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Susan Lee Beecher

Susan Beecher’s Answers

209 total

  • Employer requiring employee to work beyond schedule.

    My friends husband works in facilities and is constantly told that he will be needed to work late, 4-7 hour beyond his 8 hr day. Last night he ended up working 24 hours and was expected back for next shift 2.5 hrs later. What are the laws in WA ...

    Susan’s Answer

    I'm assuming there is no collective bargaining agreement and that this is a private employer.

    The employer is required to give him a certain number of breaks, depending on how long he is working. But the only real protection is that the employer must pay him time-and-a-half for each hour over 40 he works in a week.

    Certain kinds of work (such as driving a truck or flying an airplane) also have rest requirements for the protection of the public.

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  • What can I do if the company that fired me is trying to avoid extending COBRA, unemployment, and back pay?

    The company I was recently fired from (mid July) is attempting to avoid paying out unemployment by now labeling my firing, per the unemployment department, as "misconduct". Additionally, I was informed by the company's HR department, due to "misc...

    Susan’s Answer

    I'm assuming this post goes with the other ones from Vashon, and so I will simply add to my earlier answer.

    Even if you were "fired", that does not necessarily mean there is misconduct. For example, if you were incompetent at your job (I'm not saying you were!), termination under those circumstances would be a "firing", but would not be for misconduct.

    If they are also playing fast and loose with your COBRA benefits, as well as with your unemployment benefits and commission, I think you definitely need an attorney.

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  • Fired from a commission based job, what payment guarantee is afforded me by the state?

    I was fired recently from my employer for what they are now labeling as "misconduct". This is an obvious attempt to avoid paying out unemployment, which I recently applied for (upon termination). My question mainly surrounds back pay. Since I w...

    Susan’s Answer

    The law also says they must pay you for all commissions you earned up until the date of your termination. If they do not, and you have to take legal action, they may have to pay you double damages plus attorney's fees. This is true even if Employment Security decides you were terminated for misconduct. If they refuse to pay you, a sternly worded letter from an attorney usually does the trick.

    I would also urge you to get legal help with your unemployment hearing, if your claim advances to that point. It all seems very informal, usually conducted by phone, but the hearing is your one chance to get testimony and evidence into the record, and an attorney can often make the difference as to whether your case gets properly presented.

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  • May a member of a corporation compel its board of directors to obey its own bylaws?

    May a member of a corporation compel its board of directors to obey its own bylaws?

    Susan’s Answer

    LLCs have members but corporations have shareholders, so your question is confusing. If you are a shareholder, the answer is yes, though how you would proceed to do so depends on the details of the case. If you are an employee of the corporation, there is little you can do.

    If you are a shareholder, I would urge you to speak with a business attorney with whom you would feel comfortable sharing the details of your case in order to know what your options are.

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  • Moved from out of state then laid off

    I relocated for this job. One week before the "big" move they told me they were cancelling the movers and going to let me go at the end of the month. When I first started they had given me $1k bonus for misc moving expenses outside of the "b...

    Susan’s Answer

    That depends upon the details, especially what sort of written communication and agreements you may have had with your employer about this move. Although you are likely an at-will employee, and so the company is free to lay you off, you also changed your position in reliance upon their offer to continue your employment here. I would argue that they have an obligation under good old fashioned contract law to put you in the same position you would have been if they merely laid you off in your home state; they should fly you home and move your stuff home.

    That said, I'm assuming you've asked them nicely and they've said "no". This means they probably won't do so absent legal pressure. It's irritating that they have moved you here and abandoned you, but you must look at this from a dollars-and-cents viewpoint. It will probably cost you more in legal bills to fight this than you would be able to claim, though you might be able to ask for attorney's fees if the claim is below a certain level. They may decide to fight your unemployment claim. And they may decide to give you a bad reference. You can also fight for the unemployment and you could bring a defamation claim about the reference, but I also know that future employers will be reluctant to hire someone who sued a former employer.

    So, short answer, I think you have a claim, but I also think that if you possibly can, you will do yourself a favor by getting the unemployment compensation, asking for a good recommendation (apply the guilt trip if you can, for a really good one) and moving on.

    Good luck.

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  • Am I eligible for unemployment benefits?

    Hi - I have a full-time job now and also I registered a LLC recently thinking that I will focus on software development as a side project. I didn't make any money so far and may make some in 2011. I am changing a job that is higher risk. If I get ...

    Susan’s Answer

    You may leave the LLC open and continue to work at it as a side business. If you get laid off from your new position, you will need to make a diligent, full time effort to get a new job, and you will need to let Employment Security know if you are earning any income in the side business.

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  • My employer is about to pull out of ADA accommodations with which they agreed more than six months ago and enacted. Can they?

    When I returned to work after a FMLA leave, the employer agreed with the accommodations set out by the occupational medicine physician who performed the Fitness for duty exam. They never fully met the accommodations, despite their agreement and ...

    Susan’s Answer

    The Washington Law Against Discrimination (our state level version of the anti-discrimination laws) is actually much more employee friendly than the ADA. I think under state law, you should be protected and they should not be able to do this. Details always make the difference, though, so I would encourage you to discuss the situation with an employment law attorney.

    Your can also go to the EEOC or the Washington Human Rights Commission, and they will look into your case for free. However, I have yet to meet an employee or former employee who was happy with their outcome through either of these agencies. I'm sure it happens, but I haven't seen it, and in Washington State, you have a private right of action under state law (unlike the situation in some states, you are not required to bring your complaint to these government agencies.)

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  • Does it matter how many roommates are living in my ex wife house and with all of them working would it change the child supp amt

    My ex wife has a 5 bedroom house and she has her friend and her friends boyfriend and their daughter; and my ex has her boyfriends sister there and every other weekend his 3 kids. Does it matter how many people are living with her and I was wonder...

    Susan’s Answer

    If she has additional income that she did not have at the time she prepared the CS worksheet (or that she did not declare at that time), this should affect the child support amount. This assumes that she is actually receiving rent from them, in one form or another. Child support orders may be reviewed once every two years, or after one year if there is a substantial change in circumstances.

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  • Do I need a Lawyer and What Kind of Lawyer to change the Parenting Plan? And what should I do about my present situation

    My ex and I were divorced October 27 2009 and there was a parenting plan set in place and I just signed it because I have been waiting for 2 years to get this divorce but now after the divorce I have been seeing what she is doing to me and my daug...

    Susan’s Answer

    I would respectfully disagree with much of what the New York attorney has advised you. Family law provisions vary dramatically from state to state.

    There are circumstances under which a parenting plan can be changed, but the fact that the first one was not what you would have wanted if you had read it won't work here.

    On the other hand, if she is denying you time with your daughter, even when the parenting plan grants it, you have options. She is in contempt of the parenting plan, which is a court order, and you can bring pressure to bear on her through the court system to comply with the plan. Ultimately, you can even have the plan changed on that basis.

    Whether she has roommates may or may not be relevant. Do these roommates have a negative impact on the best interests of your child?

    An attorney can give you more guidance in your particular case. The devil is always in the details. If you cannot afford to retain an attorney, consider "unbundled services". You represent yourself but the attorney provides guidance.

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  • Should I register or get a license from WA

    Hi I registered a LLC at Delaware, but I live in Washington State. I have a consulting project, the customer is a company registered oversea. I provide IT consulting service to them. I will work for them remotely. In that case should I get a li...

    Susan’s Answer

    I am assuming that even though you have a Delaware LLC, your principal place of business is here in Washington.

    Your should register with the Secretary of State in Washington as a foreign LLC. ("Foreign" because you have a Delaware LLC.)

    You will also need to file a Master Business License with the Dept of Licensing.

    You can take care of both of these things on line, and you do not need an attorney to do so. For the long term, though, an attorney could help you review the advantages and the pitfalls of being registered in Delaware, and make sure that is the right choice for you.

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