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Washington Employment Law Questions & Answers

1 Answer | Asked in Employment Law and Tax Law for Washington on

Q: Is it normal for your total amount on withholdings on your w2 not match your total amount on your last pay check

Should your w2 info match info on your last pay stub

Bruce Alexander Minnick answered on Apr 8, 2019

Many companies use two separate programs when creating paychecks and W-2 forms; and this is especially true in companies that use third party payroll companies and third party CPAs to prepare 1099s and W-2s. In most cases the difference is too tiny to be concerned about. When choosing which one to... Read more »

1 Answer | Asked in Business Law and Employment Law for Washington on

Q: Is it illegal for a boss to have his family/friends on company payroll even if they don't work for the company?

Mr. Y, is a religious man and head of a seafood company branch owned by the church he attends. 5 years ago, he hired his friend, Reverend K, who "quit" the company after 6 months. Recently, upper management received an e-mail they were not suppose to get. It was HR asking Mr. Y who half the people... Read more »

Brent Bowden answered on Sep 12, 2018

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.

1 Answer | Asked in Employment Law for Washington on

Q: Can a consulting firm employ a consultant as Exempt and hourly, paying them an hourly rate based on billed hours?

Mark David Nusz answered on Sep 1, 2018

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... Read more »

1 Answer | Asked in Civil Litigation, Car Accidents and Employment Law for Washington on

Q: I am searching for US case law to establish myself as an owner operator ( independent trucker ) for a lawsuit

I was in an accident. The other driver was at fault. The company I was leased to filed a claim against my loss thereby screwing up my case. The insurance company is awaiting proof of ownership even though I sent them my contract along with my claim

Peter N. Munsing answered on Nov 30, 2017

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.

1 Answer | Asked in Employment Law and Immigration Law for Washington on

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?

I have a degree in criminal justice and would like to work in law enforcement in Canada. However, I read that by taking an oath I could lose my citizenship. Is this true? Are there ways around it?

Hector E. Quiroga answered on Oct 19, 2017

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.

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Construction Law for Washington on

Q: Do I have a case- short version- I tore my meniscus while on the job. Before I thought about possibly claiming L&I,

I gave my Dr my work insurance info and just told them I tore it getting it of car. I had worked for them for 5 months before this incident. When I finally talked to them they non-chalantly encouraged me not to claim L&I, saying they would pay me 80 hrs every 2 weeks and when the medical bills... Read more »

Peter N. Munsing answered on Jul 6, 2017

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.

1 Answer | Asked in Criminal Law and Employment Law for Washington on

Q: Can I legally be in law enforcement with a class c felony ( unlawful poss firearm) even though I got my gun rights back?

Conviction was 8 yrs ago. Non violent, victimless. No probation. Got my gun right back and have my concealed. Am I legally barred from law enforcement or is it just an administrative problem at that point? If I get the conviction sealed, expunged and adjudicated would that work?

Stan Glisson answered on Apr 3, 2017

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... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Washington on

Q: if an employer does not inform you or give any incentive of liability and if you get injured how much liability covered?

Peter N. Munsing answered on Nov 29, 2016

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.

1 Answer | Asked in Civil Rights, Libel & Slander, Personal Injury and Employment Law for Washington on

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.

The GM of the hotel lied to police I was arrested fired evicted from my on site apt she did this so she could employ her husband I lost everything became homeless my life is a mess

Peter N. Munsing answered on Jun 29, 2016

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.

1 Answer | Asked in Criminal Law, Employment Law, Immigration Law and Tax Law for Washington on

Q: can i do affiliate marketing on Opt status and H1 my course subjects are related to computer science

i was doing masters that will be completed by May 2016 i am good affiliate marketer in my country so i want to do affiliate marketing for some famous sites ,some even gave me permission to do seeing my background on marketing but i am not doing anything now ,am i eligible to do that , some of... Read more »

Shan Dimitris Potts answered on Feb 5, 2016

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

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1 Answer | Asked in Employment Law and Immigration Law for Washington on

Q: Questions about working visa for OPT student

I am OPT student from Hong Kong and now working at preschool in Seattle. I graduated in Dec 2014 with a BA - Humanities degree. My OPT card will expired on Jan 2016.

I asked my boss from preschool about apply for working visa, and she is really support me. But the problem is I have to go... Read more »

Shan Dimitris Potts answered on Sep 22, 2015

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... Read more »

1 Answer | Asked in Employment Law for Washington on

Q: My husband is being asked to resign from his teaching position after being falsely accused of falsifying data.

He has not yet had the opportunity to express to his superiors that the handwriting on the documents is not his, nor has been giving the opportunity to defend himself. The principal that is accusing him of this has been noted for sexual discrimination against him and providing him with unjust work... Read more »

Charles Snyderman answered on May 6, 2014

Your husband should consult with an employment lawyer who can review the facts with you and advise you as to your rights.

1 Answer | Asked in Employment Law for Washington on

Q: how soon does my employer have to pay me after being fired?

Charles Snyderman answered on May 5, 2014

Payment is due on the next regular pay day.

1 Answer | Asked in Employment Law for Washington on

Q: A friend was recently laid off, She was told her job was eliminated. It has instead been given to another employee.

My friend had great reviews and had won awards for her work. It is now being staffed by the bosses old admin. Seems the admin job was the one that was eliminated.

Jared Hawkins answered on Dec 27, 2013

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... Read more »

1 Answer | Asked in Employment Law for Washington on

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 answered on Dec 27, 2013

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... Read more »

1 Answer | Asked in Employment Law for Washington on

Q: Can an employer be sued if they didnt follow the collective barging agreement. and you are terminated

Jared Hawkins answered on Dec 27, 2013

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... Read more »

1 Answer | Asked in Employment Law for Washington on

Q: WHAT IS THE COMMISSION WHOSE MAJORITY MEMBERS MUST BE LAWYERS?

Jared Hawkins answered on Nov 5, 2012

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... Read more »

1 Answer | Asked in Employment Law for Washington on

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 answered on Oct 30, 2012

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... Read more »

1 Answer | Asked in Employment Law for Washington on

Q: My ex boss lied about my leaving the company, It can have a negative effect on my new job is that slander?

I am a dental service technician. I gave a notice that I was moving to the competition. I gave a two weeks notice, boss did not accept. Asked me to leave now. He in a sales meeting told the salesman I got into a altercation with an account, and that is why I am no longer there. Is that slander?... Read more »

Mr. Lowell J. Kuvin answered on Jan 21, 2011

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... Read more »

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