Daniel A Swedlow’s Answers

Daniel A Swedlow

Employment / Labor Attorney.

Contributor Level 9
  1. Can my employer retract a job offer after I already started working in that position?

    Answered about 1 year ago.

    1. Daniel A Swedlow
    1 attorney 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.

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

    Answered over 3 years ago.

    1. Daniel A Swedlow
    1 attorney 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.

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

    Answered over 3 years ago.

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

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

    Answered over 3 years ago.

    1. Daniel A Swedlow
    1 attorney 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.

  5. Do the same laws apply for self employed people

    Answered almost 4 years ago.

    1. Daniel A Swedlow
    1 attorney 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...

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

    Answered almost 4 years ago.

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

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

  7. Rights of salaried employees and overtime in Washington state

    Answered almost 4 years ago.

    1. Daniel A Swedlow
    2. Michael J. Helfand
    2 attorney 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.

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

    Answered about 4 years ago.

    1. Daniel A Swedlow
    1 attorney 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...

  9. If I was terminated/suspended from my workplace for "holding a Union meeting" do I have to return if Union says so?

    Answered about 4 years ago.

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

    Nobody can force you to work anywhere. You are free to go.

  10. OPT and working more than 40 hours per week post degree completion.

    Answered about 4 years ago.

    1. Daniel A Swedlow
    1 attorney answer

    I think you need to provide a little more info. An OPT can mean "occupational physical therapist" and MA probably means "masters degree". If I got your anacronyms right, and you are an occupational physical therapist with a masters degree, you can work as many hours as you can stay awake. You may or may not be exempt from overtime requirements but that is a totally different analysis that would require more information about your job. When you asked what the government looks at to track...