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Rebecca Elise Ary

Rebecca Ary’s Answers

12 total


  • Employment law: Laws in Washington St. regarding collecting commissions owed after being laidoff due to an RIF, no fault???

    I was verbally told that they would pay me for the commissions owed to me but not until the end of ea qtr just like when I was employed. This is to make sure the final revenue doesn't change, as it often fluctuates from what the project was sold a...

    Rebecca’s Answer

    It does sound like you have a strong case for unlawful wage withholding. (Though it is difficult to accurately evaluate a case without seeing all of the relevant documents.) In such a case, I typically argue that the employee is entitled to double the amount of pay owed, attorney's fees, and 12% interest. I would be happy to talk to you about representation in this matter. Unpaid wage cases are my absolute favorites and make up roughly half of my caseload. You can read more about them on my blog.

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  • I am a waitress and work the floor from open to close should I get breaks?

    I start work at 5:30am and have to "clock out "at 2:00pm. I get no lunch or breaks and I am required to clean up and set up at end of day off the clock. I usually work 1 1/2 hrs every day of the clock. This cant be right is it?

    Rebecca’s Answer

    You are entitled to at least 10 minutes of paid rest break for every 4 hours worked in a shift. Whenever you work more than 5 hours in a shift, you should get a 30 minute meal break. You must be paid for every hour worked. Requiring you to work off the clock is illegal. If you are working more than 40 hours per week, you are entitled to overtime. I strongly suggest you hire a lawyer to handle this matter, or at least make a formal complaint to the Department of Labor and Industries.

    Disclaimer: I am not your attorney and no attorney-client relationship has been formed. The above statements are made based on limited information and may be completely incorrect. Do not rely on anything said above. Hire an attorney immediately to advise you.

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  • I got a fishy document to sign from my former employer, and I want to know who to contact that can help me decide what to do.

    I was let go from my job last friday. They gave me a 5 page separation agreement & release form to sign to get my severance pay. This document is obviously meant to protect them legally but it seems very fishy to me, as there are so many condition...

    Rebecca’s Answer

    Absolutely consult a lawyer before signing such a release. Signing it usually means you waive your right to sue. But perhaps you don't have anything to sue over anyway. I recommend any of the lawyers belonging to WELA. Find them at www.welaweb.org.

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  • I need to terminate an employee who is an admitted alcoholic that was sober, and has fallen off the wagon

    I have an employee who is an admitted former alcoholic, sober for 2 years is what they say, in AA etc. This week, this person did not show for work, and I have found out that they overdosed on alcohol and drugs, and were hospitalized etc. I do not...

    Rebecca’s Answer

    Alcoholism is a recognized disability. Firing someone for conduct resulting from a disability is illegal. Be very, very careful here. Before you do anything, I strongly suggest you hire a lawyer with experience in disability discrimination.

    Disclaimer: Nothing I say here is legal advice. Do not do anything based on what I say. Hire an attorney to advise you. You are not my client unless and until we have both signed a fee agreement saying otherwise.

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  • I filed a dicrimination complaint and was retalited against. Should I wait for state investigator to tell of retaliation?

    I don't want my complaint to be dismissed on the other hand retaliation is ongoing so I don't want to complain again and again

    Rebecca’s Answer

    Retaliation for filing a complaint is illegal. Without more details, it's hard to give you any specific advice. It sounds like you might need to hire an attorney to protect your rights.

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  • Step parent adoption when bio parent has had no contact and abused the child?

    I have a 12 yr old who was abused by his bio dad when he was little. bio dad has been arrested on abuse charges and has violated parrole. my son has had no contact with bio dad since he was 4 and has been in therapy since because of the abuse a...

    Rebecca’s Answer

    This is not something to do on your own. Get yourself an experienced adoption attorney. You can find a list of Washington adoption attorneys at http://www1.dshs.wa.gov/pdf/ca/exchange.pdf.

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  • I work at a company for the past year and four months...I have a very well extablished work history before this.

    Everything was o.k until the human resource assistant was promoted to general manager (This is a call center). The general manager employs friends to work there and also hired her brother to do maintenance. This is where the problem begins. This m...

    Rebecca’s Answer

    I agree with the previous poster. You need to talk to an attorney. Keep looking until you find one who will take your case. You might also have a claim for unpaid overtime. In some situations, people on salary are entitled to overtime. That might be worth looking into.

    Whatever you do, don't quit your job yet, even if you find another job. Get an attorney first to advise you on things to do before you quit that will help your lawsuit.

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  • I have worked for a massage company who didnt sell products and now I am told if I dont sell more products I will be let go

    I have worked for a massage company, privately owned for 6 years now. For 4+ years we did massage only and thats what I was hired for. For the past year and a half we started selling products. I was told today that if I dont sell more products ...

    Rebecca’s Answer

    You're right -- it's not fair. Unfortunately, it's totally legal. Unless you have a contract or union agreement saying otherwise, you are an at will employee. That means you can be fired for no reason at all (unless there is illegal discrimination or retaliation). If you do lose your job, you might be eligible for unemployment compensation. But I'm no expert on unemployment compensation.

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  • If a non compete clause is to broad in the definition of a competitor thus limiting ones ability to find work how binding is it?

    I work for a Janitorial Management company and signed a non compete clause. The definition of competitor in the non compete clause I signed includes any company performing work in any janitorial field. I am very unhappy with the treatment I am r...

    Rebecca’s Answer

    Sounds a bit broad to me. A judge MAY decide to narrow it down a bit. This is far from certain. I strongly suggest you hire a lawyer BEFORE you accept a job offer.

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  • I signed a non compete clause after 1year of employment and asked to back date it to hire date. Is this binding?

    I am currently employed with a Management company that hires contrators, I was offered a job with one of the contractors. I signed a non compete clause after 1 year of employment and made to back date it to hire date. The job I am offered is an...

    Rebecca’s Answer

    If your employer did not give you anything (other than continued at will employment) in exchange for signing the non-compete, it is not binding. However, the key is that you signed it after you had been employed for a year. If you back dated it, you might have trouble proving that the agreement was not entered into when you were first hired. Also, if the non-compete is unreasonable about things like the geographic limits or time, then a court may revise it to make it more reasonable.

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