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Washington Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Washington on
Q: Can sick time be used in WA for non-work injury? Employer said no.

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
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...
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1 Answer | Asked in Personal Injury and Employment Law for Washington on
Q: Can the class teacher be held responsible for negligence in Washington?

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
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

1 Answer | Asked in Civil Rights and Employment Law for Washington on
Q: Employer refuses ADA accommodation for remote work during flare-ups.

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
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

1 Answer | Asked in Employment Law for Washington on
Q: Can unpaid on-site lunch as security guard in WA be a labor law violation?

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
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...
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1 Answer | Asked in Employment Law, Civil Rights and Domestic Violence for Washington on
Q: Can I sue a hospital for suspending me after reporting inappropriate behavior?

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
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...
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2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Brad S Kane
Brad S Kane
answered on Jan 26, 2025

In Washington state, an employee is entitled to receive the highest city/count/state minimum wage based on the location of their work. This can get complicated, when remote work is involved. For example, if you work from home 2 days per week and where you live has a higher minimum wage than the... View More

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2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Merry A Kogut
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...
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1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require a doctors note because I left work early due to not feeling well?

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
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

1 Answer | Asked in Employment Law for Washington on
Q: If I leave work because I’m feeling unwell and return the next day, can my employer require a doctors note to return?

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
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...
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1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: I wasnt paid all my hours at my old job, they refused to pay me after I asked.

I had permission from my manager to skip lunch due to my i.b.s, and that it wouldn't be deducted from my hours, surprise surprise in my final paycheck every lunch was deducted and I never got paid for those hours I worked. it's a family owned business so once I reached out to h.r or... View More

Merry A Kogut
Merry A Kogut
answered on Jan 9, 2025

I'm so sorry to hear about your employment issues and health problems.

You may want to try this first - you can file a complaint with a WA State agency for free: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints

Your former employer is...
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2 Answers | Asked in Employment Law for Washington on
Q: employment question: minimum salary washington state

I am a part time employee in washington state. i am currently below the salary threshold. i work at a nonprofit. i asked my employer and they disagreed with me. is there any reason i am in the wrong? this would also apply up to three years past as well.

Brad S Kane
Brad S Kane
answered on Jan 6, 2025

Your employer is incorrect. The salary threshold is based on a 40 hour week, not a part-time week.

The Department of Labor and Industries provides a chart showing the required minimum weekly earnings at:

https://www.lni.wa.gov/forms-publications/f700-207-000.pdf

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2 Answers | Asked in Employment Law for Washington on
Q: employment question: minimum salary washington state

I am a part time employee in washington state. i am currently below the salary threshold. i work at a nonprofit. i asked my employer and they disagreed with me. is there any reason i am in the wrong? this would also apply up to three years past as well.

Merry A Kogut
Merry A Kogut
answered on Jan 7, 2025

I'm sorry to hear about your salary issues. Generally, there is definitely a minimum wage in WA, with very few exceptions (such as restaurant servers). You can read all the details on this page, and if you believe that your employer is wrong, you can file a complaint here, too. Also,... View More

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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Washington on
Q: I had an inappropriate text relationship with a higher up at work.

It ended abruptly. Ever since, he's been treating me poorly, jerking me around, and I think he's trying to get me to quit. I would like to push back because my quality of life is suffering and I'm not going to be forced out of the company.

Unfortunately I do not have all the... View More

Merry A Kogut
Merry A Kogut
answered on Jan 5, 2025

I'm so very sorry you're going through this. I have a lifetime of employment discrimination/sexual harassment experience, even before law school (I was a discrimination investigator at the Washington State Human Rights Commission).

First, write out a timeline for your...
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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Am I being treated unfairly and a victim of work place retaliation after reporting safety concerns about a new coworker?

My manager hired a man who has a lengthy history of DV and he is aggressive verbally to our female co workers. I looked at his legal history and discovered the charges. I brought it to the attention of the manager and she said that we should avoid pushing his buttons. Her boss found out about the... View More

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

If you believe you're being treated unfairly or retaliated against at work after reporting safety concerns, let’s break down what’s happening and explore your options. Washington State has laws in place to protect employees in situations like yours, so you may have recourse.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: My employer

What are my options. I was just told that i should take another offer from a different company and leave. Is that legally considered me being let go or fired?They still are employing me. The company has also forced me to drive my personal vehicle while on a suspended license and they know its... View More

Brad S Kane
Brad S Kane
answered on Oct 29, 2024

If your employer is still employing you, you are not fire (at least not yet). You can ask HR or your supervisor in writing for clarification or you can keep working until your employer terminates you.

More important, you need to get your license reinstated ASAP for two reasons....
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2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?

I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.

James L. Arrasmith
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answered on Jul 23, 2024

You can only be fired for not doing graphic art work if it is part of your job description or agreed-upon duties. If your employment contract or job role includes graphic art responsibilities, then not fulfilling these tasks could be a reason for termination.

However, if your primary role...
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2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?

I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

As an accountant working for a sovereign tribe in Washington, you may have specific employment terms and conditions that are influenced by both tribal codes and state or federal laws. Here are some key considerations regarding your situation:

Job Duties and Employment Contracts...
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1 Answer | Asked in Criminal Law, Personal Injury, Federal Crimes, Employment Law and Civil Rights for Washington on
Q: What type of lawyer helps victims of voyeurism that took place at work

From what I understand the trial hasn’t started for the accused, but I want to understand what lawyers can help me to understand victim rights and determine the best course of action when there are multiple victims

James L. Arrasmith
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answered on Jul 21, 2024

If you're a victim of voyeurism at work, you need a lawyer with expertise in employment law and personal injury law. These lawyers can help you understand your rights as a victim and provide guidance on the legal actions you can take. They can also help you navigate the complexities of dealing... View More

1 Answer | Asked in Employment Law, Business Law, Internet Law and Small Claims for Washington on
Q: Need to talk with a lawyer about a lawsuit because my online earnings have been depleted when promised they would not.

My job is rating products for a commission and I have earned so much that I have gone up three levels and I need to finish a small set of rating products to receive all my earnings, but the system has welfare tasks that put your earnings

into a negative amount equal to what you have... View More

James L. Arrasmith
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answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Documentation: It's positive that you have chat transcripts from customer service and the CEO stating that a welfare task would not occur before you finish your remaining tasks. This documentation could potentially be...
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1 Answer | Asked in Contracts, Employment Law and Civil Rights for Washington on
Q: My job told us that if they felt we were abusing pst they wouldn't guarantee us our guaranteed hrs. Is that allowed?

We get 25hrs/wk guaranteed as per our contract. Although we get as much sick time as we need (as in we don't earn pst over time its just paid out to us as we use it). Our workplace has made us sign a contract stating that we could only have 6 occurrence a year of using pst before facing... View More

James L. Arrasmith
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answered on Jun 15, 2024

Your job's policy regarding paid sick time (PST) and guaranteed hours can be complex. The terms in your contract about guaranteed hours and the use of PST are crucial. If your contract guarantees 25 hours per week, your employer generally must honor this unless there are specific conditions in... View More

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