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Spencer Nathan Thal

Spencer Thal’s Answers

59 total


  • If a union refuses to file a wage grievance when there's evidence of employer misconduct what can be done?

    My employer did not advance my wages per the appropriate steps in the Union contract. I had 32 experience. The highest step at the time of hire was 28. On this contract the highest step was 32 but wasn't active until December 2009. When both e...

    Spencer’s Answer

    No. Unions owe a duty of fair representation to their members, but the law is clear that negligence is not sufficient to establish a violation. Candidly, it seems as though you are not pursuing the issue in the correct forum (contract negotiations, EEOC, grievance, and now a potential claim against the union), probably because you have not received good legal counsel from the outset. At this point, you may or may not have valid claims, but you really should consult with an attorney who specializes in labor and employment law before any more time passes.

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  • Is their any lawyers to take on work place suits ? I work for a college in Bremen WA , and feel I been wronged .

    I put in for a desk audit and alto got promoted but not to the job placement I wanted , I find myself being punished by now being worked out of my new job description . it's union and feel the union is not doing anymore . HR said they stand beh...

    Spencer’s Answer

    It seems to me that this situation is worth reviewing in more detail with someone experienced in labor and employment law to determine whether you have valid retaliation and/or unfair labor practice claims. I am located up the road in Poulsbo, and there are others in the area who can advise you as well.

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  • My fiance was just fired for driving a forklift without a CDL, He was asked to drive it by someone that was teaching him to

    drive it in his workplace is all native americans and white ppl he is black. Over half the ppl there dont have their CDLs and they dont get fired for driving them but he did the guy that got him fired was someone that he has been having problems w...

    Spencer’s Answer

    This makes no sense. There is no CDL requirement for driving a forklift (I'm assuming that this is in a warehouse environment). It sounds like it is very possible that your fiance has valid discrimination claims, and you should contact an attorney that specializes in employment discrimination law promptly to review the possible claims and to strategize about how best to proceed.

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  • What is the statute of limitations for filing a sexual harassment claim against a past employer?

    This was the department head of an agency I worked for. We were talking in the hall and I was gesturing with my hands ( innocently). He grabbed the middle finger on my right hand and twisted and jerked it. I had swelling and pain for a couple of...

    Spencer’s Answer

    It sounds like you work in the public sector. There are different possible claims here, and different statutes of limitation depending on the claim and whether the claim is being pursued under state or federal law. You should contact an attorney promptly to discuss the possible claims and to understand the time limits for asserting them.

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  • What are the requirements for a New Jersey author to conduct a writing workshop at an elementary school in Washington .

    The author meets the test as an independent contractor and has provided a W9 with SSN ( not a TIN ) and has signed the consulting services contract with the school district . Other than verifying the SSN are there any other requirements such as...

    Spencer’s Answer

    It sounds like you're asking on behalf of the school district. If that's the case, it is worth contacting an attorney that represents school districts. One well known firm is Porter Foster Rorick. http://pfrwa.com/. Lance Andree does this type of work from that firm.

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  • I was terminated for missing 30 days of work , I was approved for FLAM . Help me

    I requested FLMA , state not federal , because my domestic partner became ill and pass away . I followed all the policies that were set for leave , except I did not return the paperwork in the allotted time , which I had made a agreement with...

    Spencer’s Answer

    It seems to me like you might have valid claims, but to assess them and to develop an effective strategy, you really need to consult with an attorney that specializes in labor and employment law. There are a lot of potential pitfalls here. If you're interested in a consultation, please let me know.

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  • My former employer terminated me for a reason inconsistent with the facts is that legal?

    I performed a transaction to correct an error in a transaction where an employee discount was not applied to my purchase. Per policy you need a manager/assistant manager to perform employee returns. I approached the other assistant manager to auth...

    Spencer’s Answer

    Fred Meyer?

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  • Is it legal to be let go when I have and open L&I claim. Being told you do not need a job because you are married.

    Possible wrongful termination and discrimination ?

    Spencer’s Answer

    In order to evaluate this possible claim, including the employer, the timing and circumstances of the L&I claim, the stated reason for termination/separation and the evidence we have that the actual reason is different. If you're interested in reviewing this in more detail, please feel free to contact me or contact another employment law attorney in the area.

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  • Do i have options when working in a seemingly hostile workplace?

    my boss (the owner) threatens to fire people in front of everyone, says people should quit "if they don't like it," swears and yells at people, talks poorly of other employees when they aren't in the office, has played pornography on the office TV...

    Spencer’s Answer

    The real question here is whether the owner's bile is targeted at a particular group (women, minorities, etc.) or whether he's an equal opportunity schmuck. The pornography suggests sexual harassment and therefore sex discrimination, but it's hard to divine anything more that might be actionable from the information your provide. It probably makes sense to consult with an attorney about options.

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  • What is wrongful termination versus descrimination.

    Employed for 38 years. Turned 60 in 2012. No warnings or reprimands - No documentation. Was given no explanation for termination from boss of 9 months. Said my boss and I had serveral conversations about attitutde and negativity, but did not h...

    Spencer’s Answer

    I would be interested in talking with you about your case to assess whether you have a discrimination claim.

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