Lawyers, Answer Questions  & Get Points Log In
Washington Employment Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Washington on
Q: Can a business refuse to give me a time that an employee comes into work if I’m trying to serve legal papers?

I’m trying to serve legal documents and I can’t sit outside their place of work all day waiting for them to come in.

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

In general, a business is not required to voluntarily disclose information about their employee’s work schedules.

If you are an authorized process server, you can leave your business card for the employee and ask him to call you to arrange a convenient time to be served, but he is not...
View More

2 Answers | Asked in Contracts and Employment Law for Washington on
Q: My workplace laid me off and paid me $500 severance. Now they are saying if I don't sign an NDA I must return it.

Am I legally obligated to either sign the NDA or return it? Email below:

Thank you again for being part of the XXXX team especially in the past few months which have been rocky and trying for all of us. I really thought that we wouldn't need to do any further cuts but it was unforeseen... View More

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

Unless you signed some sort of agreement, you are not currently obligated to either sign the NDA or to return the $500 severance payment. Advancing a severance payment shortly before filing a petition in bankruptcy might create a situation in which the bankruptcy trustee attempts to clawback the... View More

View More Answers

2 Answers | Asked in Contracts and Employment Law for Washington on
Q: My workplace laid me off and paid me $500 severance. Now they are saying if I don't sign an NDA I must return it.

Am I legally obligated to either sign the NDA or return it? Email below:

Thank you again for being part of the XXXX team especially in the past few months which have been rocky and trying for all of us. I really thought that we wouldn't need to do any further cuts but it was unforeseen... View More

Eva Zelson
Eva Zelson
answered on Aug 24, 2023

It is always best to have an employment lawyer review any severance agreement.

However, if you haven’t already agreed to NDA terms in a severance contract, and you accepted the payment without agreeing to any conditions, you are likely under no obligation to return the advance payment....
View More

View More Answers

1 Answer | Asked in Employment Law for Washington on
Q: If I am terminated from my employment for violating a work policy, am I allowed to request a copy of that policy?

My separation of employment states I violated a work policy that i have never seen of heard of or been trained on in the seven years I worked for the company.

Brad S Kane
Brad S Kane
answered on May 24, 2023

You can absolutely ask for a copy of the policy. You have a right to review the contents of your personnel file under RCW 49.12.240.

RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and...
View More

2 Answers | Asked in Employment Law for Washington on
Q: Am I allowed to request a copy of my verbal statement given to my HR rep if it was used as a reason for termination?

I gave a verbal statement to my HR rep of an incident that occurred over the course of 10 days at my place of employment, advised the notes the HR rep typed up would be sent to me for review and signature. I was then fired for not mentioning a part of the incident during my verbal recollection of... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Terribly sorry to hear about your experience and condolence on your friend's death. Many states have laws that provide an employee with a right to see anything in the employer's file about them, which would include these notes. Under these laws you don't have to file a lawsuit, you... View More

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Employment Law for Washington on
Q: Will a vehicular assault charge always disqualify you from working with children/vulnerable adults? Other jobs?

I was convicted of vehicular assault 11 years ago, since it never leaves my record will it always show on a background check? I am looking into switching jobs but I am unsure of what restrictions this charge still has.

Stan Glisson
Stan Glisson
answered on May 9, 2023

Most times Vehicular Assault would be eligible to vacate after ten years. You might want to consult with an attorney to see if you are eligible.

It's not a "crime against persons" so in most contexts wouldn't be an automatic disqualification. But certainly would look...
View More

1 Answer | Asked in Employment Law, Admiralty / Maritime and Business Law for Washington on
Q: Can a captain charge deckhands for gear/supplies as he deems fit?

Normal deductions are food/fuel. The following are extra.

2 examples.

A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska.

In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I...
View More

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: What's the average compensation due to victim for wrongful termination due to retaliation for seeking internal transfer?

I have proof of retaliation.

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

First, each wrongful termination case is very fact specific, there is no "average" compensation standard.

Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to...
View More

1 Answer | Asked in Employment Law for Washington on
Q: I’m in Washington State and my employer says no one is allowed to discuss wages, is that legal?

I work in a senior living facility and I recently learned I was being paid a significant amount less than the other receptionists. I discussed my pay with my boss and she did give me a raise, but made it clear I am not allowed to discuss pay with other employees. She said it is a written rule in... View More

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

According to the Department of Labor and Industries,

Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited....
View More

1 Answer | Asked in Employment Law for Washington on
Q: I was put on "salary" can I charge over time?

I was working 84hrs a week 7weeks straight no days off, I was told 2500 manage office, then I ended up doing full housekeeping n laundry service too. can I charge over time and for different dutties? And he wants charge me rent now. And keeps changing my pay for those 7 weeks.

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

In Washington state, the 2023 minimum salary for exempt employees working for small employers (1-50 employees) is 1.75 times the minimum wage. That means an employee exempt from overtime pay must earn at least $1,101.80 a week ($57,293.60 a year).

For large employers (51 or more employees),...
View More

2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Christopher Kirk Steuart
Christopher Kirk Steuart
answered on Feb 28, 2023

Based on the limited set of facts provided in your question it is difficult to determine how serious or dangerous the situation you are describing is. This is an issue of what are your responsibility to the organization, patients, and the broader community. With knowing more, I would say the first... View More

View More Answers

2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Brad S Kane
Brad S Kane
answered on Feb 28, 2023

You can file a complaint with the appropriate regulatory agency or notify your employer of the activities that you believe in good faith to be illegal. If you do so, your employer is legally prohibited from retaliating against you for whistleblowing.

At the same, you would be wise to seek...
View More

View More Answers

1 Answer | Asked in Employment Law for Washington on
Q: My former employer payed us with personal checks, upon my request for my hours, pto, why so much was taken out,no w2

A coworker said that we shouldn't even file taxes because the company sank, that shouldn't have mattered considering hebwas allegedly withholding portions of my check for taxes

Brad S Kane
Brad S Kane
answered on Feb 20, 2023

Sounds like you were not getting paystubs showing the deductions. You should report your former employer to the IRS and the Washington Department of Labor and Industries, who may just be keeping your money. You are entitled to credit from the withholding for future social security benefits,... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer make me shorten my regular hours to accommodate working the weekend to avoid paying me overtime?

My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.

1 Answer | Asked in Employment Law for Washington on
Q: Washington being an at will fire state, if fired can you sue an employer that hasnt fired someone for something greater?

Specifically, an employee has been caught passed out drunk during food service at a retirement home. For whatever reason he was taken off the schedule for two or three days, then returned to work. Im just curious if by not firing this person over a very major offense is there grounds for someone in... View More

Brad S Kane
Brad S Kane
answered on Dec 22, 2022

Unfortunately, each case is fact specific and it is impossible to give meaningful advice without knowing more factual context. In general, if you were let go for being 3 minutes late, while someone else was allowed to stay though they were passed out drunk at work, it would certainly raise... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can you refuse an unpaid 30 minute break?

I work in a bistro restaurant

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 5, 2022

Employers are permitted to require their employees to take 30+ minute unpaid breaks. However, if you are required to perform any work during this 30 minute break period, such that it isn't an "uninterrupted" break, you generally need to be paid for the break time.

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.... View 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 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... View 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...
View More

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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.