Bart Roberts Parsley's Answers

Bart Roberts Parsley
Seattle Immigration Attorney.
Contributor Level 8

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Attorney answers:

  1. Bart Roberts Parsley
  2. Robert Daniel Kelly

Do i need a attorney?

Asked by a user in Marysville, WA - about 1 year ago.

Two thoughts about the wrongful discharge in violation of pubic policy possibility: 1. The tort of wrongful discharge in violation of public policy is a developing tort. What behavior the tort may or may not protect should widely vary from judge to judge. 2. Also, you may not have this legal theory available. Your case may be different than your wife's case. Specifically, if your wife made the OSHA complaint and then suffered retaliation, she may have a retaliation argument because she...

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Attorney answers:

  1. Bart Roberts Parsley
  2. Robert Daniel Kelly

What time do paychecks have to be posted.

Asked by a user in Kelso, WA - about 1 year ago.

Be patient. If you sue an employer for a delayed paycheck, it very likely won't be worth it. You very likely will lack the law or information you need. You will lose time and money to start a lawsuit, and you may ruffle feathers at your workplace. So you know why a lawsuit is not worth it, know that if the employer violates a payment interval, you have a legal claim only if your employer made a willful violation. Champaign v. Thurston County, 163 Wn.2d 69, 178 P.3d 936 (2008)....

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  1. Bart Roberts Parsley

Is it legal to be fired because you were in the hospital?

Asked by a user in Mount Vernon, WA - over 2 years ago.

You might possibly have a case. If you are an employee, you will have a clear opportunity to file for the tort of wrongful discharge in violation of public policy. If you are an independent contractor, then it is far more tricky. The plaintiff, an employee, bears the burden to establish the first three elements to satisfy his case, and then the defendant (employer) will have to prove its burden on the forth element: 1. The plaintiff must prove the existence of a clear public policy; 2....

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Attorney answers:

  1. Andre R. Olivie
  2. Rebecca T White
  3. Sylvia A Miller
  4. Bart Roberts Parsley
  5. Gen Kimura
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My wife is living in U.S from last three years and is a green card holder,will she apply for me now as im living in india

Asked by a user in Seattle, WA - 20 days ago.

As some other attorneys have already said, if your wife petitions for you now the wait will be probably more than two years until your visa becomes available. If she naturalizes to become a U.S. citizen, which means that she files the N-400 and passes the English and civics exam, then your visa will immediately be available. Your wife should see an immigration lawyer to learn more about her options.

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Attorney answers:

  1. Bart Roberts Parsley

As a sub, I have been Discriminated in the work as a minority and consequently I am fired.

Asked by a user in Vancouver, WA - about 1 year ago.

First, understand that discrimination is a legal term. Often when people feel "discriminated" they feel like they were treated worse than other people. But, under the law, being treated worse than other people may still be legal. It may not be discrimination. For you to qualify for a discrimination case, Washington law RCW 49.60, protects discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of...

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Attorney answers:

  1. Bart Roberts Parsley
  2. Alan James Brinkmeier

Can i get fired for something i never go was approached for?

Asked by a user in Everett, WA - over 1 year ago.

If you are an at-will employee, like most employees in Washington, then you may be fired for a bad reason. But you cannot be fired for an illegal reason. So, depending on what happened, you may or may not have a legal remedy. First, you may be entitled to unemployment compensation benefits. To determine if you are eligible, visit http://www.esd.wa.gov/uibenefits/apply/eligibility/am-i-eligible.php. If you still feel confused, contact a lawyer. Second, were you paid properly? If not, I...

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Attorney answers:

  1. Bart Roberts Parsley

Termination at verizon

Asked by a user in Everett, WA - over 2 years ago.

Were you an employee or an independent contractor? If you were an employee, usually a unionized employee may be fired only for "just cause." It should depend on the language in your collective bargaining agreement. Unions have grievance procedures, or was to handle disputes before resorting to courts. Have you contacted the union about this termination? The union should at the minimum listen to your problem. They may launch an investigation. They should be clear to you what you can or...

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Attorney answers:

  1. Bart Roberts Parsley

Can an employer fire you over hear say?

Asked by a user in Yakima, WA - over 2 years ago.

Yes, a Washington State employer can fire you even if it was based on hearsay or if the reason was false! Are you a member of a union or not? If you are a member of a union, then you have more protections from termination. Otherwise, you are likely "at-will" which enables your employer to fire you for almost any reason. Are you an employee or an independent contractor? If you are an employee, you may be entitled to unemployment benefits, depending whether you worked enough hours of...

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Attorney answers:

  1. Bart Roberts Parsley

How much time do the consular processing of US Islamabad embassy usually take?

Asked by a user in Kechi, KS - over 2 years ago.

Typical Wait Time (Calendar Days*) for a Nonimmigrant Visa Interview Appointment in ISLAMABAD: Student/Exchange Visitors Visas: 3 Days -- this is where an F visa (student) should be located. Typical Wait Time (Workdays**) for a Nonimmigrant Visa To Be Processed: 3 Days http://travel.state.gov/visa/temp/wait/tempvisitors_wait_result.php?post=Islamabad&x=116&y=12

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Attorney answers:

  1. Andre R. Olivie
  2. Bart Roberts Parsley

Can a u.s. citizen husband of a green card holder wife petition her mother in law who is on a tourist visa in the united states

Asked by a user in Reno, NV - about 1 year ago.

Mr. Olivie summarized the response well. To be clear, you wish to help the mother-in-law live in the United States permanently, correct? If so, the family-based preference system only allows sons or daughters - at least 21 years old - to apply for a parent. US citizens, not permanent residents, may apply for their parents. If your mother-in-law qualifies for diversity lottery, or if there are some other unusual employment or humanitarian situations, then maybe she can immigrate. You need...