Alexander J. Higgins’s Answers

Alexander J. Higgins

Seattle Employment / Labor Attorney.

Contributor Level 11
  1. In an At Will state, can I be fired for insubordination for declining to meet with supervisor because of depression disability?

    Answered about 1 year ago.

    1. Alexander J. Higgins
    2. Jenna M Wolfe
    3. Mishka L Marshall
    3 lawyer answers

    Your case is extremely difficult to analyze based on a single paragraph. It would be unwise for anyone to give you a "yes" or "no" answer to your question. My frank opinion is that your case does not sound terribly strong. On the other hand, you may have more leverage than you think. Finally, you need to protect your right to get unemployment compensation which could be jeopardized by such an agreement. Spend a few hundred dollars on getting a lawyer to review your situation and the...

    Selected as best answer

  2. Non-Competes in WA State- If your previous employer's company shuts down, does that make the non-compete void?

    Answered almost 2 years ago.

    1. Alexander J. Higgins
    2. Howard Eugene Bundy
    3. Gavin Nathaniel Johnson
    3 lawyer answers

    If the company shuts down, then there is no legitimate interest in enforcing the non-compete. But you need to be very careful that the company is really shut down and not dormant while looking for a buyer of the assets, which would include your contract. The other question you ask needs a legal analysis of the contract and the facts. -Alex J. Higgins

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What to do if discriminated against for a job opportunity from a school district?

    Answered 10 months ago.

    1. Alexander J. Higgins
    2. Jenna M Wolfe
    3. Christine C McCall
    4. Elizabeth Hallock
    4 lawyer answers

    He should file a charge of discrimination with the EEOC. Look at www.eeoc.gov -Alex

    Selected as best answer

  4. I've always understood that the NLRA relates to unions specifically, not every single person in the country. Am I mistaken?

    Answered over 1 year ago.

    1. Saphronia R Young
    2. Alexander J. Higgins
    3. Richard H. Wooster
    4. Marilynn Mika Spencer
    4 lawyer answers

    The NLRA applies to non-union employees. It protects employees who engage in "concerted action" for their mutual rights. It's pretty broad. I'm not aware of any specific cases testing an employer's rule against discussing compensation but I bet the employees could justify a discussion if it related to concerted action (as opposed to idle gossip). -Alex

    6 lawyers agreed with this answer

  5. After 10 yrs of employment in sales I was asked to sign an Non Compete. I was not given any compensation or bonus to do this.

    Answered about 2 years ago.

    1. Alexander J. Higgins
    2. Gavin Nathaniel Johnson
    3. James A. Braschler
    3 lawyer answers

    The non-compete is not enforceable under Labriola v. Pollard (a Washington Supreme Court case) which holds that some payment or tangible consideration must be given by the employer at the time the non-compete is required of an employee. (This does not constitute legal advice and there is no attorney-client relationship.) If you want legal advice, feel free to contact me. -Alex J. Higgins alexjhiggins@gmail.com

    6 lawyers agreed with this answer

  6. Severance Obligation Not Paid - Please provide a sample Demand Letter and other steps prior to hiring an attorney.

    Answered over 1 year ago.

    1. Alexander J. Higgins
    2. Julie Anne Oberbillig
    3. Roger M. Townsend
    4. Herbert J Tan
    5. Ian Zimmerman
    5 lawyer answers

    I would strongly advise you to hire a lawyer to analyze the case and write a demand letter. Trying this yourself may jeopardize your case. -Alex J. Higgins

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can my manager steal from the room my tips? I am a housekeeper

    Answered 2 months ago.

    1. Alexander J. Higgins
    2. Roger M. Townsend
    3. Chalmers Carey Johnson
    4. Ashley Dawn Marks
    4 lawyer answers

    You should file a wage complaint with the Washington Department of Labor & Industries. What your manager is doing is wrong and probably illegal. -Alex

    Selected as best answer

  8. Can I file lawsuit in federal court for Employee Discrimination? Must I file w/EEOC first as a requirement?

    Answered about 1 year ago.

    1. Alexander J. Higgins
    2. Jonathan Aaron Weinman
    3. Beverly G Johnson Grant
    4. Josh Michael Friedman
    4 lawyer answers

    If you want to file under federal law, you have to file with the EEOC first. Under Washington state law, which is generally very good for employees, you can go directly to superior court and file suit. -Alex J. Higgins

    5 lawyers agreed with this answer

  9. Is sexual harassment coming from a corp manager a big deal?

    Answered about 1 year ago.

    1. Alexander J. Higgins
    2. Jay Roderik Stephens
    3. Daniel Nelson Deasy
    3 lawyer answers

    Sexual harassment depends on the facts and the circumstances. Sounds like you have a very good reason to be concerned. Contact a lawyer immediately. -Alex J. Higgins

    5 lawyers agreed with this answer

  10. In Seattle, Washington what is the statute of limitations to file a harrassment suit againt an employer?

    Answered almost 2 years ago.

    1. Jason M Casebolt
    2. Alexander J. Higgins
    3. Todd Matthew Heine
    3 lawyer answers

    3 years from the last act of discrimination (harassment) under Washington law. To preserve your federal claims, you have to file with the EEOC within 300 days of the last act of discrimination. I agree with the other attorney that you need to speak to a lawyer about your case and do not rely on these kinds of websites and general statements. The facts of your specific case are the most important part of the analysis. -Alex

    5 lawyers agreed with this answer