Rebecca Elise Ary's Answers

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

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.

2 people marked this answer as helpful

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

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....

1 person marked this answer as helpful

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.

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.

1 person marked this answer as helpful

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

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.

1 person marked this answer as helpful

Is it possible to appeal a denial of unemployment benefits

It sounds as though you may have been "constructively discharged," which means the working conditions were so bad that any reasonable person in your position would have quit. You may be able to sue for wrongful termination in violation of public policy. And, yes, it is possible to appeal a denial of unemployment benefits. (Though I am no expert on unemployment benefits.)

1 person marked this answer as helpful

My husband quit his job 6 months ago. His employer has yet to send him his last pay check.What can we do?

Just to clarify, in a lawsuit for unpaid wages, you can recover your attorneys' fees and costs in SOME instances. It is not enough just to prove the employer owes you wages -- you must also prove that the employer failed to pay willfully and with intent to deprive you of wages. If it was just an accident or some kind of clerical error, you will still be responsible for your attorneys' fees and costs.

1 person marked this answer as helpful

When I post a job online - can I request that only females apply if it is a home-based business?

This is blatant gender discrimination. For a larger employer, such discrimination is illegal. While state and federal statutes have exceptions for small businesses, some cities do not. In Seattle, for instance, discrimination is illegal for any employer who has even just one employee. Be sure to check the law in your city and county. Also, from a practical standpoint, you risk offending potential applicants.

I was found guilty in WA '07 for a DUI by DOL, but not the court (neg 1). Can I still go through Canada on a cruise ship?

People with criminal convictions (even minor ones) less than 5 years ago are not allowed into Canada, unless there are exceptional circumstances. For more information, look here: http://www.cic.gc.ca/english/visit/conviction.asp

I believe I was wrongfully fired from my job. What are my options?

You may have a case for FMLA retaliation. But only if you qualified for FMLA leave and followed the rules for taking that leave. And only if there was no other likely reason to fire you.

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

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.