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Employment Advisory 

Employment Law Observations for Employers and Employees in Washington State
Post Frequency: 2.3/day Last Entry: March 13, 2011 at 21:01:00 Recent Entries: 121
Go to Employment Advisory, find other Labor & Employment Law blogs, or browse all law blogs.
Wednesday?s ExcuseThis is an excuse
Posted on April 30, 2008Wednesday?s ExcuseThis is an excuse that will only work in the rainy Pacific Northwest:?Dude, it?s sunny outside and I?m Vitamin D deficient!?
USERRA Claimant does not have to
Posted on April 30, 2008USERRA Claimant does not have to pay filing fee.In most instances, individuals, that want to have their case decided by the court, are required to pay a filing fee at the time they file their lawsuit. Robert Davis brought a lawsuit against his employer, Advocate Health Center, for a violation of USERRA (Uniformed Services Employment and Reemployment Rights Act)...
Gas Up + Economy Down = Dissatisfied
Posted on April 29, 2008Gas Up + Economy Down = Dissatisfied EmployeesRecently, I had the distinct pleasure of gassing up for the bargain price of $3.93 a gallon. As I was getting ready to leave, I was approached by a young man that just paid a whopping $137 to fill up his diesel pickup truck...
Wednesday's ExcuseCan't make it
Posted on April 24, 2008Wednesday's ExcuseCan't make it in. I have a chance of filling in for someone on jury duty.
After speaking at two seminars
Posted on April 24, 2008After speaking at two seminars this week, I decided that I wanted to republish a post that I made about a year ago. Back then it was called Top 10 Handbook Mistakes. In the past year, I have reflected on this issue and added some additional mistakes and retitled it Top 10 Handbook Mistakes Plus 3...
Dentist gets hit for doing more
Posted on April 19, 2008Dentist gets hit for doing more that just flossingWhile enrolled in the Bryman College dental assistant program, Candace Wahl was placed in an unpaid externship at Dash Point Family Dental Clinic. The clinic was co-owned and operated by Dr. Don S. Moore...
CorrectionMany thanks to one of
Posted on April 11, 2008CorrectionMany thanks to one of our readers who emailed me today to advise of an error in my post of April 9, 2008 @ 12:52 am. In that post, I stated that, the change in Washington law that allows leave for the spouse of an individual to be deployed or who is on leave from military deployment, goes into effect on July 12, 2008...
Wednesday's Excuse
Posted on April 09, 2008Wednesday's Excuse I won't be in to work today. My brain is full.
Employer Alert: New Washington
Posted on April 09, 2008Employer Alert: New Washington Leave LawsThe Washington legislature has passed two new laws that impact the workplace. These laws apply to all employers in our State, regardless of size. The first allows leave for victims of domestic violence and their families...
EEOC holds Sunbelt Rentals Accountable
Posted on April 05, 2008EEOC holds Sunbelt Rentals Accountable Clinton Ingram served our country in the United States Army. While in the Army, Ingram converted to Islam. After getting out of the military, he went to work for Sunbelt Rentals in Gaithersburg, Maryland. He started in October 2001, a month after the September 11th attacks...
Wednesday's ExcuseThis excuse falls
Posted on April 02, 2008Wednesday's ExcuseThis excuse falls under the category of "if you don't have a good excuse, at least make your boss think you are being considerate.""Work???...I didn't want to be late AGAIN....so I decided to call in sick!!!"Nothing in this Blog should be considered legal advice or to form an attorney client relationship...
More Biometrics in the WorkplaceTechnology
Posted on March 28, 2008More Biometrics in the WorkplaceTechnology has radically changed our perceptions of privacy. This change is evident with the manner we see Gen-Xers and Millenials treat their personal information on MySpace and Facebook. That same level of comfort with technology and openness with private information has entered the workplace...
AT&T CEO CAN?T FIND QUALIFIED
Posted on March 28, 2008AT&T CEO CAN?T FIND QUALIFIED PEOPLE AT&T CEO Randall Stephenson is reported to be complaining about his company?s alleged inability to find qualified people to handle 5000 customer service positions being returned to the United States that were outsourced to India...
Ohio Court rules private sex video
Posted on March 26, 2008Ohio Court rules private sex video not admissible Kristina Conti, Emily Dutton and Shawna Smith worked for Spitzer Auto World. These employees alleged they were subjected to sexual harassment on nearly a daily basis. Ms. Conti alleged that two sales managers routinely viewed pornography on work computers and forced her to view pornography on a number of occasions that included acts of intercourse between men and women and women and women...
Wednesday?s ExcuseI can't come
Posted on March 26, 2008Wednesday?s ExcuseI can't come into work today...my spirit guide says work is for losers!Nothing in this Blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal problem.
Wednesday?s Excuse My dog ate
Posted on March 20, 2008Wednesday?s Excuse My dog ate my car keys and we?re taking the bus to the veterinarian?s office. Nothing in this Blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal problem...
March Madness and Your BusinessAccording
Posted on March 20, 2008March Madness and Your BusinessAccording to the outplacement firm, Challenger, Gray and Christmas, during the next few weeks of March Madness, employers could see $1.7 billion in lost productivity. This productivity loss extends to employee participation in office pools, to employees that will spend up to 30 minutes of work time completing sports brackets to employees using work time to watch streaming video of games while using up their employer?s bandwidth...
Wednesday's ExcuseAs I was looking
Posted on March 13, 2008Wednesday's ExcuseAs I was looking for a good Wednesday?s Excuse, I came across a web site that I have to admit takes the cake. The website, www.myexcusedabsence.com , purports to provide employees with ?absence notes for every occasion.? As near as I can tell this company sells templates for employees to use in creating a fake doctor?s note, emergency room visit note, and, believe it or not, a funeral service absence note which includes a template for an entire funeral service...
New Washington State Workplace
Posted on March 12, 2008New Washington State Workplace PostersThe State of Washington, Department of Labor and Industries recently announced the availability of the new ?Your Rights? posters that must be posted in the workplace. The new posters contain updated information for workers related to their rights under the Family Care Act and Family Leave Act...
Wednesday?s Excuse It?s really
Posted on March 04, 2008Wednesday?s Excuse It?s really not that hard to come up with an acceptable reason to miss work. You don?t have to go to extremes. Take the example of the man in Pasco, Washington who decided he didn?t want to go to work because of possible drug testing...
Waterboarding at Work???According
Posted on March 03, 2008Waterboarding at Work???According to an article in The Salt Lake Tribune , an employee has sued their employer alleging the employer used several unconventional motivational techniques. The employee alleges that his former employer allowed a supervisor to draw mustaches on employee's faces, take away their chairs and beat on their desks with wooden paddles because it "resulted in increased revenues for the company...
Thursdays Excuse for Wednesday's
Posted on February 27, 2008Thursdays Excuse for Wednesday's ExcuseI wish I could tell you that I never forget, but I was preparing for a speaking engagement at a seminar, entitled Employment Law from A to Z, and "I forgot" until I was listening to one of the speakers that preceded me who was speaking about individuals who abuse leave time...
It's not always what it seems....
Posted on February 20, 2008It's not always what it seems.... Consider the following: 1. You receive an email accusing a male employee of a sexual relationship with a female co-worker. 2. Next you receive a package, bearing the return address of the female co-worker, that contains what are purported to be nude photographs of the male employee with his face obscured...
Wednesday?s Excuse?I was upset
Posted on February 20, 2008Wednesday?s Excuse?I was upset because my favorite American Idol contestant was voted off.?
Wednesday's Excuse"Got something
Posted on February 13, 2008Wednesday's Excuse"Got something going on tonight and I quit. Next week, I will go apply at Pizza Hut. Hey, can I keep the hat?"
Wednesday's Excuse Employee:
Posted on February 05, 2008Wednesday's Excuse Employee: I don't have a ride into work. Employer: You live 2 blocks away. Employee: Yeah, but it is supposed to rain tonight. Employer: I will drive you back home. Employee: That's OK...
The ?Windermere Way? is not the
Posted on February 01, 2008The ?Windermere Way? is not the Court?s Way Windermere, a large real estate company, was sued by one of its employees for commissions due. As part of the employment agreement with Windermere, the employee had to agree to arbitrate disputes rather than going to court...
Wednesday?s ExcuseThis week we
Posted on January 30, 2008Wednesday?s ExcuseThis week we have two excuses that appear to have been given by people that were related:?I dreamed I was fired, so I didn?t get out of bed.??I went all the way to the office and realized I was still in my pajamas and had to go home and change...
FMLA UPDATE President Bush just
Posted on January 30, 2008FMLA UPDATE President Bush just signed into law amendments to the Family Medical Leave Act (FMLA). Under these amendments, an employee can take up to 12 weeks off for a ?qualifying exigency? arising out of a family member?s active military duty or call to active military duty...
Wednesday's ExcuseIt was a really
Posted on January 22, 2008Wednesday's ExcuseIt was a really hot day, causing the molecules on the surface of the road to expand, with a significant resultant increase in the distance between my home and work.Obviously, science was an area of expertise to the this employee.
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Employment Contracts
General Contract Law Principles
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...

Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...








