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Daniel A Swedlow

Daniel Swedlow’s Answers

54 total


  • Do I need an employment attorney?

    A MRO recently ruled a "refusal to test". It was a split specimen, however there were multiple dot violations on the the part of the MRO and the testing facility. My union is fighting for my job. I still need to fight to keep my cdl. Is there a sp...

    Daniel’s Answer

    Your Union rep is your best resource on this. If you need an outside attorney to help, ask your rep (also called business agents sometimes) for a referral.

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  • Hi, I worked about 10 days just before Christmas at local business office in WA state. The owner refuses to pay me.

    When I had an interview with the owner of this company, he asked me what rate I charge hourly. In stead of answering straight back to him, I gave him an opportunity to set my rate since he needed an employee right away and he was desperately needi...

    Daniel’s Answer

    If you performed any work for him at all you are entitled to compensation for that work. The question is really just how much are you entitled to. At the very least you should get minimum wage for the hours you worked, but you are probably entitled to a lot more than that. If he refuses to pay you may be entitled to double damages and attorneys' fees. The law is very much on your side here. Contact a plaintiff employment lawyer and get your money.

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  • I lost a 100K+ job because the recruiting company has a totally unacceptable non-compete policy. Please help!

    The recruiter wanted me to sign a non-compete policy which would ruin me. I have lost my job and potentially they have destroyed my reputation with the hiring manager!

    Daniel’s Answer

    Lots of missing info in this question. Were you already employed when the employer tried to get you to sign a non-compete? Were you asked to sign this agreement with the employer or with a recruiting company? What exactly do you mean when you say you "lost" the job? Non-competes are enforceable but not always. You should probably consult with an attorney to get a better sense of what your options are, if any.

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

    I have chronic migraines. I am also a very hard worker and have a great work ethic. Despite missing anywhere from 2 to 7 days of work a month, all covered by FMLA, I never miss a deadline and am consistently one of the top performers in my workp...

    Daniel’s Answer

    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.

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  • I am planning to join my client company. I want to know if this is legally possible.

    - My employer has made me sign an agreement in the USA that i am not supposed to join clients - The client that i plan to join is in the same state that i currently reside in Feel free to ask me more questions.

    Daniel’s Answer

    Whether or not you can safely join that client depends on a lot of factors including when your employer made you sign that agreement, whether you received compensation for signing, the wording of the agreement itself and a variety of other issues. You can always join the client and hope for the best but if you want to avoid getting sued, or at least know what the risk is, you'll have to meet with an employment law attorney here in Washington, assuming you are in Seattle as the post suggests.

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  • Do you think I may qualify for unemployment in WA state?

    My employer recently informed me I was being replaced with someone they believed would be more fiscally responsible & better able to bring down costs. I technically did nothing wrong, but in their eyes I am not able to accomplish a major objec...

    Daniel’s Answer

    • Selected as best answer

    You will almost certainly qualify for unemployment benefits since you were not terminated for misconduct. Be honest when telling Employment Security about the reason for separation from employment

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  • Can my son be laid off from a union WA State iron worker job because he has been in an auto accident and cannot work right now?

    My son was in an auto accident and doctor said he can be on light duty. Employer states that they have no light duty, but the job will be ending in a couple of months anyway and would he liked to be laid off? Of course he doesn't want to be laid o...

    Daniel’s Answer

    He should start by contacting his union representative. Light duty is always an option but not all employers have available light duty and they don't need to create it. That said, they are required to discuss reasonable accommodation of any disability he may have from the accident. Light duty isn't the only form of accommodation. Layoff from a union position might not be a terrible choice as he will have recall rights. It is critical that he contact his union rep ASAP.

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  • Why is it so difficult to get a simple call-back from an attorney?

    I live in Seattle and have been on the search for a good employment attorney. I have an employment case and have contacted several attorney's but no one even calls back. I find it a very bizarre way to do business. Are they so busy that they don't...

    Daniel’s Answer

    You clearly are calling the wrong attorneys. If I was a betting man I'd say you'll get a call back the same day if you call one of the attorneys answering this question on Avvo right now.

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  • Is there a. minimum time to be paid when a employer schedules meetings..

    is there a minimum time a employer needs to pay you for when they schedule a meeting

    Daniel’s Answer

    Unless you have an employment contract or a collective bargaining agreement that covers call in or meeting pay and has some language that provides a minimum amount regardless of how long it actually takes (generally something like - you get called in and you're guaranteed 3 or 4 hours of pay at least), the employer needs to pay you only for time actually spent working. Mandatory meetings constitute work and the employer has to pay you for your time (not commuting time, just time spent at the mandatory meeting).

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