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Washington 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 Business Law, Civil Litigation and Landlord - Tenant for Washington on
Q: HOA entered my unit without consent during repairs. What actions can I take?

I was informed by my HOA via voice message that the crew needed interior access to my unit for building repair work. I was in Japan at the time, and I emailed them with my return date but received no reply. Upon my return, I discovered signs of entry in my unit, including the removal of the window.... View More

Mat Cleary
Mat Cleary
answered on Mar 19, 2025

The first step would be going through the HOA agreement to verify there are no other entry rights beyond the emergencies clause. They might have a general right with a certain notice period. If that is not the case, you could potentially have an argument for trespassing and damages, though the... View More

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

2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Washington on
Q: Will my 17-year-old face jail for reckless driving in WA?

My 17-year-old son was issued a criminal citation for reckless driving as he was caught driving 120 mph in a 70 mph zone. He has no prior citations or offenses, there are no additional charges, and he has a court date scheduled. Will he face jail time?

Antone Alfred Weber
Antone Alfred Weber
answered on Mar 17, 2025

Reckless driving is a gross misdemeanor. Maxim penalties are up to 364 days in jail, and a $5000 fine. If found committed, he will also have a 30-day license suspension and a mandatory 3-years of SR-2 (high-risk) insurance to have a license.

The reality is, as my colleague says, jail time...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Civil Rights for Washington on
Q: Can a conviction be appealed in Washington for an accidental shooting incident involving intoxication?

My girlfriend accidentally shot me in the hand while we were intoxicated. She was interrogated at our house while I was taken to the hospital, and due to her intoxication, her statements were inconsistent. Law enforcement pressed different narratives, leading to a charge of assault 2. Despite... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 11, 2025

The real answer here is no, by accepting the deal and pleading guilty you gave up your rights to confront your accusers and question them. All your appeal rights so that is just the way it is. You should have fought the case and gone to trial and then if you lost your appeal rights would still be... View More

1 Answer | Asked in Probate and Family Law for Washington on
Q: Does a grandson qualify as heir in WA probate case without a will?

My mother's estate in Washington is being handled through probate without a will. She had seven children, two of whom, including my brother, passed away before her. My brother has a child, who is my mother's grandson. Does he qualify as an heir and receive my deceased brother's share... View More

Janta Steele
Janta Steele
answered on Mar 11, 2025

Yes, if your mother's estate is being probated without a will and any of her children passed away before her but leaving their own children (i.e. if your brother died before your mother but had kids), then any grandchild by a pre-deceased child inherits under RCW 11.04.015(2)(a).

A...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Criminal Law for Washington on
Q: Can I be charged with criminal trespassing after living on a property for 20 years?

I have been living on a property for about 20 years with the owner's knowledge and have never signed any paperwork or paid rent. Recently, the owner called the police on me for trespassing, cut off utilities, and now wants to pursue criminal trespassing charges against me. Additionally, I used... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 9, 2025

This issue is rooted in Landlord/tenant law so you need to consult with an attorney that handle that type of cases because you may have an argument there. Obviously you don't have a deed or ownership because of purchase, but through being there with the knowledge of the owner you may have... View More

1 Answer | Asked in Personal Injury and Criminal Law for Washington on
Q: What are my self-defense rights during a road rage incident in a parking lot?

I was parked in a designated spot when a man exited his vehicle and aggressively hit my car, demanding that I move. Although no one was harmed, a heated argument ensued. Do I have the right to defend myself in such a situation?

Cristine Beckwith
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Cristine Beckwith
answered on Mar 8, 2025

Hello, while you can use reasonable and necessary force to protect yourself and your property, you would want to exercise as much restraint as possible. If you were to strike this man, law enforcement could determine that (in their opinion) you were the aggressor and charges could result.

2 Answers | Asked in Libel & Slander and Intellectual Property for Washington on
Q: Unauthorized use of son's name in book, seeking legal advice.

I need legal help regarding a trainer who is writing a book falsely claiming personal experiences involving my son, James Edwards, using his full name and personal information without permission. The narrative is misleading, inaccurate, and hearsay, as the trainer was not involved in my son's... View More

Emmanuel Coffy
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Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2025

You may have legal grounds to prevent the unauthorized use of your son's name and personal information in the book. Potential legal actions include:

Cease and Desist Letter – Have an Attorney send a formal demand to stop using your son's name and personal details....
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1 Answer | Asked in Consumer Law and Contracts for Washington on
Q: What can I do if my parcel from Aramex hasn't arrived and is not insured?

I was supposed to receive a parcel from Aramex containing my R3000 Nike shoes by March 4th, but it still hasn't arrived as of March 6th. I've contacted Aramex, but I haven't received any response from them. The parcel wasn't insured. What legal steps can I take to address this issue?

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

Hello - you stated you were supposed to receive a package by March 4th and haven't received the pacage by March 6th, but today is March 5th, not 6th.

There is nothing "legally" that you can do if a package is one day late but ask for a refund if you paid extra for delivery by...
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1 Answer | Asked in Civil Rights and Consumer Law for Washington on
Q: Can Grocery Outlet enforce a policy against backpacks but not purses?

I'm wondering if Grocery Outlet can legally refuse to let me shop unless I leave my backpack at the counter, which to me appears to violate my 4th Amendment rights. They claim it is store policy, but they only enforce this on individuals with backpacks, not women with shoulder bags or purses.... View More

Merry A Kogut
Merry A Kogut
answered on Mar 4, 2025

This is not a violation of your rights. The 4th Amendment applies to government entities, not to private companies.

There are laws against discrimination (state and federal) that apply in some situations - for example, if the store rule only applied to men with daypacks, but not to women...
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2 Answers | Asked in Banking and Public Benefits for Washington on
Q: Can I use funds from a joint account with grandmother's survivor benefits?

I am on a joint bank account with my grandmother, who receives survivor benefits as the primary source of funds in this account. She added me to the account to ensure her needs are fulfilled, and she has explicitly told me that I can use the account for myself if needed. Am I legally allowed to use... View More

Merry A Kogut
Merry A Kogut
answered on Mar 4, 2025

If your grandmother has added you to joint bank account as a co-equal member of the account, you can use funds from the account.

HOWEVER, if it were me, I'd first get something in writing to this effect from my grandmother, witnessed and notarized, to avoid any allegations two years...
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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 Child Custody, Domestic Violence and Family Law for Washington on
Q: Do I need my mother's consent to live with my father in a different state?

I am a 16-year-old minor living in Washington with a family friend for about six months after being removed from my mother's household due to domestic violence concerns. There were no legal or custody agreements made regarding my current living situation. I want to move to a different state to... View More

David Lutz
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David Lutz
answered on Feb 26, 2025

As a minor whose mother has legal rights over you, you are not free to live wherever you choose. Understanding you have been living with a friend for six-months, either your mother agrees or is not objecting to your living situation. It is possible that, if you were to move to live with your father... View More

2 Answers | Asked in Constitutional Law and Civil Litigation for Washington on
Q: Is it legal to record a phone call with a company in WA without permission?

I am considering recording a phone call with a company based in Washington State, of which I am one of the parties. The purpose of the recording is for documentation/evidence. Is it legal to record the call without obtaining permission from the company?

Merry A Kogut
Merry A Kogut
answered on Feb 25, 2025

Thank you for the interesting question.

Washington State is a "two party consent state," which actually means that every party to a phone conversation, meeting, etc, must consent in advance to being recorded.

People who violate this rule can be subjected to criminal...
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2 Answers | Asked in Probate and Real Estate Law for Washington on
Q: Can I keep paying deceased dad's mortgage & acquire house?

My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings... View More

Anthony M. Avery
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answered on Feb 23, 2025

You will need to consult with a WA attorney. But you do not acquire title by paying someone else's note. You might pay it off, then the other tenants in common file a partition suit against you. It might be better to try to get quit claim deeds from the other heirs now, even if you do not... View More

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2 Answers | Asked in Probate and Real Estate Law for Washington on
Q: Can I keep paying deceased dad's mortgage & acquire house?

My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings... View More

Merry A Kogut
Merry A Kogut
answered on Feb 25, 2025

Making payments to the mortgage company does not ensure that you will have any right to inherit the house.

The only way the house can become your legal property is to go through probate and have a judge make a ruling giving the house to you. It will be helpful if your siblings and any...
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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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1 Answer | Asked in Child Custody, Civil Litigation and Criminal Law for Washington on
Q: Can I regain custody of my son if his father refuses to return him and has a pending felony charge in Grant County, WA?

My son's father and I have a residential schedule that states our son is to reside with me in Grant County, WA, but we do not have a formal parenting plan. I allowed him some parenting time, and now he refuses to return our son to me. The police and CPS have informed me this is a civil issue.... View More

Merry A Kogut
Merry A Kogut
answered on Feb 18, 2025

I am so sorry that you have been going through this, but at the stage I'd strongly urge you to file a legal action for custody in whatever Family Court (through Superior Court) is closest to you in Washington.

If you are low-income, you may be able to get free legal assistance in this...
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