Daniel A Swedlow’s Answers

Daniel A Swedlow

Employment / Labor Attorney.

Contributor Level 9
  1. Is there a labor law that says how long a company has to investigate or find validity to hold one on suspension in Washington?

    Answered over 2 years ago.

    1. Alexander J. Higgins
    2. Daniel A Swedlow
    2 lawyer answers

    Your union rep should be able to resolve this for you and unless your contract provides otherwise, you will probably get most or all of your back pay. I would call the union rep and ask what the status of your case is. If the union rep bugs the employer, they will process your case faster than if you remain quiet. This is one of those "squeaky wheel gets the grease" situations. Your union and your employer are both probably busy with very full plates. Make sure your case stays on the front...

  2. Employement Contract and Employee Handbook Disclaimer Conflict

    Answered over 2 years ago.

    1. Daniel A Swedlow
    2. Darrel S Jackson
    3. Tyson B. Snow
    3 lawyer answers

    I would not sign the handbook without first crossing out and initialing the "at-will" language. I assume you are talking about contracts and handbooks for next year. I assume also that the employer is not going to give you a contract unless you sign the handbook first. It sounds to me like you need a union. The Washington Education Association represents public school teachers but not private school teachers. They may have some helpful information for you though and they do accept associate...

  3. Can my employer retract a job offer after I already started working in that position?

    Answered over 2 years ago.

    1. Daniel A Swedlow
    1 lawyer answer

    Many Washington State employees are unionized, even in supervisory positions, and if your position is union, you probably have certain rights worth exploring on this issue. Start with your business representative if you are in a union. If you are not represented, you are probably out of luck but the only way to know for sure is to check the terms of the original offer letter.

  4. Do I have to submit to pressure to sign a nondisclosure before getting final pay?

    Answered almost 5 years ago.

    1. Daniel A Swedlow
    1 lawyer answer

    A little more info is needed to determine what exactly you mean by "amicable settlement to a final pay concept and date" However, if you've worked for compensation that has not yet been paid, you do not need to sign anything (and should not) to get paid what you are owed.

  5. What questions should i ask when interviewing a new employment attorney for my company?

    Answered almost 5 years ago.

    1. Shawn B Alexander
    2. Daniel A Swedlow
    3. Matthew Ryan King
    3 lawyer answers

    The questions will differ somewhat depending on whether you plan to hire an in-house employment attorney (in other words, an employee of your company) or outside counsel. You have unlimited access to individual questions on employment law issues from an in-house attorney. If you are hiring outside counsel, you will need to establish up front an agreement regarding fees for quick questions. Anything requiring research or drafting will likely be billed hourly, although flat fees are possible....

  6. Who is liable for L and I claims if the company is an LLC

    Answered about 5 years ago.

    1. Daniel A Swedlow
    1 lawyer answer

    If it is a claim for unpaid wages, Washington law provides for personal liability from the owners of the company, regardless of the corporate structure. The simple answer to your question is that both the LLC and you personally could be liable. L&I wants the money for the workers and they don't care where it comes from. If the LLC is gone they will come after you.

  7. Do the same laws apply for self employed people

    Answered over 5 years ago.

    1. Daniel A Swedlow
    1 lawyer answer

    The law in Washington is that you are entitled to be paid for services you provided. It makes no difference whether you are an employee or an independant contractor. In either case you have two possible theories of recovery. One is a breach of contract claim. That one is rather straightforward. The other is a statutory claim for failure to pay wages. Inability to pay is no defense. If the employer fails to pay your wages when due, and it doesn't matter if you are in independant...

  8. The co. I work for has not placed retirement monies into my account as per our union contract. Can I take legal action?

    Answered over 5 years ago.

    1. Daniel A Swedlow
    2. Herbert J Tan
    2 lawyer answers

    yes you can. There are lawfirms that specialize in this type of work.

  9. Rights of salaried employees and overtime in Washington state

    Answered over 5 years ago.

    1. Daniel A Swedlow
    2. Michael J. Helfand
    2 lawyer answers

    The obligation to pay overtime is tied to what the employee is doing, not whether they are paid hourly or salaried. An office worker who was legitimately exempt from overtime laws, and not all are, could easily lose that exemption by being transferred to the warehouse. The employer would then have to pay overtime.

  10. Can a current employer discuss your criminal history with other employees.

    Answered over 5 years ago.

    1. Daniel A Swedlow
    1 lawyer answer

    Criminal history, especially convicion information, is public information and can be shared without restriction. See RCW 10.97 Medical history is a totally different reality and cannot be shared. Your best bet is to talk with your supervisor about your concern and ask that the discussions stop. You could address it up front so it loses some of the mystique that makes people want to talk about it. If it was a violent crime, depending on the type of employer, they might have a duty to...