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Washington Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Washington on
Q: What are the requirements for a paycheck deduction when a private employer needs reimbursed for an employee's excess

wear and tear to a company vehicle.

Brad S Kane
Brad S Kane
answered on May 24, 2022

Your employer needs a document signed by the employee authorizing any payroll deductions, except payroll deductions required by law.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Can I sue previous employer for discrimination and stress injury?

I developed heart palpitations, 450 a day skipped heartbeats a day. It was caused by excess stress do to negligence from my employer. Me and several other employees would inform Human resources of thr behavior of the Store Manager, that was against company policy. Human resources told me to keep... Read more »

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

First, you may have a retaliation claim depending on the types of misconduct by the manager that you were reporting to HR.

Second, you may have a claim for disability discrimination based on your termination after disclosing your heart condition and ADHD. However, without more context it is...
Read more »

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer mandate that I miss a day of work to be fitted for an N95 respirator?

There is no opportunity to get fit tested and keep my shift, and if I don't get a fit test, I can no longer keep my job. Do they have an obligation to pay me for the time spent traveling to the site and getting the fit test?

Brad S Kane
Brad S Kane
answered on May 11, 2022

Yes. However, since the N95 respirator fitting is required for your work, you are still entitled to compensation for your time. Note: you are normally not entitled to compensation for the travel time from your home to your first place of employment or from your last place of employment to your home.

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 »

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 »

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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.

1 Answer | Asked in Employment Law and Immigration Law for Washington on
Q: How can I stay in the US? I recently had my i485 denied but I don't know why yet.

I am married to a US citizen and have been for over 3yrs, I have been in the US since Aug 2018. I have been working and providing for my family since October 2020 which means my wife and stepdaughter now rely on my presence and income in our family. I haven't received my rejection notice yet... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 5, 2022

Hello,

You really need to see what the rejection notice says. You then need to gather all the evidence of your marriage and make an appointment to see a an immigration lawyer. There could be a very specific reason for the rejection that you say is coming or it could be something general....
Read more »

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 »

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...
Read more »

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 »

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...
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.

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