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Washington Questions & Answers
1 Answer | Asked in Employment Law for Washington on
Q: I am FMLA protected but my employer wants to cut my hours and pay when I'm out due to my disability. Is that legal?

I have filed FMLA paperwork with my employer (School District employee) asking to adjust my 8 hour day to 71/2 or 7 hour day and using my sick time to make up the difference. This is due to my eyesight and not being able to drive in the dark. HR has confirmed that I am eligible for protected leave.... Read more »

Brad S Kane
Brad S Kane
answered on Oct 2, 2022

If you are asking your employer to reduce your workday from 8 hours to 7 1/2 hours, then it is quote reasonable to reduce your pay to the hours worked.

You may want to consider asking your employer simply start your work day earlier, so you can still work 8 hours and get home before dark.

1 Answer | Asked in Criminal Law and Car Accidents for Washington on
Q: I was involved in a mva I was cited for Careless Driving now after a week later they say they wanna charge me wit

Now they wanna charge me with a Duii after they already released me can they do that

Cristine Beckwith
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Cristine Beckwith
answered on Sep 27, 2022

Hi, sorry to hear. Yes the State can charge you with DUI after releasing you. Washington State has two years to file charges for a gross misdemeanor such as DUI.

1 Answer | Asked in Insurance Bad Faith for Washington on
Q: Would it be reasonable to sue my insurance company?

My insurance company cut their contract with my healthcare provider in January 2021 without my knowledge. Now, they won't cover 80% of my bills for dialysis despite being my main insurance. When we signed up, we agreed to pay 20% while my insurance pays the rest. I've been attempting to... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2022

A Washington attorney could advise best, but your question remains open for two weeks. It could depend on the coverage of the policy and the terms of the denial. Denials sometimes outline available recourses, such as appeals, arbitration, or the civil litigation that you ask about. If you arranged... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: living salt lake city Utah June 29 2022 felony warrant grays harbor Washington possession with intent ? Extradite me ?

If I'm stopped by police here in Utah will they extradite me back to wa state

Patrick Owen Earl
Patrick Owen Earl
answered on Sep 26, 2022

For a felony warrant it is possible. Not guaranteed

You should contact an attorney in that county (or in WA State) and get something started before you get picked up and maybe a court date can be set and an appearance done so that you don't have to START the process in jail. That is my advise.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Education Law for Washington on
Q: PE teacher slapped back of daughters hand

My daughter is in middle school in Washington state. She went to school today wearing some wedged boots forgetting that today was PE. When she entered the gym both teachers surrounded her and belittled her. They also made her hold her hand out and slapped the back of her hand. Do I have any... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

A Washington attorney could advise best, but your question remains open for a week. I'm sorry this happened to your daughter. From the situation you describe, it's possible evidence could be of a fleeting nature in terms of video recordings or eyewitness recollection. You could reach out... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: Mother-in-law died a year ago- left me $50,000 I'm having a hard time receiving and I need to know what I need

The executor which is her brother Everett lawyer says the house needs to sell before I receive my money I don't think this is correct it doesn't state that in the will -will currently in Probate

Keith Armstrong
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Keith Armstrong
answered on Sep 22, 2022

Hello estate heir. The probate attorney and executor may be correct. If the estate does not have liquid cash, may have to sell hard assets to fund the inheritance. But more important is the priority of distributions. First, creditors and claims, expenses, legal, accounting fees and bills.... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: If some one is in jail and they are Hispanic and the race shown says he is white and the suspect theh are looking for is

White wouldent they just be fitting him as the victom

Patrick Owen Earl
Patrick Owen Earl
answered on Sep 15, 2022

Your question seems to be, If the alleged suspect of an alleged crime is White, why is there an Hispanic person being held in jail for the crime?

If this is true, it is because the report was supplemented with information against the person in custody OR there is something that was pointing...
Read more »

1 Answer | Asked in Contracts and Employment Law for Washington on
Q: Left Amazon before 2 years. They’re coming after me w a $30K relocation bill. Is there a way to negotiate it down/waive?

-upon employment was told to relocate fro Miami to Seattle

-sold home, took kids out of school, moved to Seattle

-boss made my life impossible. Possible b/c of my age (over 50). Got a negative annual performance review (first step before termination)

-ended up getting a... Read more »

Brad S Kane
Brad S Kane
answered on Sep 14, 2022

First, you can always attempt to negotiate a solution. You may consider offering a refund representing 11/24 of the relocation assistance amount with a deduction for the perceived age discrimination.

Second, it is impossible to tell you what legal options you may have under the relocation...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Washington on
Q: Is it legal to add 2 people to my patents who now claim to be inventors when I was the listed0 on my patents for 8 yrs
Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

The question of inventorship is actually a legal question, so ultimately anyone who should legally be listed as an inventor *must* be listed as an inventor. If inventorship is found to be incorrect, the patent itself could be in jeopardy. There are procedures available for making these corrections.... Read more »

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Washington on
Q: My car accident claim was denied, as moving the car safely out of traffic apparently caused the engine to be damaged.

Insurance company states I should have left vehicle in downtown traffic for the 24 hours it took their tow truck to arrive. Do I have any recourse?

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Washington attorney could advise best, but your question remains open for three weeks. It could depend on how you moved the car. At the same time, to your credit, the location of the car may not have left you with the choice of waiting 24 hours to move it. This depends on a closer look at... Read more »

1 Answer | Asked in Personal Injury for Washington on
Q: If I already have a law firm but I am really not comfortable with can I hire a different one?
Steve Dashiak
Steve Dashiak
answered on Aug 30, 2022

Absolutely. It's important to be represented by someone you're comfortable with and can trust. You can either have your new attorney get the file from your old attorney, or get it yourself and forward it on.

1 Answer | Asked in Employment Law for Washington on
Q: Can I collect unemployment I'm on suspension w/o pay, my cash register came up 40.00 short

Is that considered misconduct? I live in WA state

Brad S Kane
Brad S Kane
answered on Aug 29, 2022

You should apply for unemployment. It is a form of insurance that you pay into.

Mere negligence or making a mistake will not disqualify you for unemployment. An employer would have to provide that you intentionally stole the money to be disqualified for a short cash drawer.

1 Answer | Asked in Employment Law for Washington on
Q: Hello. I am a WA state employee currently employed on a W2 full time role with one company, with which I am taking paid

family medical leave. I have another full time W2 job in addition to this role. Am I able to take PFML payments from the one job, while also going back to work full time on the second? Is there any way my first employer would know, or the PFML program would know about this other job?

Brad S Kane
Brad S Kane
answered on Aug 29, 2022

The real question is your pregnancy leave for employer number 1 consistent with you not taking pregnancy leave for employer number 2. Your doctor should be making that decision. If you were put on medical leave to protect your health and your child's health, you need to make sure that working... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Washington on
Q: My house sold at for closure auction where can I get free help claiming the surplus funds?

Auction was on aug.5th and I believe sold for 186,000 over what was owed .I am still in the house because without the money I have no cash to move and no where to go

Renee Louise Roman
PREMIUM
Renee Louise Roman
answered on Aug 27, 2022

Obtaining these funds may require the services of an attorney, one who is familiar with the surplus funds procedure, who can assess your situation. This process usually involves notice to lien holders and a hearing, so you may want to start that process as soon as possible. Although I am not aware... Read more »

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1 Answer | Asked in Employment Law for Washington on
Q: Commission-only (no salary our hourly pay) physician-can I be required to work in person in clinic certain hours?

I am required to be present in clinic certain hours of the week so medical assistants can administer vaccines. Often I don't have patients of my own at those times and because I'm not seeing the patients getting vaccinated (I'm just sitting in my office-have to be present in case... Read more »

Brad S Kane
Brad S Kane
answered on Aug 25, 2022

You are entitled to minimum wage for all hours worked. If your commission does not at least cover minimum wage for all hours worked, including the time you are required to be in the office, you are not being paid properly.

1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support for Washington on
Q: Wife keeping son in Philippines against my will, didn't let him return with me, can I stop her from taking son again?

When my wife (with a US green card) eventually returns with my son (Who is a US citizen) to America, can I prevent her from taking him back to the Philippines and keeping him there against my will again?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

In some cases a custodial parent has a primary decision making ability with respect to the minor's whereabouts.

For instance, if the second parent lost or never obtained an ability for shared parental responsibilities then one may not prevent a legally custodial parent from traveling...
Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Washington on
Q: If you are at a stop sign, is it legal for a car behind you to pull out into the oncoming lane to try and pass you?

If you're on a local (non-arterial) street stopped at a stop sign (on a 2-lane road w/no lane lines) waiting to turn out onto an arterial, is it legal for one of the cars waiting behind you to pull up on your left (placing them in the oncoming lane of traffic) to try and pass you without... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 19, 2022

A Washington attorney could advise best, but your question remains open for two weeks. From a general traffic safety standpoint, going around you and circumventing the stop sign creates a hazardous condition, however it is addressed by state-specific vehicle and traffic law. You ask about the best... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Washington on
Q: if someone is supposed to go do 60 days can they ask for home monitoring instead and just do more time?

already been sentenced and pleaded guilty

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 17, 2022

You needed to ask for this clarification at the time of sentencing because it sounds like the Judge sentenced this person to 60 days jail and so that is the way it is.

If there are circumstances that have changed that wasn't available to be talked about or discussed when it was done in...
Read more »

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1 Answer | Asked in Employment Law for Washington on
Q: Can I take my boss to court?They continue to retaliate against me for medical issues even when they are excused by A DR

I’ve been with this company 2.5 years. I worked 5+ days a week with the “best” and busiest shift. Then, I got covid. My boss continued to harass me to leave my quarantine to buy an at home test even though I provided a positive covid test from the DR 1 day before. When I refused to leave my... Read more »

Brad S Kane
Brad S Kane
answered on Aug 12, 2022

It is illegal to retaliate against you for taking a protected medical leave, such as taking away your shifts or giving you less desirable shifts. If you have paid sick leave or your employer has at least 5 employees, your short term medical leave is likely protected.

1 Answer | Asked in Traffic Tickets for Washington on
Q: How to file motion

In regards to having traffic infractions waived if only income is ss disability

Antone Alfred Weber
Antone Alfred Weber
answered on Aug 5, 2022

If the violation is found committed, they will want the entire fine. I have never heard of the fines being waived due to an inability to pay, although judges and prosecutors can be sympathetic. Many court (but not all) will offer a chance to pay fines through community service, such as... Read more »

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