Jay Roderik Stephens's Answers

Labor and Employment Law for posting a work schedule

Unless you have a contract or collective bargaining agreement that requires your employer to post the work schedule in advance, your employer can wait until the last minute to post the schedule and, if she/he so desires can then change your work schedule at any time. Rod

10 people marked this answer as helpful

Employee's rights under WA law regarding possible discrimination by employer, what are employee's rights

This is certainly a difficult predicament. Although it appears that you are being treated differently from other employees, that, in and of itself, may not give rise to a discrimination claim against your employer. When employment lawyers use the term discrimination we are typically looking to see if a person occupies a protected status. In other words, is the treatment based on certain legally protected areas such as race, age, gender, disability, sexual orientation, veteran status, marital...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Can my current employer take action against me if I transfer clients?

The question you asked raises several issues. The first you answered which is that you do not have a non-competition agreement. You, however, do have a duty of loyalty to your employer and, if your employer, does not ratify your shifting students to another company, you could be found to have violated that duty. In addition, if a court were to find that the students and their identities were considered trade secrets, you could find yourself in violation of the Uniform Trade Secrets Act(UTSA)....

2 people marked this answer as helpful

I was fired from my job when I asked for the human resorce telephone number after my boss cursed at me

Without having additional information, it is difficult to answer your question. Let's consider some resources. First, the denial of your unemployment claim. I would recommend that you contact the unemployment law project in Seattle. Here is their URL: www.unemploymentlawproject.org Their phone number is 206 441 9178. They do a wonderful job helping individuals get unemployment benefits at no charge. Second, just because you were fired after you asked for the number for human resources does...

1 person marked this answer as helpful

Employment law in WA state against employer discrimination, employer's unfair treatment of asian employees

Anytime that you have a concern of race discrimination I think it is important to consult with legal counsel so you can learn how to properly chart your way through what can be treacherous waters. Handling this on your own without the benefit of experienced employment counsel could cause you to make mistakes that will later prove to be fatal to your claim. As a general rule, there are several things you should consider. First, get hold of your employment handbook and review it to...

1 person marked this answer as helpful

WA state employment law, employer owes employee back pay including commissions

The issue you raise is one of the hot topics in wage and hour law. If you were working as a delivery driver you should have been paid overtime for the time you performed in excess of forty hours per week. If you were a delivery driver/salesperson, then we first have to determine whether you are exempt from the Minimum Wage Act as an outside salesperson. Recently, in a case involving Farmer's Brothers coffee, one of our appellate courts held that route sales representatives (RSRs) who were...

1 person marked this answer as helpful

Can they terminate your employment right after asking HR for the FMLA forms?

I am assuming that your son in law qualified for FMLA benefits. Here is the link to FMLA poster that will tell you whether your son in law would qualify for protection under the FMLA: http://www.dol.gov/esa/whd/regs/compliance/posters/fmlaen.pdf Since you list your location as Vancouver, WA, I am concerned that your son my work in Oregon in which case he should speak to an attorney licensed in Oregon. If your son in law is a Washington resident, he may have rights under Washington law. Here is...

Home Depot layoffs 2009- Can I get severance pay?

Typically, a severance package works like this. The employer will offer a set amount of pay in return for a release of any claims that you have against the company. In some circumstances the severance agreement may include non-competition and confidentiality components. Employees, who are 40 and over, are required by law to have 21 days to consider the agreement and 7 days to revoke the agreement after they accept. Those under 40 are not given the same luxury. Many employers will offer...

Non-compete washington law how long can a company ask for?/

Dear Dori: There are a lot of mistaken assumptions made by individuals in the context of non-competition agreements. These cases tend to be fact specific, so I am discuss the general rules of non-competition agreements. A non-competition agreement will be enforced in Washington if it is reasonable in terms of geographic and time restrictions. In addition it must be supported by consideration. What that means is that if your employer only does work in Snohomish County it would be...

Employee's rights under WA employment law when employer is falsifying employees resumes

It sounds as though your employer is placing you in an untenable position. I commend you for having the integrity and courage to tell your coworker that you would not participate in this scheme. These type of things have a way of falling apart and when they do everyone involved can find themselves in the unemployment line. To make matters worse, participation in an activity of this nature could have the effect of making you inelligible for unemployment benefits. Due to the frequency of...