Nigel Stephen Malden's Answers

Im doing research for a comprehensive pamphlet on jury duty and have the following questions.

The process for selecting jurors is generally set by state law (except for federal courts) so it varies. Here is how they do it in WA and many other places: Citizens are sent summons to appear for jury duty. Ignoring the summons may constitute a crime. Citizens are chosen randomly by reference to voter registration or drivers license records. All you have to be is a resident of the city or county (or federal district) holding court. The physical requirements are the ability to hear...

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Unpaid Bonus

Yes, you can sue employer who does not timely pay an agreed bonus. If you can prove that bonus was intentionally witheld (ie without justification), you may win 2x damages + attorneys fees and costs. You can prove an agreement to pay a bonus based on an e-mail. The e-mail must be authenticated to be admissable into evidence but that is not hard to do. Whether you can file suit is a very different question than whether you should. In most cases, a significant effort should be made to...

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Do I need a lawyer to defer a malicious mischief charge? And what are the circumstances for ir?

As a general rule, yes, most people are wise to hire an attorney to defend against a criminal charge. In general, representing yourself in court is ill advised unless case is very simple and its an insignificant charge and penalty. I have seen some people pull it off rather well but I have also seen some disasters. Deferral may be a good way to go. Just make sure you know the rules and what you are agreeing to. One of the reasons you should confer with a local attorney though is to make...

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How to stop my former lawyer from filing meritless lawsuits against me in his attempt to take away my right to freedom of speech

Federal rules of civil procedure (CR11) authorize trial courts to sanction attorneys or litigants who sign and file frivolous pleadings. Most state courts have same or similar rule. How strictly it is enforced varies from court to court but it is a primary remedy. You have to be careful what you publish on the internet. There has been a rise in internet defamation claims. You need to consult with local attorney anytime and as soon as you are sued. Defamation cases can be tricky for both sides.

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Is it legal to make an employee pay if they quit and go to work for a client instead of going through the employers company.

What you are referring to is called an agreement or covenant not to compete. Such agreements, and the $5,000 damage penalty, may or may not be enforceable depending on the exact written terms of the agreement and the overall facts and circumstances. A court generally has to exercise some discretion to determine whether the agreement is "reasonable." If your departure is necessary because your employer is condoning or concealing theft from clients, that might be relevant. I suggest you...

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I worked for a insurance company and am owe wage they have not paid. What are my options.

There are laws in WA specifically designed to encourage timely payment of wages. If wages are wrongfully withheld, and legal action is required to force payment, the employer may be held liable for 2X wages plus attorneys fees. That being said, its generally best to start with one or two courteous letters requesting prompt payment. Sometimes innocent mistakes are made. You should always give employer reasonable opportunity to pay wages before resorting to stronger measures. The state...

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If I sign a severance agreement saying I won't bring legal action againt them, can I still get unemployment?

Great question! An unemployment claim is filed with the state Employment Security Department but it does "arise" from your employment. I think any severance agreement should clarify the parties' intentions and expectations. Are you voluntarily quitting or resigning or being laid off as part of workforce reduction? You need to know the employer's position. Severance agreement should expressly exclude any unemployment claim from a larger release of claims if you plan to file for those benefits.

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If an employee files an L&I claim and a employer makes a bogus claim with no proof to it and fires said employee, what legal a

There is a WA statute that specifically prohibits employer from retaliating against an employee for filing an injury claim with L&I. The challenge is to prove retaliatory motive. It is not always easy to prove what was in someone's head without a smoking gun document or strong independent witness who heard an admission. Usually the employer claims other reasons that are performance related. Sometimes they are pretextual, sometimes not. You should probably consult with an attorney to...

Can an employment contract be enforced if it is not signed by the employee?

It depends on whether your original salary was guaranteed for specific time in your employment agreement or someplace else. If salary was guaranteed for specific period of time, and now employer wants to unilaterally change terms, thats a breach of contract. Remember though, an employer is often free to raise or lower salary if it does not breach some existing agreement and its not done for some illegal purpose like discrimination. The employee is considered free to take or leave it....

Can my employer terminate my employment and withhold my earned commissions?

I agree the issue is WHEN the commission is deemed earned. For this, you usually have to look first at any written employment agreement, pay plan, employee manual etc. Somewhere, exactly when your commission becomes due and payable should be in writing. If there may be chargebacks, those circumstances should be clearly explained. CA law may well say that all worker pay must be paid promptly. This would likely include EARNED COMMISSIONS. But I bet CA law does not say WHEN a commission is...