Gainey Law, PLLC Seattle Employment Law Attorney

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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 Was...

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 betw...

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 ...

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 th...

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 y...