington on
Q: I live in Washington state, and my boss is stealing my money from my paycheck.

He’s not giving me my overtime pay as well, when I work 90-100 hrs every 2 weeks. Also when I ask for a pay stub I get nothing from him. This also isn’t just happening to me either. He fired someone for confronting him about it.

Brad S Kane
Brad S Kane answered on Sep 30, 2021

It is illegal to retaliate against an employee for asking about their pay in good faith. You should keep your own written records of your hours worked to help document your claims for unpaid wages and overtime. In addition, you should put your pay concerns in writing to assist you with bringing a... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: A former employer committed perjury in state court documents, is this a form of Retaliation?

Employer also lied about how I stopped working for him.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

It is possibly retaliation, it is not possible to say based on the information you have provided. This sounds as though it was related to an unemployment insurance claim. You may need to obtain statements from witnesses or provide their contact information to whomever is investigating your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Does Employer Lawyer get a chance to bring their witness in the trial or only the employee lawyer can?
Brad S Kane
Brad S Kane answered on Sep 5, 2021

Both sides get the opportunity to call witnesses at trial. However, there are rules requiring disclosure in advance, so the other side can prepare.

1 Answer | Asked in Employment Law for Washington on
Q: How may I get a free affidavit form
Brad S Kane
Brad S Kane answered on Aug 3, 2021

Try Googling Washington State Free Affidavit Form

You can go to the link below and copy the information, which is for a free self-proving affidavit for a last will and testament

https://freeaffidavitform.com/2011/05/free-washington-affidavit-forms.html

There is no guarantee...
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1 Answer | Asked in Employment Law for Washington on
Q: I was fired for refusing to work off the clock. I have proof of my employer asking me to work off the clock in a text.

When I said I would not do the work off the clock but would on the clock he didn’t reply to my text. I came in to my workplace the next day and he fired me.

Carrie Dyer
Carrie Dyer answered on Jun 30, 2021

You should contact an employment law attorney in your area to discuss the details of your situation. It sounds like you may have a claim for retaliation under the Fair Labor Standards Act and/or state law.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I’ve requested a raise from my employee but have not heard back, even though they said all raises would start June 1.

I requested a raise from my employer 2 months ago as part of my annual performance review, after 4 years of working for them and receiving no merit increases for the past 3 years. In a company-wide email in April, HR said all performance reviews and merit increases would take effect by June 1,... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 23, 2021

Based on what you've described, there is no legal violation. Your employer is not legally obligated to give you a performance review or merit increase. If they chose to do so, they can implement the raise at any time of their choosing.

2 Answers | Asked in Employment Law for Washington on
Q: is it legal to record someone with out consent or knowledge if its to catch them harassing you at the workplace

the harassment is both verbal abuse and sexual in nature. no physical sexual harassment so the recording would be audio

Carrie Dyer
Carrie Dyer answered on Jun 16, 2021

Washington is a "two-party consent" state. That means it is unlawful to intercept or record a private phone call, in-person conversation, or electronic communication unless all parties to the communication consent.

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1 Answer | Asked in Employment Law for Washington on
Q: Is an "at-will" employee stipulation in a job offer letter bad?

Usually a decent job with benefits will offer you a different kind of contract right?

Rhiannon Herbert
Rhiannon Herbert answered on Jun 1, 2021

Almost all positions are considered at-will. Regardless of whether your offer letter specifically states your position will be considered at-will, at-will employment status can be thought of as the "default" employment status that will apply even if the offer letter is silent on this.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: ADA Job Accommodation Request Was Denied

My ADA job accommodation request to work from home was denied. There is currently a vacant job (job was vacant at the time of my ADA job accommodation request) that my peers currently work from home. I've applied for the job, but haven't heard back. Does my seniority and ADA job... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 31, 2021

Hi, more information is needed here. An accommodation request does not give you priority if the employer has a policy that an employee must apply for a vacant position and they are given the same opportunity as the other applicants. However, some courts have held the opposite, and the disabled... Read more »

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