Daniel A Swedlow’s Answers

Daniel A Swedlow

Tukwila Employment / Labor Attorney.

Contributor Level 9
  1. Can my son be laid off from a union WA State iron worker job because he has been in an auto accident and cannot work right now?

    Answered over 1 year ago.

    1. Daniel A Swedlow
    2. Bruce Clement
    3. Scott Douglas Camassar
    4. Spencer Nathan Thal
    5. Jeffrey Jose Estrella
    5 lawyer answers

    He should start by contacting his union representative. Light duty is always an option but not all employers have available light duty and they don't need to create it. That said, they are required to discuss reasonable accommodation of any disability he may have from the accident. Light duty isn't the only form of accommodation. Layoff from a union position might not be a terrible choice as he will have recall rights. It is critical that he contact his union rep ASAP.

    4 lawyers agreed with this answer

  2. Hi, I worked about 10 days just before Christmas at local business office in WA state. The owner refuses to pay me.

    Answered 5 months ago.

    1. Daniel A Swedlow
    2. Elizabeth Hallock
    3. Jenna M Wolfe
    3 lawyer answers

    If you performed any work for him at all you are entitled to compensation for that work. The question is really just how much are you entitled to. At the very least you should get minimum wage for the hours you worked, but you are probably entitled to a lot more than that. If he refuses to pay you may be entitled to double damages and attorneys' fees. The law is very much on your side here. Contact a plaintiff employment lawyer and get your money.

    3 lawyers agreed with this answer

  3. I lost a 100K+ job because the recruiting company has a totally unacceptable non-compete policy. Please help!

    Answered over 1 year ago.

    1. Daniel A Swedlow
    2. Robert P Dickson
    3. Cameron Ross Monti
    3 lawyer answers

    Lots of missing info in this question. Were you already employed when the employer tried to get you to sign a non-compete? Were you asked to sign this agreement with the employer or with a recruiting company? What exactly do you mean when you say you "lost" the job? Non-competes are enforceable but not always. You should probably consult with an attorney to get a better sense of what your options are, if any.

    3 lawyers agreed with this answer

  4. What recourse do I have for being fired for violating a policy that I did not?

    Answered over 1 year ago.

    1. Daniel A Swedlow
    2. Jared N Hawkins
    3. John William Ladenburg
    3 lawyer answers

    If you are in a union you can file a grievance and go to arbitration to get your job back. Most unionized employees already know that so I am going to assume you do not have a union. In that case, your only options are to either try to prove to the employer that you did not do what they are accusing you of, and hope for mercy, or you could file a lawsuit and fight the termination as a wrongful termination on some basis. An employer being wrong about whether or not you committed a policy...

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  5. I am planning to join my client company. I want to know if this is legally possible.

    Answered over 1 year ago.

    1. Roger M. Townsend
    2. Danielle M. Callahan
    3. Stephen Joseph Cipolla
    4. Daniel A Swedlow
    5. John Robert Bonin
    5 lawyer answers

    Whether or not you can safely join that client depends on a lot of factors including when your employer made you sign that agreement, whether you received compensation for signing, the wording of the agreement itself and a variety of other issues. You can always join the client and hope for the best but if you want to avoid getting sued, or at least know what the risk is, you'll have to meet with an employment law attorney here in Washington, assuming you are in Seattle as the post suggests.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Interpretation of non-compete agreement

    Answered over 1 year ago.

    1. Gavin Nathaniel Johnson
    2. Alexander J. Higgins
    3. Daniel A Swedlow
    4. Howard Robert Roitman
    4 lawyer answers

    The only good argument you probably have in this case would be if you were not "assigned" to company C. In other words, if you provided consultant services to other clients of company V and company C heard about your good work through the industry and made you an offer, then you might be okay. If, as I suspect is the case, you were actually assigned to company C and working with that company while at V, the non-compete is probably enforceable. There are lots of factors to weigh, however,...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I am a licensed Insurance Agent in the state of Washington. After a lay off is a noncompete valid?

    Answered over 1 year ago.

    1. Daniel E Stowe
    2. Alexander J. Higgins
    3. Daniel A Swedlow
    3 lawyer answers

    Sometimes a non-compete will become unenforceable if the reason for the separation from employment was termination or lay-off. The individual facts of your case, the language of your non-compete and the language contained in any other documents or emails between you and your former employer are all part of the equation and should really be analyzed by a lawyer, especially before you just assume the non-compete is unenforceable.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Enforceability of non compete clause/agreement under WA state employment laws

    Answered almost 6 years ago.

    1. Kathleen Dillon Hunt
    2. Daniel A Swedlow
    2 lawyer answers

    Non-competes are limited to "a reasonable time and geographic space" under Washington law. Depending on the circumstances, a year could easily be reasonable.

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  9. At will employment, is WA state an at will employment state, can employer fire me without just cause

    Answered almost 6 years ago.

    1. Daniel A Swedlow
    2. Shalini D Gujavarty
    2 lawyer answers

    There are a few more issues to consider here. Are you a member of a union with a collective bargaining agreement and termination procedures? Does your employer have a written employee manual that adresses termination? Is there anything in writing, email or even past conversations that might have changed the at will reality into a contract for employment? Was your termination really a retaliation for a protected activity? There are others. The bottom line is that while WA is...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  10. Do you think I may qualify for unemployment in WA state?

    Answered over 1 year ago.

    1. Daniel A Swedlow
    2. Spencer Nathan Thal
    3. Alexander J. Higgins
    3 lawyer answers

    You will almost certainly qualify for unemployment benefits since you were not terminated for misconduct. Be honest when telling Employment Security about the reason for separation from employment

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