About Attorney Nicole Gainey

My photo
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 free consultation. Show all posts
Showing posts with label free consultation. Show all posts

Monday, July 27, 2020

As Washington State employers start to re-open and talks of re-opening schools take center stage many employees have questions.

As schools plan to open and teachers and other workers wonder what their rights are to Not return to work answers are not as clear as we would like. However, do not make any rash decisions. A lot can change in a few short weeks (isn't that the lesson of 2020?).

The non-profit legal aid Unemployment Law Project has been recording weekly FAQs. You can watch them all here: QUESTIONS? to find out about your rights as an employer or employee with regards to unemployment benefits. 

Monday, March 23, 2020

Update on evolving Unemployment benefits rules and procedures

These are just quick notes from a Webinar the Washington State unemployment (ESD) office put out today.
If you work or worked in Seattle, Bellevue, Redmond, Kent or anywhere in Washington State this information applies to you.

Current options for Unemployment benefits (ESD) during the Corona virus / Covid-19. Watch the recent webinar here (starts at 27 min. fast forward).

1. Standby
2. Partial Employment
3. Shared Work (no requirement to look for work ) “WAIVER OF WORK SEARCH”

Right now unemployment department is inundated with applications. Normal 3K last week 100K!!!!

So go online and apply when everyone else is sleeping.
File every week even if denied and keep filing. They can fix it retroactively.

Still requires a base year (first 4 quarters of the last five) of work to qualify - must have worked 680 hours.

You can combine claims with other states if you moved.

You can open a claim while still working full time. Why would you? To see what your benefit rate would be if you file now rather than later. Filing earlier helps if you know you are going to get cut back or laid off.
If you are Self-employed you should still apply. If your work is something you can do while also working full time at the same time you may still qualify. But you may have to deduct the self employed income  from benefits. May also depend if you were doing it before you separated from the Employer.
Are 1099 contractors eligible?
1099 contractors can be eligible if the Employer mis-categorized them as contractors(self-employed). Whether the employer had Direction and Control over the employees work are key to the determination. An employee (former employee) has to request a review of that 1099 (contractor) status..
If you are getting errors on the website – try logging on later in the evening.
Claim centers are opening earlier 7am – 6pm and will be open on Saturdays soon. Also implementing virtual hold to return calls. NO in person claims.
Call me if you need help working through this process. Contact info here www.gainey-law.com

Recently Posted Gainey Employment Attorney

Workplace Bullying Project

          I just had the pleasure of meeting with the Workplace Bullying Project's founder Lauri Lilli. What a breathe of fresh air for ...