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 Coronavirus. Show all posts
Showing posts with label Coronavirus. 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.

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.

Sunday, April 19, 2020

EEOC update regarding back to work issues

EEOC addresses back to work issues in recent COVID-19 update.
Law360 outlines a few of the issues:
One question covered what employers should do about potential harassment and discrimination once their workplaces reopen. The EEOC said that employers can remind its workers that bias won't be tolerated and advise management of its role in stopping and reporting harassment and discrimination.

In the new section on returning to work, the EEOC fielded inquiries about screening workers and providing accommodations for personal protective equipment. The agency said the ADA lets employers make inquiries and conduct medical exams if they're necessary for keeping out workers who have a medical condition that poses "a direct threat to health or safety."

But the agency also advised that employers should be careful not to "engage in unlawful disparate treatment based on protected characteristics in decisions related to screening and exclusion."

Additionally, while employers can require workers to wear personal protective equipment and engage in certain infection control practices like hand washing, they should be ready to discuss disability and religious accommodations, the EEOC said. 

--Editing by Orlando Lorenzo.

For more information visit the EEOC website: Here.

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