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Washington Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Washington on
Q: A former employer committed perjury in state court documents, is this a form of Retaliation?

Employer also lied about how I stopped working for him.

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

It is possibly retaliation, it is not possible to say based on the information you have provided. This sounds as though it was related to an unemployment insurance claim. You may need to obtain statements from witnesses or provide their contact information to whomever is investigating your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Does Employer Lawyer get a chance to bring their witness in the trial or only the employee lawyer can?
Brad S Kane
Brad S Kane answered on Sep 5, 2021

Both sides get the opportunity to call witnesses at trial. However, there are rules requiring disclosure in advance, so the other side can prepare.

1 Answer | Asked in Employment Law for Washington on
Q: How may I get a free affidavit form
Brad S Kane
Brad S Kane answered on Aug 3, 2021

Try Googling Washington State Free Affidavit Form

You can go to the link below and copy the information, which is for a free self-proving affidavit for a last will and testament

https://freeaffidavitform.com/2011/05/free-washington-affidavit-forms.html

There is no guarantee...
Read more »

1 Answer | Asked in Employment Law for Washington on
Q: I was fired for refusing to work off the clock. I have proof of my employer asking me to work off the clock in a text.

When I said I would not do the work off the clock but would on the clock he didn’t reply to my text. I came in to my workplace the next day and he fired me.

Carrie Dyer
Carrie Dyer answered on Jun 30, 2021

You should contact an employment law attorney in your area to discuss the details of your situation. It sounds like you may have a claim for retaliation under the Fair Labor Standards Act and/or state law.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I’ve requested a raise from my employee but have not heard back, even though they said all raises would start June 1.

I requested a raise from my employer 2 months ago as part of my annual performance review, after 4 years of working for them and receiving no merit increases for the past 3 years. In a company-wide email in April, HR said all performance reviews and merit increases would take effect by June 1,... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 23, 2021

Based on what you've described, there is no legal violation. Your employer is not legally obligated to give you a performance review or merit increase. If they chose to do so, they can implement the raise at any time of their choosing.

2 Answers | Asked in Employment Law for Washington on
Q: is it legal to record someone with out consent or knowledge if its to catch them harassing you at the workplace

the harassment is both verbal abuse and sexual in nature. no physical sexual harassment so the recording would be audio

Carrie Dyer
Carrie Dyer answered on Jun 16, 2021

Washington is a "two-party consent" state. That means it is unlawful to intercept or record a private phone call, in-person conversation, or electronic communication unless all parties to the communication consent.

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1 Answer | Asked in Employment Law for Washington on
Q: Is an "at-will" employee stipulation in a job offer letter bad?

Usually a decent job with benefits will offer you a different kind of contract right?

Rhiannon Herbert
Rhiannon Herbert answered on Jun 1, 2021

Almost all positions are considered at-will. Regardless of whether your offer letter specifically states your position will be considered at-will, at-will employment status can be thought of as the "default" employment status that will apply even if the offer letter is silent on this.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: ADA Job Accommodation Request Was Denied

My ADA job accommodation request to work from home was denied. There is currently a vacant job (job was vacant at the time of my ADA job accommodation request) that my peers currently work from home. I've applied for the job, but haven't heard back. Does my seniority and ADA job... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 31, 2021

Hi, more information is needed here. An accommodation request does not give you priority if the employer has a policy that an employee must apply for a vacant position and they are given the same opportunity as the other applicants. However, some courts have held the opposite, and the disabled... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Washington on
Q: I broke my foot at home I live in Wisconsin, can my employer fire me if I'm under my doctor's care?
Kyle Anderson
Kyle Anderson answered on Mar 3, 2021

Hello, under the Americans with Disabilities Act, you likely do not have protection. However, your leave may be protected under the Family and Medical Leave Act "FMLA", you may have protection depending on the seriousness of the injury, the size of the employer, and other factors. I would... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: If a company sends you a letter offering employment and you sign and accept is it legally binding?

The letter offers the position and the start date. I signed it and sent back to my HR department. Now they are pushing the start date back and saying first letter is not valid. In the letter there is no mention of changing hiring dates.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 1, 2020

Unfortunately, an offer letter is not a contract, meaning it is not legally binding. While it is inconvenient for you, your employer is permitted to push your start date back and issue a new letter with updated terms.

1 Answer | Asked in Employment Law and Tax Law for Washington on
Q: I am taking severance pay. They are classifying as a gift and taking 35-40%in taxes. Is there a way to make it pay?

My position is being eliminated. I'm taking severance pay. Want to get it as pay not a gift with huge taxes taken. Can that be done?

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

This seems strange. In a business context and where services are involved, it seems unlikely that any payment can be considered a gift. This sounds like taxable income to me. Regardless of how the employer treats it, you still have the responsibility to report all of your taxable income and if... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer have a work week of Sunday thru Saturday and a pay period of the 1st thru the 15th and the 16th - end?

Can they chop up my wks on time card to get out of paying me overtime?

Kyle Anderson
Kyle Anderson answered on Oct 26, 2020

Hi the employer can use whatever period it wants for the workweek and pay period. If you work more than 40 hours in that workweek, you should be paid overtime.

1 Answer | Asked in DUI / DWI, Employment Law, Personal Injury and Workers' Compensation for Washington on
Q: How do I know that I need a lawyer?

I live in Kirkland, WA and am not currently employed.

Tim Akpinar
Tim Akpinar answered on Oct 4, 2020

A Washington attorney could advise best, but your post remains open for four weeks. From the brief description, it isn't clear what the matter involves, as it is posted across several categories. For starters, if you were injured (you posted under Personal Injury), you could reach out to... Read more »

1 Answer | Asked in Contracts and Employment Law for Washington on
Q: What does executed confidentiality and invention assignment agreement mean?

I received a termination email saying I executed confidentiality and invention assignment agreement from amazon.

What does this even mean? All I do is work and come home so I'm not this makes sense to me

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 1, 2020

Termination Email sounds like termination from employment from Amazon. If you work or worked for Amazon then their terms of employment likely required you to retain in confidence and to assign any inventions you created to Amazon.

1 Answer | Asked in Contracts, Employment Law and Personal Injury for Washington on
Q: I'm physically disabled and paid friend to work for me and they didn't and left me in a very dangerous situation what do
Tim Akpinar
Tim Akpinar answered on Aug 2, 2020

A Washington attorney could advise best but your question remains open for two weeks. Although you posted this under personal injury, it could be a more complex and fact-intensive setting than generic auto accident or slip and fall personal injury cases. If you contact an attorney, one of the first... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: I believe I've been the victim of workplace discrimination and wrongful termination of employment

I am transgender, and stated that I am transitioning and would like to use my preferred name. They said they couldn't because their system would mess up when clocking in, despite using a numerical entry clock in. Furthermore, I was terminated the next day on the basis of I stated that I hoped... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 1, 2020

It sounds like you may have a claim for discrimination on the basis of sex in violation of Title VII. Additionally, if your employer was aware of your arthritis and your request for an accommodation, and failed to offer you a reasonable accommodation for your condition, you may have a claim under... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Washington on
Q: Should I file EEOC and sue?

My employer cut my hours and days due to my "negative energy" aka my depression. It has never affected me with my clients but my coworkers were "concerned" and told my manager who the district leader told her to cut my hours without talking to me before doing so.

Kyle Anderson
Kyle Anderson answered on Jun 10, 2020

I would recommend reaching out to an employment attorney in your state for a consultation. Your depression may qualify as a disability under the Americans with Disabilities Act, so an adverse employment action (pay cut, termination, etc.) taken on the basis of your depression may be unlawful.

1 Answer | Asked in Employment Law for Washington on
Q: I have been terminated from my employment due to company restructuring. What happens if I sign a separation agreement?

My employer restructured the business and eliminated my position. The separation agreement states in order to be paid out my severance and vacation, I must agree not retaliate or seek legal action against the company. I am an older employee with a 23 year work history. If I refuse to sign, can they... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 10, 2020

Yes. The employee handbook is not a binding contract. I would recommend reaching out to an employment attorney in your state for a consultation and/or severance review. During the meeting, you can discuss the circumstances surrounding the position elimination, whether or not you have any legal... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Education Law for Washington on
Q: I used to be a mascot in college and got a skin disease from it that has now lasted years. Is there Anything I can do?

The school was in Washington state and I was paid for being the mascot. I told them about it and had to stop working after I got a child’s skin infection from the suit.

Tim Akpinar
Tim Akpinar answered on May 8, 2020

A Washington attorney could advise best, but your post remains open for two weeks. Unfortunately, this looks like it would be a tough case. When you say "years," that raises concerns about statute of limitations issues. That aside, if other mascots did not suffer similar reactions to the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Washington on
Q: My unemployment claim is under investigation for fraud. If I am denied benefits, can I file an appeal and if so, should

I furloughed because of covid 19 and applied for unemployment benefits (in Washington D.C). My claim was not being processed, so I called their office and the representative I spoke with said that I was under investigation for fraud because I did not list myself as having a job in Maryland.... Read more »

Charles William Michaels
Charles William Michaels answered on May 5, 2020

I sounds like that you should be prepared to file an appeal. There are very good lawyers in Washington DC who handle appeals on unemployment benefits. Talk to any one of them, before the 21 days is up.

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