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.

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.

Monday, September 16, 2019

Seattle Secure Scheduling Law Settlement $172,000


Office of Labor Standards Reaches its Largest Settlement under Secure Scheduling Law: Jack in the Box Franchises to Pay Over $172,000 to 569 Seattle Workers

Seattle, WA - (September 16, 2019)  - The Office of Labor Standards (OLS) announces its largest settlement under the Secure Scheduling Ordinance since the law took effect on July 1, 2017. The settlement agreement calls for a total financial remedy of $172,619.00 to be paid out to 569 affected employees of Pars Group, LLC and Northwest Food Management Group Inc, which operate nine “Jack in the Box” stores in Seattle. OLS alleged the employer failed to properly post employee work schedules fourteen days in advance of work shifts; in addition, it allegedly did not pay premium pay for late work schedule changes and for back-to-back closing/opening shifts, known as “clopening” shifts.
“Scheduling is very important to me. It’s difficult to juggle changing shifts. You have to separate your personal time from your work schedule and how are you going to do that with a new schedule every week?” said Edward Richard, former employee.
“Seattle fast food workers were at the forefront of movement for better pay and standards, now they're at the forefront of enforcing those standards, too. By standing together and working with the Office of Labor Standards, these workers held their employers accountable to the high road standards we’ve set as a city,” said Rachel Lauter, Executive Director of Working Washington & Fair Work Center. “We thank OLS for their commitment to enforcing Seattle’s labor and employment laws, and their leadership in ensuring workers have predictable, flexible, and secure schedules—something we hope all workers in Washington will soon benefit from.”
The Secure Scheduling law applies to retail and food services establishments with more than 500 employees worldwide, and full-service restaurants with more than 500 employees and more than 40 full-service restaurant locations worldwide. Please visit the OLS website to learn more about the Secure Scheduling ordinance.
To file a complaint or for questions, workers can contact OLS anonymously at workers.laborstandards@seattle.gov or call 206-256-5297. Employers seeking assistance or in need of information about how to comply can contact OLS at 206-256-5297 or email us at business.laborstandards@seattle.gov. OLS is here to help!


Wednesday, July 10, 2019

Get it?! Sexual Harassment is exploitation of power - not flirting.

Why I did not Report Sexual Harassment #whyididntreport #metoo

Bill Radke talks about #metoo with local attorney Rebecca Roe and MaryEllen Stone from Seattle Sexual Assault Resource Center.

"If you are going into sexual assault investigation doubting victims, you are in the wrong line of work." Rebecca Roe.

Oregon takes a look back at #metoo

Friday Forum: Power and Silence: How #MeToo Is Changing the American Workplaceace

Oregon Bar reflects on its #metoo problem. Kudos Oregon - Et tu Washington?

If you can't see the video above, Click here for the Oregon Bar's #metoo video

The Oregon State Bar sent an anonymous survey to its members. This video reflects the responses they received. It has not been widely viewed - please watch it, share it, repost it. If you are a Washington State Attorney I invite you to share it with leadership at WSBA, WSAJ, KCBA, TPCBA, etc., so that we can finally address our own #metoo issues.

Saturday, December 15, 2018

CBS sexual harassment news.

IMHO, we are likely to hear more from this still employed actor who seems to have no idea what is right and what is wrong. Weatherly told the Associated Press.   "Not to get into any of the ifs, ands or buts about what is right or wrong and where it comes from."  "Professionally I owe a great part of my career to the decision-making of the higher-ups at the company. It's a complicated place to be." What? Read more.

Friday, September 7, 2018

In case you missed it

 In case you missed a few, here is the sexual harassment / sexual assault list of shame recap published by the Seattle Times (read article).

Many high-profile men in Hollywood, politics, media and business have recently faced allegations ranging from sexual misconduct to rape. A look at some of the men accused:

Tom Ashbrook, longtime NPR host — Accused by 11 mostly young women and men of unwanted hugs, necks and back rubs and “creepy” sex talks. He was put on leave from his show “On Point.
Celebrity chef Mario Batali — Accused by four women of groping and grabbing employees and others. He apologized, gave up oversight of his restaurant empire and took leave from his ABC cooking show, “The Chew.”
Eddie Berganza, group editor of DC Comics — Accused of forcibly kissing and groping three women. He was fired.
Celebrity chef John Besh — Accused by 25 women of sexual harassment. He has stepped down from the company he founded.

Friday, August 10, 2018

Just Don't Do it: Nike sued for pervasive corporate wide sex discrimination including sexual harassment

Don't Do it - Read More."Women came into the company paid less than men, then they are ranked more harshly and, as a result, got smaller raises and bonuses. I think Nike wants to say that 'Just a couple people were responsible for the problem and we've gotten rid of them.' But we know that's certainly not the case."


Sunday, May 13, 2018

How do I know if I can trust my Attorney?

You don't. Like all relationships you should take the decision to hire an attorney seriously and do your due diligence before jumping in to what may prove to be a very long term relationship.

As a guideline this is the oath Washington Attorneys are bound by. If your attorney seems to be playing fast and lose with these rules from the get go find another attorney.

Washington State Oath of Attorney

I do solemnly declare:

1. I am fully subject to the laws of the State of Washington and the laws of the United States and will abide by the same.

2. I will support the constitution of the State of Washington and the constitution of the United States.

3. I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington.

4. I will maintain the respect due to the courts of justice and judicial officers.

5. I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense except as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a public offense. I will employ for the purpose of maintaining the causes confided to me only those means consistent with truth and honor. I will never seek to mislead the judge or jury by any artifice or false statement.

6. I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with the business of my client unless this compensation is from or with the knowledge and approval of the client or with the approval of the court.

7. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged.

8. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person.
Attorneys also answer to their state board and the Supreme court of the State. In Washington the Washington State Bar Associate. They are bound by a Professional Code of Conduct. These rules can be found here in their entirety. https://www.law.cornell.edu/ethics/wa/code/WA_CODE.HTM    (if the link isn't active, please cut and paste into a new browser window.)


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 ...