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Washington Employment Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Employment Law for Washington on
Q: My unemployment claim is under investigation for fraud. If I am denied benefits, can I file an appeal and if so, should

I furloughed because of covid 19 and applied for unemployment benefits (in Washington D.C). My claim was not being processed, so I called their office and the representative I spoke with said that I was under investigation for fraud because I did not list myself as having a job in Maryland.... Read more »

Charles William Michaels
Charles William Michaels answered on May 5, 2020

I sounds like that you should be prepared to file an appeal. There are very good lawyers in Washington DC who handle appeals on unemployment benefits. Talk to any one of them, before the 21 days is up.

1 Answer | Asked in Employment Law for Washington on
Q: employer goes into time clock & deducts 30 minutes from everyday I work knowing I work through my lunch
Kyle Anderson
Kyle Anderson answered on Apr 8, 2020

Do you work 40 hours per week otherwise? I would reach out to an employment lawyer in your state for a consultation. The Fair Labor Standards Act requires you be paid for time worked, and if you are not able to take an uninterrupted lunch because you are working, you may have a claim.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: I feel discriminated against, my co-worker misses 50% of her scheduled shifts, she does not get reprimanded, I miss 1 dy

I miss 1 day and get written up and threatened to be fired. There is more to the story, but this one was brought to my attention 1 month after the fact. Can this be considered discrimination?

Rhiannon Herbert
Rhiannon Herbert answered on Mar 18, 2020

Whether you have a claim for discrimination under Title VII of the Civil Rights Act of 1964 will depend on WHY you feel you're being discriminated against. If you are being treated differently than other employees based on your race, color, national origin, sex, religion, age (if you're... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: I havent been accumulating pto and instead they've just been adding the 1 hour of pto pay to my check.
Greg Mansell
Greg Mansell answered on Mar 4, 2020

Have you informed Human Resources or the payroll department? It sounds to me like this is a mistake, especially if there is a set PTO policy. I would contact your HR/payroll immediately so the amount they are paying you on your paycheck for the PTO does not get to a level you cannot pay back.

1 Answer | Asked in Employment Law for Washington on
Q: Can a employer require you to on site for a specified time but only pay when are doing a specified task?

As a ski instructor I am required to be on site for the day but am only paid for the time I have a class.. Possible to be there all day and not get a class and receive no wage.... No pay at all for time between classes... Is this legal?

Rhiannon Herbert
Rhiannon Herbert answered on Jan 22, 2020

Under the Fair Labor Standards Act, employees must be paid for all time spent performing compensable work. This includes "on-call" time, where employees are not actively performing work for the employer but where their freedom to perform other activities is restrained. If you are required... Read more »

1 Answer | Asked in Contracts and Employment Law for Washington on
Q: Can a company pursue whoever they want to reimburse them for relocation allowance?

I’m leaving my current company who relocated me to Seattle. Like many of my coworkers we signed a contract for relocation money. Some people have quit or been terminated and haven’t been pursued for the money but they are coming after me. Can the company pick and choose who they go after?

Kyle Anderson
Kyle Anderson answered on Dec 13, 2019

Generally speaking, yes they can. You may want to consider reaching out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: Is this illegal and do you think I would stand a chance if I took it to court???

So my situation is this. I applied for this front desk job at this local hotel a couple weeks ago and in the interview I disclosed my severe anxiety disorder to them. (I have also been diagnosed by a doctor) and they still hired me. I worked for a little over a week and the job was making me have... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 13, 2019

Your severe anxiety disorder likely qualifies as a disability under the Americans with Disabilities Act (ADA). It sounds like, because your anxiety was causing panic attacks at the front desk, you requested a reasonable accommodation of being placed in a housekeeping position. Your termination... Read more »

1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Business Law for Washington on
Q: Can I sue for getting paid under the table?
Tim Akpinar
Tim Akpinar answered on Oct 5, 2019

It would depend on what the basis of the lawsuit was, but an attorney in each of the categories you list could probably advise you on the downside of working off the books. Maybe one of the most pressing issues is workers' comp coverage for an on-the-job injury. Good luck

Tim Akpinar

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
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... Read more »

Brent Bowden
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
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
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
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
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
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... 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
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
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
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
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
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.

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