Daniel A Swedlow’s Answers

Daniel A Swedlow

Tukwila Employment / Labor Attorney.

Contributor Level 9
  1. How long can my employer keep me after my scheduled shift.

    Answered almost 5 years ago.

    1. Daniel A Swedlow
    2. Thuong-Tri Nguyen
    2 lawyer answers

    You are probably entitled to overtime pay and more breaks than you currently get. You should probably consult with a lawyer about your specifics because it doesn't sound like you are getting everything you are supposed to. For example, you are almost certainly supposed to be getting one additional 10 minute break and you should be getting time and a half after 8 hours of work in a day or 40 in a week. Sending you home early on the last day of the pay period would not be an effective way to...

    1 person marked this answer as helpful

  2. I was fired without warning. I never received any negative feedback, verbal or written. Do I have a defamation suit?

    Answered almost 5 years ago.

    1. Daniel A Swedlow
    2. L. Maxwell Taylor
    2 lawyer answers

    I am licensed in Washington and I agree with Mr. Taylor. You don't have a defamation suit. However, you could (read should) check with your previous employer and ask if it would be accurate to state on future applications that you were simply let go due to their lack of continued need for your services, aka laid off. Fired has such a negative connotation and it may not be the case that you were really "fired." It can't hurt to ask them if they would object to such a characterization.

    1 person marked this answer as helpful

  3. Can we charge a driver for fuel for abandoning a load??

    Answered about 5 years ago.

    1. Daniel A Swedlow
    1 lawyer answer

    Nope nope and nope. You cannot deduct, withhold or in any other way not pay the full amount of wages owed. You can, however, and should, bring a separate cause of action against the previous employee. Bring it in small claims court. Chances are you could get a default judgment and then garnish his wages at his next job if he doesn't pay. Unfortunately, even if he blatently stole money from you, even if he did it right in front of your face openly, you couldn't withhold wages as a setoff....

    1 person marked this answer as helpful

  4. Can a employer forece you to work when you have a phobia

    Answered about 5 years ago.

    1. Daniel A Swedlow
    1 lawyer answer

    If the Astraphobia is a legitimate disability, and it could be, the employer would have a duty to engage in a conversation about reasonable accomadation. There may or may not be a reasonable accomadation available during a thunderstorm (i.e. working from home, working inside, taking unpaid leave, etc.) Noboday can force anyone to work - that is called slavery. At the same time, your employer is generally, although not always, free to fire you for any reason or no reason at all. When...

    1 person marked this answer as helpful

  5. Renters

    Answered about 6 years ago.

    1. Valerie Farris Oman
    2. Daniel A Swedlow
    3. Thuong-Tri Nguyen
    4. Alec Scott Rose
    4 lawyer answers

    I would like to add that realistically you are unlikely to recover enough from those renters to cover the attorneys' fees you are likely to incur suing them. Even if your lease allows you to recover attorneys' fees if you win, renters that trash a place when they leave are not usually the type of people that have enough assets to make it worth while to get a judgment against them. I would suggest that you keep their deposit, clean up the place and move on.

    1 person marked this answer as helpful

  6. My manager has devised a plan to use my FMLA hours as "behavioral" issues.

    Answered over 1 year ago.

    1. Alexander J. Higgins
    2. John Robert Bonin
    3. Daniel A Swedlow
    4. L. Maxwell Taylor
    5. Nancy Katherine Chinonis
    5 lawyer answers

    Given all the HR training and fear of employment lawsuits, it's rare these days that an employer is stupid enough to so blatantly violate the law. You seem to have one of those rare examples. I agree with the others that you should have a lawyer step in to the mix here. Alex Higgins is good and will give you good advice and a strong letter or email. I would take him up on the free consult. Good luck and don't put up with this any longer.

  7. Employment law: Laws in Washington St. regarding collecting commissions owed after being laidoff due to an RIF, no fault???

    Answered over 1 year ago.

    1. Daniel A Swedlow
    1 lawyer answer

    In order to properly evaluate your situation an attorney would need to review any governing documents such as commission agreements, the spreadsheets you reference (with employer edits) and any other correspondence between you and the employer regarding the layoff and those commissions. After seeing those documents, a lawyer would have a more informed answer for you about how to get paid here. My gut feeling though, based on the info provided, is that the employer probably will pay but just...

  8. 2 questions breaking down miles to hours per state and no taxes taken out and over 114hs with no overtime

    Answered over 1 year ago.

    1. Daniel A Swedlow
    1 lawyer 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.

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

    Answered over 1 year ago.

    1. Daniel A Swedlow
    2. L. Maxwell Taylor
    2 lawyer answers

    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/

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

    Answered almost 2 years ago.

    1. Robert Daniel Kelly
    2. Daniel A Swedlow
    2 lawyer answers

    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...