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Washington Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Washington on
Q: Washington being an at will fire state, if fired can you sue an employer that hasnt fired someone for something greater?

Specifically, an employee has been caught passed out drunk during food service at a retirement home. For whatever reason he was taken off the schedule for two or three days, then returned to work. Im just curious if by not firing this person over a very major offense is there grounds for someone in... View More

Brad S Kane
Brad S Kane
answered on Dec 22, 2022

Unfortunately, each case is fact specific and it is impossible to give meaningful advice without knowing more factual context. In general, if you were let go for being 3 minutes late, while someone else was allowed to stay though they were passed out drunk at work, it would certainly raise... 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
James L. Arrasmith
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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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1 Answer | Asked in Employment Law for Washington on
Q: What are employer responsibilities when a terminated employee returns and continues working?

Employee was laid off and a week later returned to work to wrap up loose ends. Direct manager was aware and permitted this. HR already terminated employee.

Brad S Kane
Brad S Kane
answered on Mar 25, 2024

If a former employee returns to work, the employer must pay for all hours worked.

1 Answer | Asked in Employment Law for Washington on
Q: My deductions were taken but not deposited into FSAs by employer. They didn't reply to email inquiry. What should I do?
Brad S Kane
Brad S Kane
answered on Jan 14, 2024

I would file a online complaint with the Washington State Department of Labor and Industries.

1 Answer | Asked in Employment Law and Foreclosure for Washington on
Q: a case of wrongful termination and or retaliation at work. i am now in foreclosure . as a result , what can i do
Brad S Kane
Brad S Kane
answered on Jan 6, 2024

Given the lack of detail in your post, the only potential advice that anyone can give you is:

You should consult an employment lawyer about your wrongful termination and retaliation claims.

You should consult a foreclosure about how to handle the foreclosure.

1 Answer | Asked in Civil Litigation and Employment Law for Washington on
Q: I work as an independent driver. Do I need to pay an insurance deductible when get on an accident?

I work as an independent driver, delivering trucks from point A to point B for other companies. While recently doing the trips I accidentally put a wrong fuel in a new truck causing to be towed to the dealer repair facility to remove, by giving to the company I serve a $3778.00 insurance... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2023

A Washington attorney could advise best, but your question remains open for two weeks. An employment law attorney could have insight into this, as they are familiar with practices governing employees' obligations for paying for damaged property. You could repost and add the category, and if... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can employers disqualify candidates for requesting experience outside a posted job description?

I applied for a position that states 8 years of experience is required (I have a degree), I received an email stating that I need double the years of posted experience per hiring manager, and will not be looked at interviewing for this reason. Can employers do this ?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, employers in Washington can disqualify candidates for requesting experience outside a posted job description. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Employment Law for Washington on
Q: My employer in WA state has never payed any sick leave to her employees. What do I do?

It is a small restaurant/bar and music venue. This is my second time working here, this time has been just over a year no sick leave. Last time was just before and during the covid outbreak, no sick leave to any employees. What do I do I feel like we should be compensated, I believe she is taking... View More

Brad S Kane
Brad S Kane
answered on Aug 24, 2023

Your employer should be providing paid sick leave after 90 days of employment.

See the fact sheet from the Department of Labor and Industries...
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1 Answer | Asked in Employment Law for Washington on
Q: Is it legal to write up a worker for opting to not take one of their legally mandated breaks?

My work got in some legal trouble recently about people not getting their legally mandated breaks. Their response to this was for anybody that did not take their break they'd get written up. Even more recently they've put out schedules with strange out times that put them right under the... View More

Brad S Kane
Brad S Kane
answered on Aug 15, 2023

An employer can discipline employees for not taking their legally mandated breaks, even if the timing is not your preferred timing.

1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: found out my manager has been getting his pay docked whenever the owner decides too many people called out. That Legal?

I work at a glassblowing studio where everyone works 40 hours a week of constant physical labor, it regularly gets above 100 degrees and many safety precautions are often not put as top priority. Needless to say call outs happen occasionally.

I recently found out that my wonderful manager... View More

Brad S Kane
Brad S Kane
answered on Jul 22, 2023

An employer may not discipline an employee by "docking" their earned pay. The manager should speak with an employment attorney about their rights.

2 Answers | Asked in Employment Law, Personal Injury and Civil Litigation for Washington on
Q: if your employer searches your cell phone illegally, what kind of lawyer should i retain?
Brad S Kane
Brad S Kane
answered on Jul 16, 2023

Without knowing more about how the search took place, whether it was the employer's phone or your phone and what harm you suffered, you should start with an employment lawyer.

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1 Answer | Asked in Health Care Law and Employment Law for Washington on
Q: Can my partner's work penalize him for going to my prenatal appointments?

My partner has been writing down the days of my appointments in which he will either need to leave work early or arrive just a little bit late. His employers told him that it needs to be written down when they are, however they are trying to punish him for attending the appointments.

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2023

A Washington attorney could advise best, but your question remains open for four weeks. The question may have gone unnoticed under the Health Care Law heading - it's something that an employment law attorney would have insight into. Some questions go unanswered, but you could try reposting... View More

1 Answer | Asked in Employment Law for Washington on
Q: My pay is below WA's new minimum wage, but I get a small "work from home allowance." Does that qualify toward min. wage?

My salary is $1240.40 per 80 hour pay period, slightly below WA's 2023 $15.74 minimum wage ($1259.20 per 80 hrs). I also receive $46.15 per pay period in a "work from home allowance." I live and work in WA, my employer is based in CO.

Brad S Kane
Brad S Kane
answered on Apr 25, 2023

If you live in Seattle, which requires telework business expense reimbursements, then you may be paid less than minimum wage. Otherwise, probably not. I would contact the Department of Labor and Industries to confirm.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I was fired via email after reminding my employer that they had verbally agreed to provide disability accommodations.

I was also denied breaks and lunches because they said most of their workers don’t need them because that want to finish their job on time. I was promised extra time to finish task because I asked them for it due to my muscle nerve disease that causes severe muscle fatigue. Then I was fired for... View More

Brad S Kane
Brad S Kane
answered on Mar 28, 2023

While it sounds like disability discrimination, the case will likely be difficult to prove unless you have documentation showing your employer verbally agreed to allow you more time as a reasonable accommodation for your disability.

You can file a disability discrimination complaint with...
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1 Answer | Asked in Contracts, Employment Law and Admiralty / Maritime for Washington on
Q: Can it be construed as threatening to tell someone if they do not pay you what they owe you you will take them to court?

Basically my old boss owes me decent amount of money. He has no intention of paying it. I don’t want to have to go through the legal process.

If I were to sit down with him and basically tell him

“So you owe xxxx. You know you do. I know you do. I don’t want to have to make... View More

Brad S Kane
Brad S Kane
answered on Mar 22, 2023

Threatening to take someone to court if they do not pay a legitimate debt is legal.

Threatening someone with violence if they do not pay a debt is NOT legal.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: I want to file a protection order against a coworker because of continued harassment. How do I do that in WA state?

The non-sexual harassment started on January 4th of 2023. I have filed two Ethics complaints against this employee. My company has not deterred the employee from continuing his behavior besides "The manager has talked with the employee." Can I file an "Order of Protection" or... View More

Brad S Kane
Brad S Kane
answered on Mar 7, 2023

You can file for a civil anti-harassment restraining order.

For instructions go to:

https://www.womenslaw.org/laws/wa/restraining-orders/civil-anti-harassment-orders/basic-information

1 Answer | Asked in Employment Law for Washington on
Q: My son is 17y.o. and has already completed his GED. Is he still governed by child labor laws "maximum hours"?

If he is legal to work 40+ hours/wk, could you provide the statute his employer can site?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 7, 2023

Federal law does not place any restrictions on the number of hours 17-year-old employees may work. However, you should consult a Washington state attorney regarding if there are any state laws that limit the number of hours that minors may work.

1 Answer | Asked in Employment Law for Washington on
Q: I live in Washington state, I work remotely for a Canadian Company. Do they have to pay me Washington State minimum wage

Or do they only have to pay federal minimum wage

Brad S Kane
Brad S Kane
answered on Jan 20, 2023

They have to pay you the higher Washington minimum wage.

1 Answer | Asked in Employment Law for Washington on
Q: Am I considered an "On-Call" or "Part-Time" employee if I am scheduled 2 days a week but am "On-Call" 5 days a week?

Holiday pay Dispute

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 6, 2022

More information is needed to answer this question. These terms are sometimes defined in your employee handbook or employment contract (if you have one), and the employer's definition of these terms generally govern whether and how you receive benefits.

1 Answer | Asked in Employment Law for Washington on
Q: Can you refuse an unpaid 30 minute break?

I work in a bistro restaurant

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 5, 2022

Employers are permitted to require their employees to take 30+ minute unpaid breaks. However, if you are required to perform any work during this 30 minute break period, such that it isn't an "uninterrupted" break, you generally need to be paid for the break time.

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