Kathleen Dillon Hunt's Answers

Enforceability of non compete clause/agreement under WA state employment laws

A year could also NOT be reasonable. Terms like "reasonable" are not precise, and thus result in considerable litigation. There are a number of questions raised by your question: 1) did you sign the agreement AFTER you were laid off? 2) were you paid anything extra for the noncompete -- more than what you would otherwise have been paid?; what industry are you in? Etc. You should see a qualified employment lawyer IMMEDIATELY - go to www.welaweb.org for a list of lawyers who represent...

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Is Arizona an at will employment state, employer employee laws in AZ

This is a question often asked by employees of most states. At-will employees may be terminated for any LAWFUL reason, without just cause or notice. Employers often use the term "at-will" to intimidate employees, whereas in truth there are very few "at-will" employers. An employer's policies or past practices are used to defeat at will. The way it goes is this: Question (to HR person): Have you ever fired anyone without having a good reason to do so? Answer: Why, of course not!...

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Is there an age limit for unemployment benefits in WA State?

No, you are not too old to qualify. BUT, do not voluntarily quit or "retire" or you will not qualify. Many employers use this device to appeal to employees' egos (or lack of knowledge), and then the former employee finds herself without unemployment benefits because the agency finds that she left work voluntarily and without good cause. A better resolution would be to ask your employer to lay you off due to lack of work (and please ask that they put that in writing, so they are not tempted...

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Employees rights under WA employment laws over employer suspending without pay for four months

You should contact a qualified employment lawyer BEFORE you go too far with a union grievance process. In Washington, you may forfeit your right to go to court unless you comply with somewhat complex rules. To find an employment lawyer who can help you, go to www.welaweb.org -- good luck!

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Possible age discrimination by employer, employee's rights under WA state employment law

I'm not sure why you limited your question to "federal" labor laws, as the state law protects you as well. However, he may well have breached an implied contract to give you notice of a performance deficit, as well as committed age discrimination. Much depends on the size of the employer, as well as analysis of any published policies combined with the offer letter, who replaced you, etc. You should contact a qualified employment lawyer immediately -- go to www.welaweb.org for a list of such...

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In WA state can I claim unemployment benefits after quitting my job due to manager and coworks?

DO NOT FILE YOUR UNEMPLOYMENT CLAIM WITHOUT SPEAKING TO AN ATTORNEY - a few hundred dollars spent for advice will save you the possible loss of perhaps thousands of dollars in benefits. The reason for quitting your job is critical to the analysis of whether you are denied benefits - if you state the reasons the wrong way, you will be denied. Good luck

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Pregnancy discrimination

I agree with the other attorneys -- see a lawyer, and fast! For Washington State attorneys, go to WELAweb.org - you can be confident that any attorney listed there will know how to help you. Best of luck!

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Small business liability for harassment claim

The short answer is "YES!" Even employers with one employee are potentially liable for sexual or racial harassment. If a manager is engaging in unlawful conduct amounting to harassment, fire the manager and take steps to reassure the person(s) being harassed. Train the remaining managers immediately regarding the parameters of unlawful harassment and the potential consequences of such behavior. The watchword is, If you can't say/do it in front of your grandmother, don't do it at work. Period.

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Gas company undercharged now wants payback

While the utility may not be REQUIRED to adjust the billing, it is highly likely they will do so if you call and speak to a supervisor. I would not recommend that you just "let it go" and refuse to pay it. You may also wish to call the Washington Utilities and Transportation Commission to determine exactly what your rights are. I had a similar situation when I first moved here, and Puget Sound Energy worked with me to come up with a reasonable amount.

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Am I eligible for unemployment benefits while serving on a jury?

You are NOT ineligible - s/he gave you bad information . See, e.g., RCW 50.20.117: Jury service. No otherwise eligible individual shall be denied benefits for any week because he or she is serving as a prospective or impaneled juror in any court of this state. Compensation received for service as a juror shall not be considered wages subject to contributions under this title nor shall such compensation be considered in determining base-year wages, but it shall be considered remuneration for...

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