William D. Edelblute's Answers

Can my employer make me pay their legal fees and money they now owe for failing to return a response to a garnishment?

No they cannot. They cannot withhold the fees from your pay, as Washingon statutes are very strict about what can be deducted from your pay, and something like this is not on the list. Only if you wilfully caused damage to your employer can they demand compensation from you. And there is no other basis for the employer to hold you accountable for their own negligence. Your employer has a decent chance of setting aside the judgment if they can show the failure to return the documents was a...

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What are the statues of limitations for defamation in the state of Washington?

To answer the question posed in the title of your question, the statute of limitations in the State of Washington for a defamation action is two years, a year shorter than for many other types of tort claims. However, the tort of "malicious prosecution" may apply to facts like these, and the staute of limitations for that action is three years. To maintain an action for malicious prosecution, the plaintiff must allege and prove (1) that the prosecution claimed to have been malicious was...

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Would there be any federal issues a disabled employee can pursue in Federal courts in WA State where he failed in State courts?

It seems unlikely. By "discrimination against public employees" who are not police officers or firefighters, you may be asking if there is a denial of Equal Protection under the 14th Amendment. The government would have a sufficient rational basis to treat police and firefighers differently than all other public employees in general. As a "public employee" in general, you don't specified if you are tenured. Some government employees would have no tenure, or property interest in their job...

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We sought an anti-contact order against an elderly neighbor for her bizarre behavior and false reports to police and city code

You say the neighbor violated the "anti-contact agreement." If you mean an anti-harassment order, issued by a Court, as a result of an agreement, it is a crime to violate an anti-harassment order, so you should have reported the violation of an order to the police. You can recover damages in a civil suit, if the other party has intentionally caused you emotional distress, or even if they have done so negligently, if you have medical symptoms. But unless she has the resources to pay a...

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Will my arrest (without charges) be visible to future employers?

Private employers will only be provided "conviction data" by the Washington State Patrol Identification section. This is the typical "background check." However, some employers hire a private firm to check court records, which can show charges that did not result in conviction. The term "convicted" means having been found guilty by a court, or having entered a plea of guilty. Clearly an arrest, or even being charged, is not a "conviction."

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How long in washington state do I have to report a possible cumalitive disorder?How do I prove it is a CTD?

§ 51.28.055. Time limitation for filing claim for occupational disease - Notice - Hearing loss claims - Rules (1) Except as provided in subsection (2) of this section for claims filed for occupational hearing loss, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician or a licensed advanced registered nurse practitioner: (a) Of the existence of his or her occupational disease,...

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How long in washington state do I have before I need to file an WC. How do I prove I have a cum. Trauma Disorder.

If for a distinct injury, one year for the injury. If for an occupational disease, two years from the time the doctor tells you of the condition and gives you notice of your right to file a claim. § 51.28.050. Time limitation for filing application or enforcing claim for injury No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued, except as provided in...

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Email of defamation and slander.

Suing for defamation means you have lost specified amounts of money due to false statements made about you, or you have been falsely accused of a crime in which case you may recover "nominal" damages without proof of actual monetary losses. If it is an HOA matter, then if this person has falsely told the HOA you are violating the rules or bylaws, then you should have had the right to contest any action by the HOA, such as any fine they dealt out to you. Or even if they warned you about...

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How do I secure my good employment history despite being falsely accused and forced to be fired or change locations?

You have the right by the Washington Administrative Code to inspect your employee file at least annually. Ask to review it and see if there is a written record of the incident and action your describe. If there is, you have the right to place a statement in your file with your version. There is no way to force the employer to resolve this issue, that is far as it goes. You have not suffered adverse employment action just by being relocated. You don't state whether the relocation is...

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I've requested that my W-2 be mailed to me by my former employer. Are they required to do so legally?

Absolutely ,the employer is required by IRS regulations to provide you with your W-2 by Feburary 1st, 2010. And to mail a W-3 to the IRS with that same information. Call the IRS and report this situation. If you have all your paystubs, then you would be able to report your income that way, and the IRS may accept your return that way pending their contacting your employer to enforce compliance.

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