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Daniel A Swedlow

Daniel Swedlow’s Answers

54 total


  • Joining a union

    I work for a school dist. as a supervisor and mechanic.I have no authority who we hire or fire. I am the only employee in this area of the district.I feel I need some protection form higher ups.Can I join a union for myself and not include any oth...

    Daniel’s Answer

    Not if nobody else in your likely bargaining unit wants to unionize. But if they learn the benefits of being organized, they may change their minds. I would contact a union organizer at whatever union you think makes sense to join and see if they can work with your group to bring more of your coworkers on board. To figure out the right union, find out who represents the other unionized workers at the district. Good luck.

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  • Is there any government agency like EEOC where I can complaint against retailiation termination by employe ?

    I was terminated by employer because I tried to make a union among employees when I was working...(which is my civil right) and I joined a class action law suit against my employer ...after my joining law suit ...they sent me a termination letter ...

    Daniel’s Answer

    Terminated for union organizing?!? You may have a nice little lawsuit on your hands. Call a lawyer who practices labor law (this is a little different from Employment law - related but different).
    Keep in mind that the strength of your case is going to depend on a lot of factors including your work record, your employer's stated reason for termination, timing of the organizing, the lawsuit and the termination, who else was terminated and why, what exactly your union organizing efforts were and whether or not the employer knew you were doing those activities, etc etc. Bottom line, call a lawyer. If you want to bypass a lawyer and go straight to a government agency - go to the NLRB if your employer was in the private sector and go to PERC if your employer was a public sector employer. Contact me (or whoever) if you need more info. Good luck and keep up the fight. In solidarity!
    Dan

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  • 2 questions breaking down miles to hours per state and no taxes taken out and over 114hs with no overtime

    route driver and i go through 2 states the company bases my time on each state i go into so if they are doing that shouldnt they be taking out state tax for each state. on my payroll sheets they finally pay me by total hours and it comes out to av...

    Daniel’s Answer

    You've got some complicated trucking industry related payment issues to deal with. If you are union, talk to your union ASAP. If not, call a lawyer.

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  • How do you begin or start a discrimination/harassment/wrongful termination case against a current or previous employer?

    Even with weeks of documented bullying, harassment, discrimination. I just do not know what my options are or how to take this further or to the next step.

    Daniel’s Answer

    Definitely the first thing to do is to talk to a lawyer. Most employment lawyers will not charge for an initial consultation. Often the first thing you will be told is to file a charge with the EEOC or the Washington State Human Rights Commission (HRC). It's worth going to those agency websites to read up on your type of claim. see http://www.hum.wa.gov/ and http://www.eeoc.gov/

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

    My company fired me without warning and without asking any questions of me, my manager, or his manager. The termination letter stated the reason was for violating a company policy but I didn't do what they said.

    Daniel’s Answer

    • Selected as best answer

    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 violation is not a good basis for a lawsuit in most circumstances so you would need a better argument. The only way to figure out whether you have a better argument is to talk to a lawyer. Most employment lawyers will at least talk to you for free to hear what your case is about and let you know what your chances are.

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  • Interpretation of non-compete agreement

    Dear Attorneys: I am consultant at company V which provides services and staff to its client (company C). I am accepting an offer from company C. Company V is upset about this and states that I am violating their non-compete agreement that I s...

    Daniel’s Answer

    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, when deciding whether a non-compete is really enforceable. It might be worth talking to an attorney with the complete agreement in hand and an opportunity to explain in more detail exactly what sort of consulting you do, for whom and what the other terms and conditions are.

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  • Any suggestions on an aggressive L and I and employment attorney for Spokane area?

    Looking for an aggressive attorney for l and I and employment issues.

    Daniel’s Answer

    While I agree with Mr. Kelly's general feeling about the value of aggression for the sake of aggression, I do know a very smart and creative lawyer who recently moved from the Seattle area to his childhood home in Eastern Washington. I don't think he's that close to Spokane but from my Seattle perspective just about anything east of Snoqualmie Pass is more or less the same general area. Feel free to contact me if you want his contact info. I don't know if he knows that much about L&I specifically but he can probably figure it out.

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

    I was released a year ago. My former employer had me sign a noncompete stating i would not work with in 25 miles of her office for 2 years. I am bilingual and targeted the Spanish speaking communities. I have begun working for another agency an...

    Daniel’s Answer

    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.

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  • I've been having some medical problems what must I disclose to my employer? As far as my medication?

    The problems they see are side effects of my medication. At first they were okay, they knew I was having some medical issues. Now they are not being so nice. My meds cause speech disturbances, dizziness, and confusion. It doesn't happen all the ti...

    Daniel’s Answer

    What you have to disclose is going to depend in part on what you do. You may need to disclose more if you operate heavy machinery at work. It's a good idea to disclose the medication you are on and what the side effects are if there is any chance that they will mistake your condition for intoxication. You shouldn't have to disclose the underlying medical issue for which you are being treated.

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  • We are being threatened with our jobs to do a cheer at our workplace,what are our rights?

    They are bullying us to do this

    Daniel’s Answer

    Organize a union and demand that they bargain with you over the changes to the workplace conditions. Then when they say no, file unfair labor practice charges with the NLRB. Even though this sounds like I am joking, the truth is that employees have tremendous power when they band together and bargain collectively. You don't even need an official union affiliation. Just talk to management about your concerns but make it crystal clear that you are talking on behalf of more than just yourself. You are federally protected (assuming a private sector employer) as long as you are talking about workplace conditions on behalf of the group (even if the group is just you and at least one other employee). If you work for WSU or some other public sector state agency, contact a labor lawyer before assuming that you are protected in a similar manner under state law because you probably are not as the law currently stands (until I win a pending appeal).

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