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Daniel A Swedlow

Daniel Swedlow’s Answers

54 total


  • Would I have a case? Union member let go because of a misunderstood comment.

    I am a driver at a rehabilitation hospital and a patient offered me $100.00 dollars to take her hpome. I jokingly replied "OMG 100 dollars that's alot of money, i'll take you tomorrow." there were witnesses , pepole laughed and some asked me to ta...

    Daniel’s Answer

    talk to your Union rep first

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

    I was recently terminted from my workplace for "holding a meeting". then the discipline was changed according to my Union to suspension. I was walked out and do not want to return because I have been harassed & retaliated against for previouly win...

    Daniel’s Answer

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

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

    My question is in regards to weekly limits I can work. I have graduated, am on an OPT, with a job that allows me to work more than 40 hours a week if we get busy. I have been quite careful not to go over 40 hours a week but this leads me to my que...

    Daniel’s 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 this stuff, it made me suspect your anacronyms might have some immigration relevance, otherwise the government wouldn't care to track anything. If you are dealing with immigration or work visa issues, I need more info on that to really answer your question.

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  • Employer sharing personal medical information with coworkers

    I suffered an injury - not job related to my knowledge - and saw a doctor who told me I would be unable to work for approximately a week - mostly due to medications I would need to take to reduce pain. I relayed this information to my supervisor s...

    Daniel’s Answer

    certain medical information is treated as highly confidential. This does not really sound like it falls under that catagory. (Generally limited to HIV related info). If your supervisor was cc'ing other employees who needed to know, such as his manager and some sort of attendance tracking assistant, there may be a legitimate reason to share that information. Sharing medical information with a larger group might be more problematic, especially if there was no reason to do so. You should not be afraid of retaliation for contacting HR. That is their job. Retaliation is illegal. You may not have a case right now but you certainly might if you were retaliated against. Talk to HR.

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

    I was layed off about six month's ago and had to sign a non-compete clause stating that I couldn't work for another background screening agency in the state of washington for 1 year. I've heard that washington's law for non complete clauses can o...

    Daniel’s Answer

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

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

    Can my employer terminate me without just cause?

    Daniel’s Answer

    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 generally an "at will" state, that term is not as iron clad as it appears at first glance.

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  • Landlord failure to deliver possession

    Under possession my the lease agreement it states: "If the owner is unable to deliver possession of the premises at the commencement hereof, owner shall not be liable for any damages or delays caused thereby, nor shall this agreement be void or vo...

    Daniel’s Answer

    It's difficult to say for sure without reading the rest of the lease but my initial thought is that you should be entitled to a refund of your deposit if you do not get access to the apartment within 30 days of the beginning of the lease. If you do get access after the beginning of the lease term but prior to that 30 day termination period, you should be able to withhold an amount of the following month's rent proportional to the number of days you were denied access at the beginning of the lease period.

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  • Height of hedges

    I live in Bellevue, WA.98005. Neighbor' hedges have grown too tall to block the view. Is there any way to cut it down to "normal" height ? Andy

    Daniel’s Answer

    Your best bet is to ask your neighbor nicely.
    There are almost never legally protected views, especially views blocked by trees.
    If the hedges are so tall that they present a hazard to power lines or nearby property, you may have a case for shortening them. Highly unlikely.

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  • Condo with mold and backed up sewage.

    On 03/03/2008, my wife and I purchased a condo. Before purchasing the unit, we rented it on a lease to own agreement. After occupying the place for about 2 months, we noticed and smelled mold growing in the master bedroom walls and carpet. Having ...

    Daniel’s Answer

    I would also highly recommend that you consult with a law firm that does condominium defect work on behalf of homeowners. Depending on the age of your condominium, your association may have claims worth pursuing on behalf of all unit owners. I would be happy to recommend a few firms.

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  • Foreclosure

    How long does foreclosure effect my credit?

    Daniel’s Answer

    Potentially forever, or at least 7 years.
    Avoid if at all possible.

    See http://www.afscanhelp.com/blog/2007/4/how-does-foreclosure-affect-your.cfm

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