Andrea Scheele's Answers

In Washington State, can I rescind an offer of employment (that was offered pending a bckrnd chk) based on pending charges?

This should not be takes as legal advise. I suggest that you contact an attorney with expertise in your area. In Washington, the default position is that employees are at-will. That means that they can be disciplined or fired for a good reason, a bad reason, or no reason, so long as there is not an illegal reason for the employer's actions. The same goes for offers of employment. Unless the employee has rights that were conveyed by a contract or CBA (collective bargaining agreement), I...

2 people marked this answer as helpful

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

Kathleen's advice is sound. It sounds like you would reap some benefit from speaking to an attorney who specializes in employment discrimination. Employers often couch discriminatory motives with terms like "culture difference." I am sorry that this happened to you. You will find many competent attorneys at www.welaweb.org.

1 person marked this answer as helpful

Did my employer violate a law?

It depends. The FMLA has fairly stringent requirements for the person who is asking for leave from their job, and for the person who is ill and being taken care of by the employee. First of all, have you been at your employment for over one year? That's a yes. Second, how large is your employer? Third, did your mother have a "serious health condition," as prescribed by the statute? You should call a lawyer who specializes in FMLA. Here is link to the poster that should have...

1 person marked this answer as helpful

Will filing a DBA endanger my unemployment benefits ?

In order to receive unemployment benefits in Washington, a claimant must be able, available, and actively seeking work. If you are working on a new business and are not available to work at a job to which you have applied, then you are not eligible for benefits during that time frame. Also, if you are planning on starting a new business, and your job search is not sincere, then you should probably not claim benefits. However, Washington has a program called the Self-Employment Assistance...

My previous employeer put me out on maternity leave without me requesting it stating that he could not have a showing bar tender

This kind of treatment sounds like illegal discrimination. It is generally illegal in every state to treat women differently because of pregnancy, and to treat anyone differently because of their status as a parent. I recommend that you file for unemployment if you have not already done so, and talk to an employment lawyer in your are to discuss your options.

Washington State Family Medical Leave

The answers to these questions are highly dependent on the facts of your situation. If you were on leave for your own health condition, do you believe you were being treated differently from other employees because of a disability that you suffer from, or are "regarded" by your employer as disabled? You should call an employment attorney in your area to talk more about any potential case. A good place to start is the Washington Employment Lawyers Association. You can find them at welaweb.org.

WA State employee rights for an at will employee who feels she is being harrassed by the employer

As you know, Washington is an at-will employment state. What this means is that an employee can be disciplined or terminated for a good reason, a bad reason, or for no reason, so long as it is not for an illegal reason. Employers frequently made decisions that employees don't agree with or understand. This is generally not actionable. If you are being treated differently than your coworkers because of your membership in a protected class, your company's actions may be illegal. Are you...

Do I need a Employment / Labor Attorney ?

It sounds like you might have a legal claim for retaliation for filing a worker's comp claims (your question does not say whether you filed a claim), or possibly disability discrimination. I also recommend seeing an employment lawyer in your area. You may have to pay a consultation fee, but it may be worth it for the peace of mind. Good luck.

1 lawyer agreed with this answer

1 person marked this answer as helpful

Does an employee have any recourse for discrimination based on disability and gender if company to small for EEOC?

Please be aware that I do not practice law in your state, and that this should not be taken as legal advice. You should contact an employment lawyer in your area. That said, in some states, like Washington, there is a tort available for some claims where the employer discriminated, but is too small to be sued under the federal anti-discrimination statute. That tort is called "wrongful termination in violation of public policy." In addition, some states like WA have their own anti-...

1 person marked this answer as helpful

Do I have a discrimination case against my employer?

The first question you must answer is "Am I a member of a protected class?" If you are, then it is possible that you are protected from unequal treatment on the basis of that protected characteristic. Is there something about you that is different from those who are treated more favorably ? Are you a different gender, race, religion, age (40+), disabled, from a different county, or is your sexual orientation different? These are only some of the protected classes, and state laws vary....