Case Briefs
Below are a few cases that have come in to the Fair Work Legal Clinic in the past couple of months. Names and other identifying information have been changed to protect the privacy of these workers.
Ivan and his family were new to the United States, having moved here from Argentina to pursue new opportunities in the food service industry. Back in Buenos Aires, he and his wife were accomplished gluten-free bakers and small business owners, and they were hoping to replicate that success here in the Pacific Northwest. To help make ends meet, Ivan went to work at a local South American restaurant. Despite consistently working 12-hour days, he never once received overtime pay. Eventually, he left to work in a different restaurant, without ever being paid for the overtime he was owed. After coming to Fair Work Center, Ivan worked with one of our law students in the legal clinic, who helped draft a demand letter for Ivan to send to his former employer. We then negotiated a settlement with the employer covering $5,000 in unpaid overtime to Ivan.
Jeffery is a maintenance worker who disclosed his HIV-positive status on a health insurance form he completed for his employer. His employer [who had no right to see Jeffrey’s confidential medical information] then ordered the Jeffery to take a leave of absence, saying he couldn’t come back to work until Jeffery provided a doctor’s statement releasing him to work and detailing his personal medical information. The anti-discrimination employment law protects people with HIV and other medical conditions from differential, negative treatment at work, so we sent the employer a letter alerting them to the legal implications of their current course. Thankfully, and because Jeffery wanted to continue working there, the employer withdrew its demand and paid Jeffery back wages for the time he was forced to stay home from work.
Lastly, we also recently settled a case in which we represented Sandra and Nate, two former employees of a local general contracting company. The general contractor had been stringing them along for months, promising to pay as soon as he could, while the workers continued to work full-time without getting a paycheck. All the while, the contractor was sending his kids to private school and taking a family vacation to Mexico. After a few months, the contractor abandoned the construction projects and laid off the entire staff. Sandra and Nate were referred to the legal clinic by the King County Bar Association, and once we took on their case we filed suit, which led to negotiating a settlement with the general contractor for $15,000 in compensation.