Ryan Pauley's Answers

PTO carryover to next calendar year.

An employer in WA does not violate WA state law if it prohibits employees from carrying over PTO. As you correctly point out this is not the case in California. In that state, PTO vests as it is earned under state law. I hope this helps. Ryan Pauley

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I have been harassed by my boss for three years for reporting thefts by another employee. What type of lawyer do I need?

I am impressed with how long you have managed to stay in this position. No one should have to tolerate the treatment which you have experienced. You need to consult an employment lawyer. It looks like you might have two or three claims. First, you have obviously been retaliated against for reporting the thefts. Therefore, you likely have a retaliation claim under federal and/or state law. Next, since you are a teacher and a public employee you also likely have a whistleblower claim....

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Landlord coming to home all the time without notifying us (renters).

This is a legal question and a good one. You are right the landlord must give at least two days notice before entering your home (a.k.a. the dwelling unit). A dwelling unit is defined under the Residential Landlord Tenant Act (RCW 59.18) as a structure or that part of a structure which is used as a home. The key word here is structure. Since the yard is not part of the structure the landlord would likely argue that he is not required to give notice before coming out to the front yard...

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I was recently terminated for using too much unpaid leave. But I think my company was part of the problem. What can I do?

Thank you for your question. I practice labor and employment law in Seattle and have dealt with numerous work related issues. First, I agree with my colleague that the American with Disabilities Act is relevant, but there is also a potential worker’s compensation and family medical leave act (FMLA) claim. In regards to the FMLA, one of the big questions that must be answered is does the employer employ at least 50 employees which is necessary to establish coverage under the FMLA. If...

Can an exempt employee simulateously be hired as a contractor for the same organization?

It would help to know more about the employee's responsibilities before giving an answer. However, based on these limited facts, I see no reason why the director would be prohibited from being paid for one of these positions. In regards to your second question, again, I would need to no more information, but assuming they are truly non-exempt hourly employees they would likely be able to work in the contractor role. However, if they are non-exempt employees an overtime issue may come...

Constructive environment and sexual harassment

Let me start by stating that I am an employment lawyer in WA and practice in Seattle, so I am quite familiar with these scenarios. Based on the information you provided, it sounds like you are a victim of sexual harassment. My first piece of advice it to contact a lawyer immediately. He or she will be able to help you determine the best course of action to pursue against the company. Also, here is some additional information on the law of sexual harassment in WA. There are two...

Can I work as a contract laborer?

If you don't take the job, it will likely affect your ability to obtain unemployment benefits because you are turning down a comparable job opportunity. In regards to the independent contractor classification, you may still be considered an employee even if your title is changed to "independent contractor". The link below will take you to a 20 factor test that is used by the IRS to determine whether a worker providing services is an independent contractor or and employee under the law....