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Washington Employment Law Questions & Answers
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

2 Answers | Asked in Employment Law for Washington on
Q: Am I allowed to request a copy of my verbal statement given to my HR rep if it was used as a reason for termination?

I gave a verbal statement to my HR rep of an incident that occurred over the course of 10 days at my place of employment, advised the notes the HR rep typed up would be sent to me for review and signature. I was then fired for not mentioning a part of the incident during my verbal recollection of... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Terribly sorry to hear about your experience and condolence on your friend's death. Many states have laws that provide an employee with a right to see anything in the employer's file about them, which would include these notes. Under these laws you don't have to file a lawsuit, you... View More

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1 Answer | Asked in Employment Law for Washington on
Q: If I am terminated from my employment for violating a work policy, am I allowed to request a copy of that policy?

My separation of employment states I violated a work policy that i have never seen of heard of or been trained on in the seven years I worked for the company.

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

You can absolutely ask for a copy of the policy. You have a right to review the contents of your personnel file under RCW 49.12.240.

RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and...
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1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Employment Law for Washington on
Q: Will a vehicular assault charge always disqualify you from working with children/vulnerable adults? Other jobs?

I was convicted of vehicular assault 11 years ago, since it never leaves my record will it always show on a background check? I am looking into switching jobs but I am unsure of what restrictions this charge still has.

Stan Glisson
Stan Glisson
answered on May 9, 2023

Most times Vehicular Assault would be eligible to vacate after ten years. You might want to consult with an attorney to see if you are eligible.

It's not a "crime against persons" so in most contexts wouldn't be an automatic disqualification. But certainly would look...
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1 Answer | Asked in Employment Law for Washington on
Q: My pay is below WA's new minimum wage, but I get a small "work from home allowance." Does that qualify toward min. wage?

My salary is $1240.40 per 80 hour pay period, slightly below WA's 2023 $15.74 minimum wage ($1259.20 per 80 hrs). I also receive $46.15 per pay period in a "work from home allowance." I live and work in WA, my employer is based in CO.

Brad S Kane
Brad S Kane
answered on Apr 25, 2023

If you live in Seattle, which requires telework business expense reimbursements, then you may be paid less than minimum wage. Otherwise, probably not. I would contact the Department of Labor and Industries to confirm.

1 Answer | Asked in Employment Law, Admiralty / Maritime and Business Law for Washington on
Q: Can a captain charge deckhands for gear/supplies as he deems fit?

Normal deductions are food/fuel. The following are extra.

2 examples.

A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska.

In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I...
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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I was fired via email after reminding my employer that they had verbally agreed to provide disability accommodations.

I was also denied breaks and lunches because they said most of their workers don’t need them because that want to finish their job on time. I was promised extra time to finish task because I asked them for it due to my muscle nerve disease that causes severe muscle fatigue. Then I was fired for... View More

Brad S Kane
Brad S Kane
answered on Mar 28, 2023

While it sounds like disability discrimination, the case will likely be difficult to prove unless you have documentation showing your employer verbally agreed to allow you more time as a reasonable accommodation for your disability.

You can file a disability discrimination complaint with...
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1 Answer | Asked in Contracts, Employment Law and Admiralty / Maritime for Washington on
Q: Can it be construed as threatening to tell someone if they do not pay you what they owe you you will take them to court?

Basically my old boss owes me decent amount of money. He has no intention of paying it. I don’t want to have to go through the legal process.

If I were to sit down with him and basically tell him

“So you owe xxxx. You know you do. I know you do. I don’t want to have to make... View More

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

Threatening to take someone to court if they do not pay a legitimate debt is legal.

Threatening someone with violence if they do not pay a debt is NOT legal.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: What's the average compensation due to victim for wrongful termination due to retaliation for seeking internal transfer?

I have proof of retaliation.

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

First, each wrongful termination case is very fact specific, there is no "average" compensation standard.

Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to...
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1 Answer | Asked in Employment Law for Washington on
Q: I’m in Washington State and my employer says no one is allowed to discuss wages, is that legal?

I work in a senior living facility and I recently learned I was being paid a significant amount less than the other receptionists. I discussed my pay with my boss and she did give me a raise, but made it clear I am not allowed to discuss pay with other employees. She said it is a written rule in... View More

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

According to the Department of Labor and Industries,

Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited....
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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: I want to file a protection order against a coworker because of continued harassment. How do I do that in WA state?

The non-sexual harassment started on January 4th of 2023. I have filed two Ethics complaints against this employee. My company has not deterred the employee from continuing his behavior besides "The manager has talked with the employee." Can I file an "Order of Protection" or... View More

Brad S Kane
Brad S Kane
answered on Mar 7, 2023

You can file for a civil anti-harassment restraining order.

For instructions go to:

https://www.womenslaw.org/laws/wa/restraining-orders/civil-anti-harassment-orders/basic-information

1 Answer | Asked in Employment Law for Washington on
Q: My son is 17y.o. and has already completed his GED. Is he still governed by child labor laws "maximum hours"?

If he is legal to work 40+ hours/wk, could you provide the statute his employer can site?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 7, 2023

Federal law does not place any restrictions on the number of hours 17-year-old employees may work. However, you should consult a Washington state attorney regarding if there are any state laws that limit the number of hours that minors may work.

1 Answer | Asked in Employment Law for Washington on
Q: I was put on "salary" can I charge over time?

I was working 84hrs a week 7weeks straight no days off, I was told 2500 manage office, then I ended up doing full housekeeping n laundry service too. can I charge over time and for different dutties? And he wants charge me rent now. And keeps changing my pay for those 7 weeks.

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

In Washington state, the 2023 minimum salary for exempt employees working for small employers (1-50 employees) is 1.75 times the minimum wage. That means an employee exempt from overtime pay must earn at least $1,101.80 a week ($57,293.60 a year).

For large employers (51 or more employees),...
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2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Christopher Kirk Steuart
Christopher Kirk Steuart
answered on Feb 28, 2023

Based on the limited set of facts provided in your question it is difficult to determine how serious or dangerous the situation you are describing is. This is an issue of what are your responsibility to the organization, patients, and the broader community. With knowing more, I would say the first... View More

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1 Answer | Asked in Employment Law for Washington on
Q: My former employer payed us with personal checks, upon my request for my hours, pto, why so much was taken out,no w2

A coworker said that we shouldn't even file taxes because the company sank, that shouldn't have mattered considering hebwas allegedly withholding portions of my check for taxes

Brad S Kane
Brad S Kane
answered on Feb 20, 2023

Sounds like you were not getting paystubs showing the deductions. You should report your former employer to the IRS and the Washington Department of Labor and Industries, who may just be keeping your money. You are entitled to credit from the withholding for future social security benefits,... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer make me shorten my regular hours to accommodate working the weekend to avoid paying me overtime?

My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.

1 Answer | Asked in Employment Law for Washington on
Q: I live in Washington state, I work remotely for a Canadian Company. Do they have to pay me Washington State minimum wage

Or do they only have to pay federal minimum wage

Brad S Kane
Brad S Kane
answered on Jan 20, 2023

They have to pay you the higher Washington minimum wage.

1 Answer | Asked in Employment Law for Washington on
Q: Washington being an at will fire state, if fired can you sue an employer that hasnt fired someone for something greater?

Specifically, an employee has been caught passed out drunk during food service at a retirement home. For whatever reason he was taken off the schedule for two or three days, then returned to work. Im just curious if by not firing this person over a very major offense is there grounds for someone in... View More

Brad S Kane
Brad S Kane
answered on Dec 22, 2022

Unfortunately, each case is fact specific and it is impossible to give meaningful advice without knowing more factual context. In general, if you were let go for being 3 minutes late, while someone else was allowed to stay though they were passed out drunk at work, it would certainly raise... View More

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