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Washington Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Civil Rights for Washington on
Q: Is it legal to be watched during a pre-employment drug screening?

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?

James L. Arrasmith
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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

1 Answer | Asked in Banking and Employment Law for Washington on
Q: I worked 10years in retail in CA I had payroll to take 3%out of my check for the first 3 years from 2005-2008and afterth

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law, Tax Law and Business Law for Washington on
Q: Can my company pay me my 401k balance via extra hours worked on my checks?

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require that I stay on premise for the 8hr work day including lunch? -Washington state, exempt salaried
Brad S Kane
Brad S Kane
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

1 Answer | Asked in Employment Law, Workers' Compensation and Environmental for Washington on
Q: Do I have a case against County Courthouse for toxic mold in my workplace?

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

T. Augustus Claus
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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

1 Answer | Asked in Employment Law and Civil Litigation for Washington on
Q: My catalytic converter was stolen from my car at my workplace parking, will not let me park in safer area, can I sue?

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law for Washington on
Q: Express Employment won't provide an explanation for not hiring me. What can I do?

I've been trying to get employment through Express Employment for about a year. Recently, the assistant informed me that they won't hire me, and they refused to provide any further explanation or allow me to speak with the manager or a recruiter about this issue. What can I do in this situation?

Mat Cleary
Mat Cleary
answered on Mar 19, 2025

No company is obligated to hire any individual so unless you can demonstrate there has been clear discrimination due to gender, sexual orientation, race, etc., there is nothing you can do.

1 Answer | Asked in Civil Rights, Employment Law and Immigration Law for Washington on
Q: Can I report degrading treatment of suspected shoplifters by AP staff?

I work as a cashier for a large company and was called to the Asset Protection (AP) office to translate during an incident with suspected shoplifters who did not speak Spanish. I witnessed the AP staff intimidating and taunting these individuals, making disrespectful remarks about their immigration... View More

James L. Arrasmith
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answered on Mar 15, 2025

Yes, you absolutely have the right to report this kind of behavior. Even if someone is suspected of wrongdoing, they must still be treated with respect and dignity. The degrading comments and intimidation tactics you witnessed are inappropriate and may violate workplace policies or... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can I be fired if a coworker dislikes my partner?

I am concerned about potential job security risks resulting from a personal situation. My coworker, who is close with the higher-ups at our company, seems to hold some animosity toward my partner after we crossed paths on a date night, as they live in the same building. Since then, I've... View More

Brad S Kane
Brad S Kane
answered on Mar 3, 2025

The answer is possibly. It depends on the reason why your co-worker dislikes your partner. If the co-worker's dislike is based on your partner's membership in a protected class, you may have a claim under a "Cat's Paw" theory.

1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: What can prevent a company from paying a county's set minimum wages?

Minimum wages for my county just went up. However company refuses to pay those wages. Does state minimum wages supercede a unincorporated county's wages? Or am I capable of fighting this and able to sue my company.

Brad S Kane
Brad S Kane
answered on Jan 26, 2025

You can file a complaint for failure to pay minimum wage with the Washington state Department of Labor and Industries at:

https://lni.wa.gov/workers-rights/wages/minimum-wage/

1 Answer | Asked in Employment Law for Washington on
Q: Does my employer need to pay minimum wage increase for hours worked in the previous year? (WA State)

I work in Washington state, and our minimum wage increased an January 1st, 2025. I just got my first paycheck of the year, with the same minimum wage as 2024.

My employer says that I am payed this due to the hours I'm being paid for being in 2024, but I wasn't sure if I had to be... View More

Brad S Kane
Brad S Kane
answered on Jan 12, 2025

The date the work was performed controls what minimum wage rate applies, not the date of payment. Thus, you should get the 2024 minimum wage for hours worked in 2024 and the 2025 minimum wage for hours worked in 2025.

1 Answer | Asked in Employment Law, Personal Injury and Health Care Law for Washington on
Q: I have employed on an as needed basis a local woman who through casual conversation says she has no health coverage.

If she gets hurt on our property, what liability do we have. We are 80 year olds and she does mainly cleaning, but has shoveled snow for us and other jobs as they come up such as change light bulbs, taking items to Goodwill, recycling, but mostly help around the house.

Merry A Kogut
Merry A Kogut
answered on Dec 31, 2024

The liability for you if the woman helping you gets hurt would be the same as a guest in your house. That is to say, if a guest in your house, or a person working for you, is injured in your house, you could be liable for some or all of their medical costs (I say "some" because the... View More

1 Answer | Asked in Employment Law for Washington on
Q: How would I sue for my PTO pay

Back on May 30th of 2024 I was terminated . For reporting harassment the day prior. However at this point I mainly want to focus on the around $1800 in PTO PAY that I never received. According to the employee handbook any and all PTO is supposed to be paid out upon termination. Every employment... View More

Brad S Kane
Brad S Kane
answered on Nov 21, 2024

You can file a wage complaint with the Washington State Department of Labor Industry at:

https://secure.lni.wa.gov/wagecomplaint/#/

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: Do I have a case if I got fired for breaking a company policy , but my coworkers who broke the same policy didn’t?

I work in a male dominated industry and feel like I’m being discriminated and targeted. My boss also broke the company policy too.

Brad S Kane
Brad S Kane
answered on Nov 16, 2024

If you are female and you were fired for breaking a company policy, while male employees are not disciplined for breaking the same policy, then you may have a claim for gender based discrimination.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Washington on
Q: Whats the best defense for a disciplinary hearing & what are my legal rights as a disabled unionized healthcare worker?

i have a scheduled disciplinary hearing scheduled at work. I am a HCA (Home Care Aide) or healthcare professional. I have fraudulent/contradictory allegations made towards me including rear-ending someone in an auto collision, buying a client alcohol & having a relative drive us home due to my... View More

James L. Arrasmith
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answered on Oct 19, 2024

First, carefully review all the allegations against you and gather any evidence that supports your side, such as emails, messages, or witness statements. Document the events in detail, including dates, times, and any relevant interactions. Collect any evidence that can refute the fraudulent claims,... View More

Q: When minor's get paychecks and have to pay the taxes isn't this taxation without representation?

I'm 16, and whenever I receive a paycheck, I lose about $25 to $30 due to taxes. This made me think about the Constitution and how this feels like textbook taxation without representation. I’ve done some research, and taxation without representation describes someone who is required to pay... View More

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answered on Sep 25, 2024

You’re right that taxation without representation historically refers to being taxed by a government without having a say in its decisions. In your case, you’re paying taxes, but because you’re under 18, you can’t vote yet, which might seem like you’re not being represented.... View More

1 Answer | Asked in Employment Law and Constitutional Law for Washington on
Q: I was terminated due to not giving a urine anlysis. My argument is that it was given by directo oberservation

I consented to a u/a however when I found out it was by direct oberservation I wouldnt give one due to invasion of privacy and trauma regarding the collection process. It is not in their policy rule that the do the u/a with direct oberservation. I filed for unemployment and got denied, I have... View More

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answered on Sep 14, 2024

It sounds like you are challenging your termination based on the lack of a policy about direct observation during a urine analysis (UA) and your concerns about privacy and trauma. When a workplace conducts drug testing, they generally must follow specific procedures outlined in their policy... View More

1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Washington on
Q: Can I start an LLC on an F1 OPT as a foreigner? If yes, am I allowed to work full-time for my LLC and draw a salary?

I graduated in May 2024 with an MBA degree and I am currently on my F1 OPT. I have been working on a business idea for some time, and would like to start an LLC to formalize my business and use it as my OPT for the first year. I have already spoken to my DSO and while they have not raised any red... View More

James L. Arrasmith
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answered on Aug 16, 2024

You can form an LLC while on F1 OPT, but there are some important limitations to be aware of. While starting the business is allowed, working full-time for your own company can be problematic. The U.S. immigration rules for OPT require that employment be directly related to your field of study, and... View More

1 Answer | Asked in Consumer Law, Employment Law, Education Law and Internet Law for Washington on
Q: What legal implications would need to be considered to create a LinkedIn style platform for minors under the age of 16?

I'm interested in creating an online platform similar to LinkedIn but specifically for individuals under the age of 16 who are looking for internship, mentorship, and volunteer opportunities. Given that LinkedIn currently restricts its users to those over 16, I want to understand the legal... View More

James L. Arrasmith
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answered on Aug 6, 2024

Creating a LinkedIn-style platform for minors under 16 involves navigating several important legal considerations. Firstly, you must comply with child labor laws, which vary by state and regulate the types of work minors can do, the hours they can work, and the conditions under which they can work.... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for Washington on
Q: I was assaulted for stealing 2 soda pops what can I do to get a attorney
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answered on Apr 3, 2024

I'm so sorry to hear that you were assaulted. That must have been a traumatic experience. Regardless of the circumstances, no one has the right to assault you.

In terms of getting legal assistance, here are some steps you can take:

1. Contact the police and file a report about...
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