About Attorney Nicole Gainey

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Seattle, WA, United States
Seattle Attorney, Nicole Gainey, founder of Gainey Law PLLC, represents Washington State employees who have been sexually harassed, discriminated against and wrongfully terminated in legal disputes against their employers. To date, she was litigated against employers large and small seeking justice for her clients.
Showing posts with label Corona virus. Show all posts
Showing posts with label Corona virus. Show all posts

Tuesday, July 28, 2020

Covid-19 Resources for non-profits and small employers available

Communities Rise provides Free legal resources for non-profit organizations and small businesses with fewer than 50 employers and 2-million in yearly revenue. To find out more go here.

Friday, May 22, 2020

My Workplace is unsafe. Can I refuse to go to work?

Whether your safety concerns arise out of the Coronavirus / Covid-19 pandemic or other safety violations at work, you need to proceed with caution both to protect your health and safety but also your continued employment.

FEDERAL WORKERS:
The Department of Occupational Safety and Health advice:

If my workplace is unsafe, what can I do?
If you believe working conditions are unsafe or unhealthful, we recommend that you bring the conditions to your employer's attention. At any time, a worker may file a complaint with OSHA to report a hazardous working condition and request an inspection. If the condition clearly presents a risk of death or serious physical harm and there is not enough time for OSHA to inspect, the worker may have a legal right to refuse to work. File a complaint here.
More Information OSHA File a Complaint. OSHA COVID-19 Guidelines

Washington Workers:

Contact the Department of Labor and Industry for information about Washington State Worker's rights or to file a complaint for unpaid wages or safety violations: LNI Complaints.


Washington Patients:

Concerned about a Medical Facility or Provider? File a complaint with the Department of Health.

Friday, May 15, 2020

I'm afraid to go back to work because I fear exposure to Covid-19? Can I lose my job if I refuse?

As the State of Washington considers opening businesses in a phased opening, many employees are concerned about their safety. Some will undoubtedly refuse to go back in asking for accommodation - greater safety measures or requesting to continue to work from home. What are an employee's rights? What can a employer demand? Well it depends.


Employees should understand that if they have a disability they should ask for accomadation, however the legal  ADA PRECEDENT states that an EMPLOYEE IS NOT ENTITLED TO THE ACCOMMODATION OF HIS/HER CHOICE; ONLY TO A REASONABLE ACCOMMODATION

Examples of reasonable accommodations may look like:

Additional or enhanced protective gowns, masks, gloves, or other gear beyond what the employer may generally provide to employees returning to its workplace.
Additional or enhanced protective measures, for example, erecting a barrier that provides separation between an employee with a disability and coworkers/the public or increasing the space between an employee with a disability and others.
Elimination or substitution of particular “marginal” functions (whether on an alternative or temporary basis).

For example, a worker doesn't want to go to work and risk accommodation b/c my souse is a cancer survivor and infection could kill them. Normally the employer would have no requirement to accommodate that employee. However, employers should be careful there is case law supporting disability by association. Same as if a employee's souse is a nurse or doctor and other workers are afraid of exposure through that employer. to be continued....

Employers can get more legal information from https://www.cozen.com/coronavirus-updates 

Monday, May 4, 2020

Unemployment Law Project may have the answers you need regarding Washington State's unemployment benefits coverage in the age of Covid-19

Here are there top questions of the week:


My job is considered essential, but I have some health issues that put me at risk. Do I have to keep working?


No. Even if your work is considered essential, you should not put yourself at risk. It’s preferable to stay attached to your employer if possible. Let your employer know that you cannot return until it is safe. Under new rules, you can qualify for unemployment benefits if you are at high risk and are staying home based on medical advice about the dangers related to that risk. File for unemployment and notify your employer when you can return.*
Gainey Law Note: However, the risk must be to you personally the analysis may be different if the at risk person is a family member. 


My employer has reduced my hours. Do I have to quit to get unemployment?


You can apply for benefits and keep working if you were hired to work full time and have your hours temporarily reduced by less than 60 percent. Report the income earned each week you claim and your benefit amount will be adjusted.*
Gainey Law Note: Please do not quit your job without consulting an attorney as you may forfeit, or make it more difficult to obtain, your ESD benefits. 
 

I started on unemployment several weeks before the COVID-19 crisis. My benefits are about to run out. What should I do?


Under new rules, between March 29 and December 26, 2020, you can receive up to 13 weeks of benefits in addition to the regular 26 weeks.*
* These answers are not intended to be legal advice. For free telephonic legal advice, please contact us at (206) 441-9178 or toll free at 1(888) 441-9178.

Thursday, March 26, 2020

Resources for the financially vulnerable

Hi folks,

I hope this finds you healthy and calm and safe (if bored) in your homes. I can't help you find that last pack of toilet paper, but I know there are some other concerns brewing out there and I might be able to help.

A lot of people are being laid off or otherwise losing their jobs. Employers are making tough decisions. Whether you are an employer or an employee here are some resources to help you get through this.

Employees / Formerly employed / Job Searchers:

Wondering if your Employer can Take my Temperature at work? Yes they Can.

Were your Unemployment Benefits Denied? Do you Need help? Contact the Unemployment Law Project for free legal help with your Appeal.

Want to Know More about Your Employment Rights? Fair Work Washington

And Labor and Industry Department answers about Corona Virus.

EEOC discusses Delayed hiring dates, Health screenings and Questions by Employers. EEOC Covid-19

Employers:

Society of Human Resources Management

Weathering the Covid19 Coronoa Virus: Furloughs Layoffs or Pay cuts?

New Rules for Employers Require Paid Leave Under Coronavirus Relief Law

Is yours and Essential Business? is my supply train safe? Check LNI for information.


Tuesday, March 17, 2020

Can I be fired because I asked to Work from Home during the Corona virus (Covid-19) outbreak? (Answers and Resources)

Concerns mount about coronavirus spreading in hospitals, study suggests


As the Covid-19 corona virus virus continues to effect the Seattle area, King County and our entire region in dramatic ways, my law firm is beginning to get the first calls from people who have been fired or otherwise separated from their jobs because of the virus. It is often unclear if you have any legal protections or remedies in these situations without discussing what happened in detail with an attorney. So, the information here is not provided as legal advice, if you wish to find out more about your potential legal claims go here to share what has happened to you. We will get back to you as soon as we can.

In the meantime,  I've put together a list to help employees connect with resources they may need right away.

If you live in Seattle or Washington, or work for a Washington Company, and you or a family member is sick requiring you to stay home to care for yourself or that family member you may qualify for paid sick leave. See: Full Pamphlet PFSL. 

If you have been fired or laid off from your job (Do Not Quit - but see above) you may qualify for unemployment benefits. See: ESD benefits.

If you develop a disorder related to the epidemic, such as an anxiety disorder, that requires accommodation by your employer (work from home?) you may have the right to negotiate for that accommodation, and doing so may protect your job. In the coming days working from home may be required by law. See: The Law. 

If you contract the virus at or through your workplace, your medical care may be handled through a claim with Labor and Industry: See: Labor and Industry Claims: Coronavirus 

For Businesses:

What can Employers do to mitigate the loss to their businesses and to their employees? First abide by all government safety recommendations. Safety first. There are programs in place to help with the economic toll. Apply for them now even if you aren't sure you will need them. For example, if you need to cut your employees hours they may be eligible for a special program to make up the lost wages. See: Apply for ShareWork Program.   

For Employees:

Unemployment Benefits FAQ:


Q.  The school I work at is closed due to the Governor’s order to close. Am I eligible for unemployment benefits?

A.
  If you are being paid by the school while your school is closed, you can apply for benefits, but you may be considered fully employed and not eligible. If your school is not paying you while it is closed, you may be eligible for benefits. You will have to be able, available and actively seeking work during each week you claim, unless you are approved for standby. Eligibility decisions are made on a case-by-case basis.
Q.  My child’s school is closed due to the Governor’s order to close. Am I eligible for unemployment benefits?

A.  It depends. If you cannot go to work because you don’t have childcare for your child while school is closed, you should call your employer and let them know why you are absent. If your employer fires you or lays you off while you are absent, you may qualify for benefits.  However, you are required to be able, available and actively seeking work each week you collect unemployment benefits. If you do not have childcare so that you can return to your job or accept a work offer, you will not be eligible for unemployment benefits. If your situation changes, let us know. Remember, your first and best option should always be employer-paid time off.
Q.  I am a substitute teacher who is no longer able to secure work with a school because of the closures. Am I eligible for unemployment benefits?

A.  You may be eligible for unemployment. You will have to be able, available and actively seeking other suitable work during each week you claim. Eligibility decisions are made on a case-by-case basis.

General (non-legal) FAQ:

Q: How long can CoVid-19 survive (remain viable and infectious) on surfaces?

A:  Human coronaviruses, such as SARS and MERS, have been found to persist on inanimate surfaces -- including metal, glass or plastic surfaces -- for as long as nine days if that surface had not been disinfected, according to research published earlier this month in The Journal of Hospital Infection. [But remember the highest number of transmissions occur by breathing in droplets in the air that contain the virus such when someone nearby coughs or sneezes. So besides cleaning surfaces - social distancing remains an important prophylactic to catching the virus.]

Cleaning with common household products can make a difference, according to the research, which also found that human coronaviruses "can be efficiently inactivated by surface disinfection procedures with 62-71% ethanol, 0.5% hydrogen peroxide or 0.1% sodium hypochlorite" or bleach within one minute.
"Based on the current available data, I would primarily rely on the data from SARS coronavirus, which is the closest relative to the novel coronavirus -- with 80% sequence similarity -- among the coronaviruses tested. For SARS coronavirus, the range of persistence on surfaces was less than five minutes to nine days," said Dr. Charles Chiu, an infectious disease professor at the University of California, San Francisco, and director of the USCF-Abbott Viral Diagnostics and Discovery Center, who was not involved in the new study.
"However, it is very difficult to extrapolate these findings to the novel coronavirus due to the different strains, viral titers and environmental conditions that were tested in the various studies and the lack of data on the novel coronavirus itself," he said. "More research using cultures of the novel coronavirus are needed to establish the duration that it can survive on surfaces."
Q. Should I avoid contact with Pets, If I am sick?
A.  You should restrict contact with pets and other animals while you are sick with COVID-19, just like you would around other people. Although there have not been reports of pets or other animals becoming sick with COVID-19, it is still recommended that people sick with COVID-19 limit contact with animals until more information is known about the virus. When possible, have another member of your household care for your animals while you are sick. If you are sick with COVID-19, avoid contact with your pet, including petting, snuggling, being kissed or licked, and sharing food. If you must care for your pet or be around animals while you are sick, wash your hands before and after you interact with pets and wear a facemask.

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