Washington Employment Law Questions & Answers

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

1 Answer | Asked in Employment Law and Tax Law for Washington on
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
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 us, follow the law and use the W-2 or 1099, because your employer must file a copy of that form with the IRS. They do not have to file paycheck stubs.

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

1 Answer | Asked in Business Law and Employment Law for Washington on
Answered on Sep 12, 2018
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.

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

1 Answer | Asked in Employment Law for Washington on
Answered on Sep 1, 2018
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,...

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
Peter N. 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.

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?

1 Answer | Asked in Employment Law and Immigration Law for Washington on
Answered on Oct 19, 2017
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.

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
Peter N. 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.

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

1 Answer | Asked in Criminal Law and Employment Law for Washington on
Answered on Apr 3, 2017
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...

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
Peter N. 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.

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
Peter N. 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.

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
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...

Q: Questions about working visa for OPT student

1 Answer | Asked in Employment Law and Immigration Law for Washington on
Answered on Sep 22, 2015
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...

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

1 Answer | Asked in Employment Law for Washington on
Answered on May 6, 2014
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.

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

1 Answer | Asked in Employment Law for Washington on
Answered on May 5, 2014
Charles Snyderman's answer
Payment is due on the next regular pay day.

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

1 Answer | Asked in Employment Law for Washington on
Answered on Dec 27, 2013
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.,...

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?

1 Answer | Asked in Employment Law for Washington on
Answered on Dec 27, 2013
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.

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

1 Answer | Asked in Employment Law for Washington on
Answered on Dec 27, 2013
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.

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

1 Answer | Asked in Employment Law for Washington on
Answered on Nov 5, 2012
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.

Q: I am in a lawsuit over unpaid overtime, we have the conditional certification and the opt in time is over what next?

1 Answer | Asked in Employment Law for Washington on
Answered on Oct 30, 2012
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!

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

1 Answer | Asked in Employment Law for Washington on
Answered on Jan 21, 2011
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...

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