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Washington Employment Law Questions & Answers
2 Answers | Asked in Employment Law, Workers' Compensation, Civil Litigation and Personal Injury for Washington on
Q: Can I negotiate a stronger severance or return to work with legal leverage in WA, and does accepting severance waive my L&I protections?

I have been medically cleared to return to work following a work-related injury, but my employer has offered me a 'firm and final' severance package of 8 weeks base pay with no merit increase. The package includes a one-sided non-disparagement clause, waives all claims, and pressures me... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

A severance agreement is normally intended to resolve all of an employee's potential claims, except those claims that cannot be waived as a matter of law. Examples would be worker's compensation and unemployment claims.

Further, Washington's silenced no more act prohibits...
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Q: Should I file a discrimination complaint pro se by May 24 to preserve claims or wait for legal counsel?

I'm pursuing a discrimination and retaliation case against a state agency, with my EEOC/state agency filing deadline on May 24, 2025. Multiple law firms have declined to represent me due to case complexity, involving systemic retaliation, APS misuse, and defamation. I have strong direct... View More

Brad S Kane
Brad S Kane
answered on May 8, 2025

If you wait too long to file, the statute of limitations will bar your claims. If you cannot get a lawyer, lay out the facts and all possible claims in your complaint as best you can, to protect against the statute of limitations. You can then delay serving the complaint to buy more time to seek... View More

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2 Answers | Asked in Employment Law and Criminal Law for Washington on
Q: Terminated due to alleged incident with a ring, seeking advice.

I was terminated from my job of nearly 20 years because my employer claims there is video evidence of me being handed a ring and not returning it. They wouldn't let me view the video, and I don't even recall the incident. They also threatened to involve the police if I didn't return... View More

Patrick Owen Earl
Patrick Owen Earl
answered on May 1, 2025

I don't understand your statements. Did you receive a ring, pocket it and left the store without paying for it? It sounds like you were a worker at the time and so it also sounds like it was in the course of your working duties that you handled the ring. If it is on video that you pocketed... View More

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2 Answers | Asked in Employment Law and Contracts for Washington on
Q: Why should a lawyer review my enhanced severance agreement before signing?

I was recently laid off from my job, and my HR representative advised that I have a lawyer review the "enhanced severance" agreement before signing. I will receive the agreement on April 24, 2025, and have 45 days to sign. Why is it recommended to have a lawyer look over severance... View More

Brad S Kane
Brad S Kane
answered on Apr 21, 2025

Employers are required by California law to advise employees of their right to have the advice of counsel before signing a severance agreement. Failure to do so can allow the employee to void the settlement and sue the employer later.

More important, an attorney can help an employee...
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2 Answers | 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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4 Answers | 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

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4 Answers | 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

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2025

Addendum - Although I previously said that it was not a case that I felt local law firms would be enthusiastic about learning more about, the fact remains that the family may want to learn about applicable timetables to take action. If the matter involves a public school system, this could mean... View More

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4 Answers | 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

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2025

If the parents were able to pursue a theory based on failure to supervise, it might be difficult to find a law firm that would be interested, due to the injuries being minor. I'm glad the injuries were not serious and hope the victim is okay (from a PERSONAL standpoint), but from the... View More

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2 Answers | 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

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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?
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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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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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.

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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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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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

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