Archives for March 2019

March 7, 2019 By

Officer Has No Right to Privacy in Pre-Employment Polygraph Test

By: Cynthia McNabb and Clive Pontusson

In Sheats v. City of East Wenatchee, the Washington Court of Appeals determined that a Police Officer could not prevent the disclosure of the pre-employment polygraph test he took when he applied for employment with the East Wenatchee Police Department. Even though a polygraph report is generally exempt from disclosure under the Washington Public Records Act (PRA), an Officer who is seeking to prevent disclosure of a public record must show that disclosure is not in the public interest, or that it will damage a critical government function. Because Officer Sheats could not prove this, the Court of Appeals decided he could not prevent the City of East Wenatchee from disclosing the results of his polygraph test. [Read more…]

Filed Under: Privacy Rights
March 7, 2019 By

Employee Can Bring Lawsuit Before L&I Concludes Wage Complaint; May Have Claim for Wrongful Discharge

By: Cynthia McNabb and Clive Pontusson

In Peiffer v. Pro-Cut Concrete, an employee sued his employer for altering his timecards and shorting him on reported wages. Charles Peiffer claimed that Pro-Cut had unfairly withheld his wages. He filed a complaint with the Washington Department of Labor and Industries (L&I) who took over fourteen (14) months to investigate without making any findings. Not wanting to wait further for L&I to complete their investigation, Peiffer hired an employment attorney and sued the employer for wrongful termination and the withholding of wages. In the lower court proceeding, the two sides argued over whether or not his decision to file a complaint with L&I had given him extra time to file his lawsuit. The Washington Court of Appeals decided that Peiffer was allowed extra time to file a lawsuit despite the fact that L&I had not yet completed its investigation. The Court also decided that Peiffer may have a claim for wrongful discharge, and sent the case back for a new trial. It can sometimes be difficult for individuals to want to go up against a large company, even when they feel they are fully in the right. In these cases, a whistleblower lawyer can provide their assistance in trying to protect the rights of individuals in this predicament. Individuals who are filing a lawsuit should also know what to expect from a process server and other legal experts they are hiring. In addition, employees who are facing employment discrimination aside from other employment issues may consider consulting with Anaheim employment lawyers for immediate legal assistance.

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Filed Under: Wage and Hour Cases