Pierce County Business and Employment Lawyers

No. Even though marijuana use is legal, employers are still entitled to have policies restricting drug use and requiring drug testing. If you have a policy to conduct drug tests, you need to make sure the policy is applied consistently to all employees. For example, if you require drug testing upon hire, make sure all employees are tested before they are hired. If you conduct random drug testing, make sure you have measures in place to ensure the testing is in fact random. If you conduct drug testing after an accident or incident at work, your policies should be clear as to what incident will result in a drug test. Your policies should also clearly state the discipline that will be imposed in the event of a positive drug test. Failure to apply the testing and discipline in a consistent manner could raise issues as to potential discrimination.

Yes, under certain circumstances. If the employee continues working after the cut in hours, he or she may qualify for partial unemployment benefits. The Employment Security Department will reduce the amount payable to the employee based on the amount the employee is still earning at work. The more the employee earns at work, the higher the reduction in unemployment benefits.

An eligible employer may participate in a program offered by the Washington Employment Security Department called Shared Work. The Shared Work program is available to provide an alternative to layoffs by allowing eligible employers to reduce the work hours of their full-time employees, while the workers collect partial unemployment benefits to replace a portion of their lost wages.

If the employee’s hours or pay is being cut by 25% or more, then the employee can voluntarily quit for that reason and he or she will still be entitled to unemployment benefits.

Not necessarily. You are only required to look for or accept “suitable work.” Work is not suitable if:

• It is not consistent with your training and experience. However, after a period of time, any job you are qualified to do may become “suitable.”
• The job requires you to join or leave a labor union.
• The location of the work is further away than the typical commuting distance in your area for people in your occupation.
• You are physically unable to perform the work or the work is unreasonably dangerous.
• The hours or working conditions of the job are less favorable than most other jobs in your occupation in your area.
• The wages offered for the job are lower than the typical wages for that occupation in your area.
• The work offends your religious or moral beliefs.

In general, no. However, there is an exception to this general rule if the employee quit for “good cause.” Good cause is limited to the following reasons:

• The employee took another job;
• The employee became sick or disabled, or a member of his or her family became sick, disabled, or died, AND it was necessary for the employee to quit as a result;
• The employee quit so he or she could move with a spouse whose job is outside the employee’s labor market area;
• The employee quit to protect him or herself of immediate family members from domestic violence or stalking;
• The employee’s usual pay or hours of work were decreased by 25% or more;
• The employer changed the job location so the employee’s commute is longer or harder than it was previously;
• The employee reported a safety problem to the employer and the employer did not quickly fix the problem;
• The employee reported an illegal activity to the employer and the employer did not quickly stop the activity;
• The employer changed the employee’s usual work and it now goes against the employee’s religious or moral beliefs;
• The employee entered an approved apprenticeship training;
• The employee started approved training under the Trade Act;
• The employee worked a full-time and part-time job at the same time, quit the part-time job and was then laid off from the full-time job.