Washington Employment Contracts Legal Questions

Does your contract state that it will continue in force for a certain period of time?  Most employment agreements are at will.  In other words, employer and employee agree that employee will do the job and receive an agreed compensation, but either can terminate at any time, or upon a given period's notice.  Unless your agreement provides for a definite term, or limits your employer's right to terminate you, your employer can refuse to go forward under the same terms, just as you can refuse to go forward unless you are paid what you consider to be fair.  So your employer can't change the terms without your consent, but it can refuse to employ you unless you agree to the terms it proposes.... Read More

I assume that you have this question because pot has been legalized in Washington, but this makes no difference.  It's legal to drink scotch, but you could certainly fire someone for drinking it while on duty, especially if the employer had a no alcohol policy. Do you have a contract with this employee (could be a union contract, or implied from the terms of an employee handbook) which limits the reasons why they can be fired or requires that certain procedures be followed first?  Even then, you would be able to fire the person for using pot (unless the contract specifically said you couldn't, which is unlikely in the extreme), you just might have to go through some procedural hoops first. Absent such a contract, you can fire an employee for any reason not prohibited by statute, such as for his race, religion, gender, etc.  If you had discovered other employees, of a different race, smoking pot and had not fired them, the employee might have a colorable claim that he was being discriminated against unlawfully.  If the pot was being used medicinally, the employee might claim that he was being fired for a medical disability that didn't affect his job performance, but I don't think this argument will fly.... Read More

What does your contract with the temp agency provide?  What does your prospective employer's contract with the temp agency provide?  it is likely that one of the two, if not both, prohibits what you want to do, or requires you and/or your new employer to pay a finder's fee to the temp agency if it hires you directly.  If there is no such contractual restriction, and if you won't be using any trade secrets of the temp agency in your new employment, I don't see any legal restriction on it.... Read More

An employer who hires someone knowing that that person is subject to a VALID non-compete provision which bars him/her from taking the job is probably liable for tortious interference with the employee's employment contract with the prior employer.  There's a good chance that, ASSUMING THE NON-COMPETE IS VALID, your friend could face liability even though she won't technically be your employer.  HOWEVER, non-compete agreements are often held to be unenforceable unless they are necessary to protecf the employer's legitimate interests and narrowly tailored to be only as restrictive as necessary.  I am not familiar with Washington law in this area, but my gut and experience tell me that a six mile restriction on a hair dresser (for how long?) is likely not be enforced by a Court, at least not without being "blue pencilled", i.e. narrowed to be more reasonable (e.g. 1 mile for one year after termination of employment.)... Read More

I am not familiar with Washington law on this subject, but if it's anything like New York, withholding your paycheck would be a serious violation of the New York Labor Law, and I would definitely advise my client not to sign the release, and to sue the employer if it continued to withhold the check.... Read More

Is there any agreement (it could be oral) that says that your wife is entitled to a raise if she meets certain criteria?  Is your wife being denied a raise because of her age, gender, race, or because she belongs to some other statutorily protected class?  Nothing in your email indicates that any of these factors are present, in which case your wife can quit or threaten to quit, but I dont' see any other recourse.... Read More