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 
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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,... View More
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.
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... View More
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
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
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
answered on Aug 24, 2023
It is always best to have an employment lawyer review any severance agreement.
However, if you haven’t already agreed to NDA terms in a severance contract, and you accepted the payment without agreeing to any conditions, you are likely under no obligation to return the advance payment.... View More
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.
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... View More
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
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
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.
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... View More
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
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... View More
I have proof of retaliation.
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... View More
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
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.... View More
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.
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),... View More
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?
answered on Feb 28, 2023
You can file a complaint with the appropriate regulatory agency or notify your employer of the activities that you believe in good faith to be illegal. If you do so, your employer is legally prohibited from retaliating against you for whistleblowing.
At the same, you would be wise to seek... View More
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?
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
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
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
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
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.
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
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
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 ?
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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.
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
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... View More
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
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.
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
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.
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