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Washington Employment Law Questions & Answers
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.

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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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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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

1 Answer | Asked in Employment Law and Civil Rights for Washington on
Q: Is it legal to be watched during a pre-employment drug screening?

I was just hired to do payroll at a company & they required a drug test. During the test they actually stood less than a foot away & watched me pee in the cup. I felt completely violated & disgusted when I left. Is this legal?

James L. Arrasmith
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answered on Jun 15, 2024

I understand how uncomfortable that experience must have been for you. The legality of being watched during a drug test depends on the state and the specific circumstances of the testing. In some situations, such as for safety-sensitive positions, stricter monitoring is allowed to prevent tampering... View More

1 Answer | Asked in Banking and Employment Law for Washington on
Q: I worked 10years in retail in CA I had payroll to take 3%out of my check for the first 3 years from 2005-2008and afterth

That I had them take out $100 every payday andcthe company was supposed to match dollar for dollar whatever I put into my retirement now when I got fired after 10 years I worked for 2005-2015 at the end I believe I should have more than $20,000 in my retirement account? And I wanted to know... View More

James L. Arrasmith
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answered on Mar 20, 2024

It sounds like there might have been some miscommunication or misunderstanding regarding your retirement savings and life insurance policy. Firstly, for the retirement account, you should request a detailed statement from the beginning of your contributions to the present. This will help clarify... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Washington on
Q: Can my company pay me my 401k balance via extra hours worked on my checks?

For 1 year I got 60-90hrs extra on each check I figured it was them paying out stocks do to the company being sold and changing from employee owned to non, I just got a letter that states my 10k I had in my 401k is now at 0.00 this is the first mention of my 401k I have received

James L. Arrasmith
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answered on Jan 26, 2024

In addressing your question, it's important to understand that 401(k) plans are subject to specific regulations under the Employee Retirement Income Security Act (ERISA). Generally, these plans are not designed to be paid out through extra hours worked or through your regular paychecks. Such... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require that I stay on premise for the 8hr work day including lunch? -Washington state, exempt salaried
Brad S Kane
Brad S Kane
answered on Jan 14, 2024

Yes, Employers are not required to pay for a meal break if an employee is free from all duties for their entire break. Employees can only be required to remain on the premises or work site during their meal period if they are completely free from work duties.... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Environmental for Washington on
Q: Do I have a case against County Courthouse for toxic mold in my workplace?

After I started work at the Courthouse, I became ill. I was diagnosed with mold biotoxin illness due to water damage from a building, which the courthouse has had lots. While out on medical leave I started getting better, when I went back for one hour, my symptoms came back. My medical team and I... View More

T. Augustus Claus
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answered on Dec 27, 2023

Given your diagnosis of mold biotoxin illness and the apparent presence of toxic mold in your workplace at the County Courthouse, you may have grounds to pursue a case. The visible signs of water damage, coupled with your health deterioration upon returning to work, provide substantial evidence.... View More

1 Answer | Asked in Employment Law and Civil Litigation for Washington on
Q: My catalytic converter was stolen from my car at my workplace parking, will not let me park in safer area, can I sue?

Security at work (a mall) started harassing me parking in a "customer only" area which is more accessed controlled and safer to park in than the employee parking area. The converter was stolen a couple of months after they forced me to move my vehicle (was parking for years without issues... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your case, the first aspect to consider is whether your employer or the mall has any legal obligation to provide secure parking. Generally, employers are not required to ensure the safety of employees' vehicles in the parking lot. However, if there's an agreement or policy that... View More

1 Answer | Asked in Employment Law for Washington on
Q: How would I sue for my PTO pay

Back on May 30th of 2024 I was terminated . For reporting harassment the day prior. However at this point I mainly want to focus on the around $1800 in PTO PAY that I never received. According to the employee handbook any and all PTO is supposed to be paid out upon termination. Every employment... View More

Brad S Kane
Brad S Kane
answered on Nov 21, 2024

You can file a wage complaint with the Washington State Department of Labor Industry at:

https://secure.lni.wa.gov/wagecomplaint/#/

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: Do I have a case if I got fired for breaking a company policy , but my coworkers who broke the same policy didn’t?

I work in a male dominated industry and feel like I’m being discriminated and targeted. My boss also broke the company policy too.

Brad S Kane
Brad S Kane
answered on Nov 16, 2024

If you are female and you were fired for breaking a company policy, while male employees are not disciplined for breaking the same policy, then you may have a claim for gender based discrimination.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Washington on
Q: Whats the best defense for a disciplinary hearing & what are my legal rights as a disabled unionized healthcare worker?

i have a scheduled disciplinary hearing scheduled at work. I am a HCA (Home Care Aide) or healthcare professional. I have fraudulent/contradictory allegations made towards me including rear-ending someone in an auto collision, buying a client alcohol & having a relative drive us home due to my... View More

James L. Arrasmith
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answered on Oct 19, 2024

First, carefully review all the allegations against you and gather any evidence that supports your side, such as emails, messages, or witness statements. Document the events in detail, including dates, times, and any relevant interactions. Collect any evidence that can refute the fraudulent claims,... View More

Q: When minor's get paychecks and have to pay the taxes isn't this taxation without representation?

I'm 16, and whenever I receive a paycheck, I lose about $25 to $30 due to taxes. This made me think about the Constitution and how this feels like textbook taxation without representation. I’ve done some research, and taxation without representation describes someone who is required to pay... View More

James L. Arrasmith
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answered on Sep 25, 2024

You’re right that taxation without representation historically refers to being taxed by a government without having a say in its decisions. In your case, you’re paying taxes, but because you’re under 18, you can’t vote yet, which might seem like you’re not being represented.... View More

1 Answer | Asked in Employment Law and Constitutional Law for Washington on
Q: I was terminated due to not giving a urine anlysis. My argument is that it was given by directo oberservation

I consented to a u/a however when I found out it was by direct oberservation I wouldnt give one due to invasion of privacy and trauma regarding the collection process. It is not in their policy rule that the do the u/a with direct oberservation. I filed for unemployment and got denied, I have... View More

James L. Arrasmith
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answered on Sep 14, 2024

It sounds like you are challenging your termination based on the lack of a policy about direct observation during a urine analysis (UA) and your concerns about privacy and trauma. When a workplace conducts drug testing, they generally must follow specific procedures outlined in their policy... View More

1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Washington on
Q: Can I start an LLC on an F1 OPT as a foreigner? If yes, am I allowed to work full-time for my LLC and draw a salary?

I graduated in May 2024 with an MBA degree and I am currently on my F1 OPT. I have been working on a business idea for some time, and would like to start an LLC to formalize my business and use it as my OPT for the first year. I have already spoken to my DSO and while they have not raised any red... View More

James L. Arrasmith
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answered on Aug 16, 2024

You can form an LLC while on F1 OPT, but there are some important limitations to be aware of. While starting the business is allowed, working full-time for your own company can be problematic. The U.S. immigration rules for OPT require that employment be directly related to your field of study, and... View More

1 Answer | Asked in Consumer Law, Employment Law, Education Law and Internet Law for Washington on
Q: What legal implications would need to be considered to create a LinkedIn style platform for minors under the age of 16?

I'm interested in creating an online platform similar to LinkedIn but specifically for individuals under the age of 16 who are looking for internship, mentorship, and volunteer opportunities. Given that LinkedIn currently restricts its users to those over 16, I want to understand the legal... View More

James L. Arrasmith
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answered on Aug 6, 2024

Creating a LinkedIn-style platform for minors under 16 involves navigating several important legal considerations. Firstly, you must comply with child labor laws, which vary by state and regulate the types of work minors can do, the hours they can work, and the conditions under which they can work.... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for Washington on
Q: I was assaulted for stealing 2 soda pops what can I do to get a attorney
James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry to hear that you were assaulted. That must have been a traumatic experience. Regardless of the circumstances, no one has the right to assault you.

In terms of getting legal assistance, here are some steps you can take:

1. Contact the police and file a report about...
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