Washington Employment Law Questions & Answers
Q: Is it illegal for a boss to have his family/friends on company payroll even if they don't work for the company?
Brent Bowden's answer
It could be argued that he was sealing money and committing fraud, especially if he turned in timesheets/employment applications/etc that contained false information.
It could be argued that he was sealing money and committing fraud, especially if he turned in timesheets/employment applications/etc that contained false information.
Q: Can a consulting firm employ a consultant as Exempt and hourly, paying them an hourly rate based on billed hours?
Mark David Nusz's answer
If you are an exempt employee, that means that your employer does not have to pay you overtime rates (i.e. time and a half for weekly hours over 40) or the minimum wage. In order to classify you as an exempt employee, there is a three-part test that must be passed. One of these tests is that you must be on a salary that pays you more than a specified amount per week. Another of these tests requires a determination of the type of work you are doing. If it is a "white collar" type of work,...
If you are an exempt employee, that means that your employer does not have to pay you overtime rates (i.e. time and a half for weekly hours over 40) or the minimum wage. In order to classify you as an exempt employee, there is a three-part test that must be passed. One of these tests is that you must be on a salary that pays you more than a specified amount per week. Another of these tests requires a determination of the type of work you are doing. If it is a "white collar" type of work,...
Q: I am searching for US case law to establish myself as an owner operator ( independent trucker ) for a lawsuit
1 Answer
| Asked
in
Civil Litigation, Car Accidents and Employment Law
for
Washington
on
Answered on Nov 30, 2017
Answered on Nov 30, 2017
Peter Munsing's answer
There are several claims you may have. For what was in the truck, for damage to the truck or trailor, for your damage (injury/medical bills/lost wages).
I suggest you contact a member of the State of Washington Assn for Justice--they give free consultations.
There are several claims you may have. For what was in the truck, for damage to the truck or trailor, for your damage (injury/medical bills/lost wages).
I suggest you contact a member of the State of Washington Assn for Justice--they give free consultations.
Q: I am an American wanting to work in Canada but I do not want to lose my citizenship. Will I lose it if I accept a job?
Hector E. Quiroga's answer
You can lose your citizenship if you swear allegiance to another country. Perhaps you don’t need to be a citizen of Canada, however, just their equivalent of a permanent resident.
You can lose your citizenship if you swear allegiance to another country. Perhaps you don’t need to be a citizen of Canada, however, just their equivalent of a permanent resident.
Q: Do I have a case- short version- I tore my meniscus while on the job. Before I thought about possibly claiming L&I,
1 Answer
| Asked
in
Employment Law, Personal Injury, Workers' Compensation and Construction Law
for
Washington
on
Answered on Jul 6, 2017
Answered on Jul 6, 2017
Peter Munsing's answer
Talk to a member of the State of Washington Assn for Justice who handles workers compensation. Problem is your original story.......but members of SWAJ give free consults.
Talk to a member of the State of Washington Assn for Justice who handles workers compensation. Problem is your original story.......but members of SWAJ give free consults.
Q: Can I legally be in law enforcement with a class c felony ( unlawful poss firearm) even though I got my gun rights back?
Stan Glisson's answer
If you are considering a career in law enforcement, I think you definitely want to vacate your record if you can. I don't know if it is 'legally' impossible for you to work in LE, but as a practical matter I can't imagine you getting hired. Your ability to testify in court is extremely compromised if you are a convicted felon, it is probably admissible as impeachment material every time you testify. The jury would hear it, making it very difficult for prosecutors to build a case around your...
If you are considering a career in law enforcement, I think you definitely want to vacate your record if you can. I don't know if it is 'legally' impossible for you to work in LE, but as a practical matter I can't imagine you getting hired. Your ability to testify in court is extremely compromised if you are a convicted felon, it is probably admissible as impeachment material every time you testify. The jury would hear it, making it very difficult for prosecutors to build a case around your...
Q: if an employer does not inform you or give any incentive of liability and if you get injured how much liability covered?
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Washington
on
Answered on Nov 29, 2016
Answered on Nov 29, 2016
Peter Munsing's answer
Not sure what you mean. Comp is no fault system. If the employer is unsafe, in most states you can't sue them. If you do something unsafe, so far no effect. So "liability " isn't an issue.
Not sure what you mean. Comp is no fault system. If the employer is unsafe, in most states you can't sue them. If you do something unsafe, so far no effect. So "liability " isn't an issue.
Q: Can I hold my old boss the hotel and Wyndham Corp.liable for my boss lieng to police leading to my arrest and term.
1 Answer
| Asked
in
Civil Rights, Libel & Slander, Personal Injury and Employment Law
for
Washington
on
Answered on Jun 29, 2016
Answered on Jun 29, 2016
Peter Munsing's answer
Talk to an employment law specialist--there are a number in Philadelphia. This does sound like there are problematic aspects, but most give free consultations so ask for one.
Talk to an employment law specialist--there are a number in Philadelphia. This does sound like there are problematic aspects, but most give free consultations so ask for one.
Q: can i do affiliate marketing on Opt status and H1 my course subjects are related to computer science
1 Answer
| Asked
in
Criminal Law, Employment Law, Immigration Law and Tax Law
for
Washington
on
Answered on Feb 5, 2016
Answered on Feb 5, 2016
Shan Dimitris Potts' answer
You can do as many jobs as you want when you are on OPT, but you will have to report all those jobs and they pay taxes properly. If you get an H1 you can not work for anyone else except the employer who sponsored your H1 visa. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal...
You can do as many jobs as you want when you are on OPT, but you will have to report all those jobs and they pay taxes properly. If you get an H1 you can not work for anyone else except the employer who sponsored your H1 visa. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal...
Q: Questions about working visa for OPT student
Shan Dimitris Potts' answer
If you want to go back to hong kong that is fine, your employer can apply for your work visa and do it through consular processing (meaning it will be processed in the us consulate in hong kong) and once the visa is approved you can enter the USA with the new visa. Without knowing your job position it is hard to say which visa type it would be. And we can not quote you a price here because this is a public forum, you should talk to an attorney in private to find out about the pricing. All the...
If you want to go back to hong kong that is fine, your employer can apply for your work visa and do it through consular processing (meaning it will be processed in the us consulate in hong kong) and once the visa is approved you can enter the USA with the new visa. Without knowing your job position it is hard to say which visa type it would be. And we can not quote you a price here because this is a public forum, you should talk to an attorney in private to find out about the pricing. All the...
Q: My husband is being asked to resign from his teaching position after being falsely accused of falsifying data.
Charles Snyderman's answer
Your husband should consult with an employment lawyer who can review the facts with you and advise you as to your rights.
Your husband should consult with an employment lawyer who can review the facts with you and advise you as to your rights.
Q: A friend was recently laid off, She was told her job was eliminated. It has instead been given to another employee.
Jared Hawkins' answer
Washington is an at-will employment state, which means that those employees whose jobs aren't protected by an employment contract, collective bargaining agreement, or some other similar protection (i.e., most of us) can be terminated without cause (i.e., without grounds) as long as the termination wasn't based on the employee's position in a protected class (i.e., gender, race, etc.). In short, unless the reason for your friend's termination was because of race, gender, age, disability, etc.,...
Washington is an at-will employment state, which means that those employees whose jobs aren't protected by an employment contract, collective bargaining agreement, or some other similar protection (i.e., most of us) can be terminated without cause (i.e., without grounds) as long as the termination wasn't based on the employee's position in a protected class (i.e., gender, race, etc.). In short, unless the reason for your friend's termination was because of race, gender, age, disability, etc.,...
Q: On lt duty at work on an L&I claim. was told that I could leave, next day I was fired for walking off the job.now what?
Jared Hawkins' answer
Well, if you believe you were retaliated against by your employer because you had an open L&I claim you can file a retaliation claim with L&I within 90 days of your termination. You could also consult with a private attorney to see if there are also grounds for a lawsuit for wrongful termination (you haven't provided enough facts to make that determine based on your description). Good luck.
Well, if you believe you were retaliated against by your employer because you had an open L&I claim you can file a retaliation claim with L&I within 90 days of your termination. You could also consult with a private attorney to see if there are also grounds for a lawsuit for wrongful termination (you haven't provided enough facts to make that determine based on your description). Good luck.
Q: Can an employer be sued if they didnt follow the collective barging agreement. and you are terminated
Jared Hawkins' answer
Sometimes. The CBA will often describe what the remedies are the process that should be followed if the CBA is violated. For example, a lot of CBA's require arbitration. I suggest you get a copy of the CBA and see if the Union will represent you or go see a private employment law attorney. Good luck.
Sometimes. The CBA will often describe what the remedies are the process that should be followed if the CBA is violated. For example, a lot of CBA's require arbitration. I suggest you get a copy of the CBA and see if the Union will represent you or go see a private employment law attorney. Good luck.
Q: WHAT IS THE COMMISSION WHOSE MAJORITY MEMBERS MUST BE LAWYERS?
Jared Hawkins' answer
You'll have to clarify your question as there are likely a number of commissions that fit this criteria. Recently a new commission was formed that meets this criteria, the Non-Lawyer Practice Commission, which will have responsibilities related to non-lawyers who desire to carry out certain law related tasks.
You'll have to clarify your question as there are likely a number of commissions that fit this criteria. Recently a new commission was formed that meets this criteria, the Non-Lawyer Practice Commission, which will have responsibilities related to non-lawyers who desire to carry out certain law related tasks.
Q: I am in a lawsuit over unpaid overtime, we have the conditional certification and the opt in time is over what next?
Jared Hawkins' answer
Are you representing yourself? Perhaps you've already found the answer you were looking for but keep in mind that Washington law does allow you to recoup the costs of reasonable attorneys fees if you prevail in your suit (and prove that your employer wrongfully failed to pay you overtime). A local attorney may be able to assist you in you matter. Good luck!
Are you representing yourself? Perhaps you've already found the answer you were looking for but keep in mind that Washington law does allow you to recoup the costs of reasonable attorneys fees if you prevail in your suit (and prove that your employer wrongfully failed to pay you overtime). A local attorney may be able to assist you in you matter. Good luck!
Q: My ex boss lied about my leaving the company, It can have a negative effect on my new job is that slander?
Mr. Lowell J. Kuvin's answer
One question with which courts have struggled is how to determine which standard should govern whether a statement is defamatory. Many statements may be viewed as defamatory by some individuals, but the same statement may not be viewed as defamatory by others. Generally, courts require a plaintiff to prove that he or she has been defamed in the eyes of the community or within a defined group within the community. Juries usually decide this question. Given that your boss said something that...
One question with which courts have struggled is how to determine which standard should govern whether a statement is defamatory. Many statements may be viewed as defamatory by some individuals, but the same statement may not be viewed as defamatory by others. Generally, courts require a plaintiff to prove that he or she has been defamed in the eyes of the community or within a defined group within the community. Juries usually decide this question. Given that your boss said something that...
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