Carol Catherine Mccaulley's Answers

Can an employer tape personal conversation between employees? Employees having venting session about employer while she isn't in

In the state of Washington nobody can tape another person without their consent. That being said, it appears that you are speculating that she recorded your conversations, but how do you know this to be true? The discovery process that takes place once a claim is filed could bring evidence to the surface. However, an attorney can't file a claim without believing it is well founded in fact and law. In this case, the lawyer would ethically need to have something more to reach the conclusion...

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If you have set pay days .

In brief, since 2006 employees have had two legal options for pursuing unpaid wage claims in Washington State: 1) filing a claim with Washington State Department of Labor and Industries (L&I) or 2) filing a lawsuit in a court with proper jurisdiction. If an employee files a claim with L&I and it issues a citation, the employer has 10 days to pay the unpaid wages and interest without penalty (i.e., L&I can't assess any penalties if the claim is timely paid). It is important to note that if...

My mother died several years ago and I am benificery of her estate, can I collect her SS benifits

Are you a minor or disabled? Social security beneifts of a parent are only available under limited circumstances. To answer your question, we would need more information.

Do I need a labor lawyer?

To accurately answer your question, there are some additional questions that need to be answered. For example, when did the bonus plan promise payment for Q2 and what were the criteria for eligibility for bonus (e.g., employment at the close of the Q2, or employment at the time payment became due). Questions regarding payment of bonuses and commissions can be very tricky.

After hired, can my employer force me to sign a non-compete agreement?

How non competition agreements are treated differently from state to state. For example, in both Oregon and Washington, ongoing "at-will" employment is not considered sufficient consideration to support a non-compete (in a nutshell, all contracts require that each party receives something from the deal - this is called "consideration"). The argument is that if you already have the job and have been working, and are not promised anything more than what you already have, there is no...

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Guardianship of my adult mentally i'll brother

While each state has slightly different procedures, obtaining guardianship is not simply a matter of showing proof of close relationship. Because a guardianship deprives the incapacitated person of some of their rights, it is not something that the states are willing to grant without being assured of both the need, and the inability of that need to be met by any less intrusive means. Most states will require a petition for guardianship to be filed. This petition sets forth the facts,...

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My employer has shorted my paycheck for the passed 4 pay periods, what can I do to put an end to this?

Most states have laws regarding timely and accurate pay. For example, in Washington State if an employer wrongfully withholds pay, the employee may be entitled to receive double damages and attorney's fees. In Oregon, an employee gets paid additional wages for each day that the employer fails to pay. Since you are in Ohio, I would check with the Ohio Department of Labor.

I am paid twice a month. I have worked over 40 hrs in a week, over 80 in a pay period, Never received overtime. Is this legal?

This is not a simple question to answer. The answer depends on your particular position and pay structure. Some positions are exempt from over-time laws. Employees who are exempt from overtime laws are not entitled to receive overtime pay. However, in order to be treated as exempt, your position and the way you are compensated must meet specific criteria under appicable law. There are Federal and State laws that spell out what criteria must be met to treat a position as exempt from...

When discharged from a position with the first 90 days are there different labor laws?

If Indiana, like many states, is an employment "at-will" state, than unless you have a contract that guarantees some special rights or sets forth a disciplinary process, an private employer can do what they like regardless of how long you have been in its employ. Public employers are a little different. I am confused by the last part of your question. You indicate that you are a single parent and are treated differently than others in your position. However, the example you give is...

I was laid off and noww there refusing to give me my w2!

While your employer is obligated to provide you with a W-2, if they fail to do so the IRS has a special form you can use to self report.