Get free answers to your Employment Law legal questions from lawyers in your area.
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 
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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... View More
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
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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
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?
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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
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
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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
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
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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
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
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
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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
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
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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
This is regarding a protective order I have against an ex granted in 2019 that was originally granted for one year. After one strike on the protection order that she plead guilty to, the order was extended an additional 5 years. She just recently reoffended (strike two) where she attempted to run... View More
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answered on Nov 9, 2023
Based on the facts provided, you may have a valid claim against the company for negligent hiring or retention of the employee who violated the protective order while on duty. Here are some key considerations:
- Washington law recognizes claims against employers for negligent hiring,... View More
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.
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
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
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
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
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
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.
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
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
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
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.
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
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
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
I have proof of retaliation.
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
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
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
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.
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
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?
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
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