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Donald W. Heyrich's Answers
- 192 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Labor law for Arizona
Under federal law, your employer does not have to provide lunch or coffee breaks. Also, your employer does not have to pay you for lunch breaks that you are given. Some states have mandatory breaks, but it does not appear that Arizona is once of them. See the chart below from the Department of Labor, which sets forth the break and meal period requirements, to the extent they exist, in each state.
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3
Attorney answers:
Competitive Employment
Your prior employer may be able to restrict your competitive activities if you entered a legally enforceable noncompetition agreement. You should consult an attorney if you have such an agreement and have questions about its scope and whether it is enforceable. Even in the absence of such an agreement, you may also have a duty to avoid misappropriating your prior employer’s trade secrets and confidential customer information.
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3
Attorney answers:
Subpoenaed as a witness in federal court
You should receive your witness fee along with the subpoena or the subpoena is not valid. The witness fee is based on mileage from the place of deposition. It won't be enough to write home about. If the deposition is in downtown Seattle, it may be enough to cover parking but not much more than that. What to keep in mind? Tell the truth. Just answer the questions that are asked. If I were a lawyer in the case, I would want to talk to you before the deposition to discuss the case, the...
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2
Attorney answers:
Paypal summons: Should I seek legal counsel?
The referenced case is an actual filed case from the US District Court for the Northern District of California. See the docket reference below. Also, the second link indicates that others have gotten this. In this particular case, the "John Does" are defined in the case as: "United States Tax Payers who, during the years ended 12/31/1999 through 12/31/2004, had signature authority over bank accounts at orver MasterCard, VISA, or American Express cards issued by, through, or on behalf of...
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1
Attorney answers:
Compensation for an Embezzler
The Washington Department of Labor & Industries has a regulation addressing deductions from the final paycheck (linked below). Take a look at Section (3). A deduction from final pay is permitted “[f]or any cash shortage, walkout (failure of customer to pay), breakage, or loss of equipment, if it can be shown that the shortage, walkout, breakage or loss was caused by a dishonest or willful act of the employee.” A deduction is also permitted for employee theft “if it can be shown that the...
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3
Attorney answers:
Small claims court-judgement
See the publication below, which explains how to collect a judgment and includes the various forms to use. -Don
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2
Attorney answers:
Employee law
For information about breaks and meal periods under Washington law, see the link below. According to the Washington Department of Labor & Industries: Employees may choose to waive the meal period requirements. The regulation states employees "shall be allowed," and "no employee shall be required to work more than five hours without a meal period." The department interprets this to mean than an employer may not require more than five consecutive hours of work and must allow a 30-minute meal...
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2
Attorney answers:
Is teasing harassment
To determine whether harassment is such that it affects the conditions of employment (one of the essential elements to state an actionable harassment claim), courts consider the frequency and severity of the discriminatory conduct; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance. Washington courts have held that casual, isolated or trivial manifestations of a discriminatory...
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3
Attorney answers:
Job reference issues
There are no administrative agencies that will accept your complaint so you need to resort to civil legal proceedings for relief. Lawsuits for defamation and interference with prospective employment are difficult and rarely worth pursuing on their own. However, you might consider informing your prior employer of the information that has come to your attention and that you may seek a legal remedy if the conduct continues. You also have the right to inspect your personnel file and to include...
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3
Attorney answers:
Non-compete agreement
Your prior employer may be able to restrict your competitive activities if you entered a legally enforceable noncompetition agreement. You should consult an attorney if you have such an agreement and have questions about its scope and whether it is enforceable. Whether a covenant not to compete is reasonable involves a consideration of three factors: (1) whether restraint is necessary for the protection of the business or goodwill of the employer, (2) whether it imposes upon the employee any...
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