Employment Law Blog

Job Openings Via Twitter

Things got busy in the office last week, so I didn't have time to post these on the day I "re-tweeted" these on Twitter.  Here are some openings from last week:

• King County Library openings by way of  JobbieJobs
• Whatcom County Library by way of   JobbieJobs
• Sno-Isle Regional Library - various positions by way of  JobbieJobs
• "Know a software developer who would like to work at IMDb? Positions in Seattle, Los Angeles & Bristol UK" by way of imdb

The more I look into this, the more I see that Twitter is a rich resource for job hunters.  You've got to invest some time to learn the culture and where to look, but there are LOTS of good leads out there!

Job Openings By Way of Twitter

I'm going to start a new feature here - relaying job openings or job hunting tools I hear about by way of folks I follow on Twitter.  I can't say I have investigated all leads, but I will relay those from folks I have come to know on Twitter and have reason to believe they are valid.  In Twitter-speak, these are "tweets" that I have already "re-tweeted" (or "RT"), but I know I have plenty of readers who are not on Twitter so I'm passing along this info for you.

Jobs/Job Hunting Resources I re-tweeted today, June 1, 2009:

Jobs at Onlineshoes.com (by way of JobbieJobs )

Job search engine for Twitter (by way of BostonRecruiter ) [this is a very cool search engine!]

The EEOC is hiring nationwide (by way of  Undercover_Lawr)

Please comment below to let me know if you find these helpful or not, and what else you might like to see.  

Oh, and if you'd like to follow me on Twitter, I am at www.Twitter.com/djillpugh

How to Take Action Against SSB 5963 (changing unemp eligibility)

Andrea asked a good question in response to my post against SSB 5963, the bill presently before Washington's House of Representatives:  What can we do to let the legislature know that as citizens, we don't want them to pass this bill?

First, check here to see if your representative is on the Commerce & Labor Committee (where the bill has been assigned).  (Don't know who your representative is? check here )  Whether they are on the Committee or not, you can send them an email, write them a letter or give their office a call and tell them you are against the portion of SSB that changes the definition of "voluntary quit."

If you take action, please leave me a comment I would love to know!

Bad Bill Attempts to Overturn Recent WA Supreme Court Decision Regarding Unemployment Benefits

[This is a long post, for those who want to cut to the chase:  The House Committee on Commerce and Labor is currently scheduled to hold a public hearing on this Bill (SSB 5963) this Wednesday, March 18 at 1:30 p.m. Check to see if your representative is on this committee here]

Washington’s House of Representatives is set to review a bill that will overturn an important recent Washington Supreme Court case that made it clear the Commissioner of the Employment Security Department still has the discretion to determine whether or not an individual voluntarily left their employment for good cause and should receive benefits, even if they left for a reason not specifically listed in the statute regarding “good cause”. RCW 50.20.050.

A bit of background - As part of an attempt to woo Boeing to keep its headquarters in Washington, the legislature hastily revised Chapter 50 RCW, the law regarding unemployment compensation benefits.  The changes were far reaching and included significant changes.  2ESB 6097 was introduced to the legislature on June 10, 2003, passed by both houses on June 11, 2003, and signed by the Governor on June 20, 2003, effective immediately.  This means there is virtually no legislative history for the sweeping changes made to unemployment compensation.

Where to look for cash after you've been laid off?

Just finished reading a great column by John Waggoner at USA Today, "After a layoff, carefully pick what to cash out first".  I know that there's a lot to be overwhelmed by when you lose your job, and many of my clients turn to their 401(k) for an immediate source of funds.  I know it is scary when you learn no paycheck will be coming in, especially if you are the sole breadwinner.  However, in hindsight many of my clients wished they had waited before taking that particular hit.  This article explains the consequences and offers some other suggestions of places to look to liquidate before you touch the 401(k).

Ironically, Washington's Unemployment Office is Hiring

Washington's Employment Security Department, the folks that administer unemployment compensation benefits, has almost doubled its claims processors in the last year. Employment Security Commissioner Karen Lee told the Puget Sound Business Journal Puget Sound Business Journal that the Department is "hiring and training new staff as fast as we can and exploring every option to process" claims faster.

The Department will add another 27 intake agents in February and plans for another 50 in April.  Apparently it takes six weeks of formal training classes for the intake agents to be prepared for the position.

Due to the increase in claims, the unemployment call centers will now be open on Saturday from 8 a.m. to noon (they are already open from 8 a.m. to 5 p.m. Monday through Friday). Many of my clients have reported the problem of calling the centers and being disconnected after a recorded message tells them that due to the high volume of calls no one is available - I hope this schedule change will reduce those problems!

Good source for help when you need accommodation for your disability at work

Until recently I was unaware of a great resource relating to workplace accommodations of disabilities, for employees and employers alike.  Job Accommodation Network is a service of U.S. Department of Labor's Office of Disability Employment Policy.  As noted on its website, JAN's mission is to facilitate the employment and retention of workers with disabilities by providing employers, employment providers, people with disabilities, their family members and other interested parties with information on job accommodations, self-employment and small business opportunities.

This site is a treasure trove of information - it provides suggestions for accommodations, it outlines legal obligations, and you can contact JAN for person to person consultation on how to make your job work for you when you have a disability.  It can be very helpful in overcoming resistance or confusion from human resources and can provide examples of how folks with your disability are managing to successfully hold down your kind of job elsewhere in the country.

RIFs and Unemployment Benefits - Traps for the Unwary Worker

Washington's Supreme Court recently decided Verizon v. Employment Security Dept., a case regarding unemployment compensation benefits and employee eligibility during an employer's reduction in force. The majority's decision is a convoluted interpretation of the administrative regulation regarding reductions in force and employee eligibility for benefits.  The Court reversed the grant of benefits to approximately 200 citizens, finding that the technical wording of the reduction in force program meant Verizon did not take the "final action" in the employees' job separations.

In Verizon, the majority reversed the ruling of the Administrative Law Judge, the Employment Security Department Commissioner, and a Superior Court judge that the employees who volunteered to be a part of Verizon's "Voluntary Separation Program for Management Employees" in late 2003 were eligible for benefits.  There is an administrative regulation which outlines when employees are qualified for benefits, even though they have participated in "voluntary" layoff/reduction in force.  That regulation has three prongs: 

a) the employer takes the first action an announces in writing that i) it intends to reduce its work force through a layoff or reduction in force, and ii) employees can offer to be among those included in the layoff or reduction in force;

b) the employee offers to be one of the individuals included in the layoff or reduction in force; and

c) the employer takes the final action in the separation process by accepting the offer of the employee, thereby ending the employment relationship.

The Supreme Court found that because Verizon had no power to "reject" the employees who volunteered, and because the employees did not exercise their right to revoke their offer to participate in the RIF, this layoff did not fall within the regulation.

Justice Tom Chambers wrote a dissent which called out the disingenuous nature of the majority opinion, and it is worth quoting at length:

    I fear the majority is ignoring the widely accepted realities of large company layoffs.  The agreement to participate in a voluntary reduction in force program is not, meaningfully, a voluntary decision to leave a job without good cause.  . . . An employee is placed between the proverbial rock and a hard spot when her employer announces that the company is going to lay off a substantial number of employees and the employee is one of those at risk.  She can close her eyes, hold her breath, and hope that she is not one of the employees fired.  But is she is one of the unfortunate ones laid off, she risks losing the income stream necessary to pay her bills.  Alternatively, she can choose to participate in a reduction in force program.   . . . But rarely are either of these choices, the rock or the hard spot, nearly as desirous as continued employment with a company for whom the employee has established a work history and gained some seniority.

Please consult an attorney or the Employment Security Department before you volunteer to be part of a reduction in force or a layoff program.

Am I eligible for extended unemployment benefits?

Based on the unemployment rate in Washington state, extended unemployment compensation benefits (authorized and funded by the federal Congress) are available for qualified claimants.  The state has put together a very helpful Q&A page at "Can Your Benefits Be Extended?" .  The highlights are:

• Effective December 7, 2008, the state can pay eligible claims for up to an additional 13 weeks;
• You cannot apply for the extended benefits online, you must file a paper claim (if one has not already been mailed to you, you can pick one up at your local WorkSource office or call EUC Unit at 1-877-558-8509);
• You cannot apply for the extended benefits until your original claim has been exhausted;
• You may qualify for the extended benefits if your original claim began after May 7, 2006;
• You may qualify for the extended benefits if your benefit year has ended or if all your benefits have been exhausted; and
• You must file before March 21, 2009 and your benefits must be exhausted before that date.

Why Does My Severance Agreement Say I Should Consult An Attorney?

Many calls to my office are prompted by language in a separation or severance agreement that says something like, "employee agrees employee has been advised to consult with an attorney before signing."  This often creates a lot of anxiety for the departing employee - bad enough to be let go, or to be downsized, but why does my employer think I need to consult an attorney?

In virtually all of the cases it is because the employee is age 40 or older, or is part of a group layoff that includes folks who are age 40 are over.  This language is not in the agreement because the employer is planning on suing the employee; this language is not in the agreement out of the kindness of the employer's heart and concern for the employee; this language is mandated by federal anti discrimination law.  Strangely (to me, anyway), this language is only required in agreements where the employee is waiving any rights she or he might have as to age discrimination.

Waivers of any rights to sue regarding age discrimination are regulated by the Older Workers Benefits Protection Act ("OWBPA").  In October 1990, Congress enacted the OWBPA, which amended the Age Discrimination in Employment Act ("ADEA"), in part, to establish requirements for obtaining a waiver or release of an individual's actual or potential ADEA claim.

The requirements for a valid waiver include:

• The waiver must be part of an agreement written in a manner calculated to be understood by the individual from whom the waiver is sought;
• The waiver must refer specifically to rights or claims arising under the ADEA;
• The waiver must not include dates arising after the date the waiver is signed;
• The waiver must provide the individual with benefits to which the individual is not otherwise entitled;
• The individual must be advised in writing to consult with an attorney before signing the waiver;
• The individual must be given 21 days to consider signing the waiver (45 days if the waiver is sought from a group of employees, i.e., as part of an early retirement incentive program); and
• The individual must be given 7 days to revoke the waiver after signing it.

Certainly it never hurts to have an attorney review your severance agreement, even if you are parting ways amicably from your employer.  You should understand what rights you are waiving and consider whether the offer is worth waiving those rights.