Legal Question in Employment Law in Washington

Unemployment Insurance

I worked for my most recent employer for 26 months. The owner decided to close the branch office I worked for leaving me jobless. On filing my unemployment claim with the State of Washington, I have been told the employer never reported any of my wages to the State of Washington during my tenure. My unemployment benefits claim has now been rejected due to this employers failure to report my wages. I need to understand what my legal rights are to collect the benefits I feel are owed me.


Asked on 5/08/07, 11:58 pm

2 Answers from Attorneys

Merry Kogut Key Peninsula Law

Re: Unemployment Insurance

I agree with Ms. Beecher. You may also want to contact the owner of the company.

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Answered on 5/09/07, 11:36 am
Susan Beecher Susan L. Beecher, Atty at Law

Re: Unemployment Insurance

Well, your employer is in violation of the law, for starts, unless you were an officer of the company AND were notified in writing that your wages were not being reported. Unfortunately, the penalties for violation of the law do not seem to include compensation payable to you. (In other words, the state can fine the employer, and jail time of up to a year is also a possibility, but the statute covering the penalties does not include a way for you to collect from your employer.)

My reading of RCW 50.20.010 is that you should be able to collect benefits if you meet the qualifications. It does not include a requirement that your employer has complied with the law and paid in. As mentioned in the previous paragraph, the state has a way to collect from the employer, but you don't.

However, I have not done an in depth study of the law on this for you, because I will instead recommend that you contact the Unemployment Law Project (http://unemploymentlawproject.org - sorry, lawguru software will not let me add their phone number). This is a nonprofit group that provides free legal advice regarding unemployment compensation. They will be able to tell you whether my cursory reading of the statutes is correct and if so, or even if not, what your next step is.

Good luck!

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Answered on 5/09/07, 1:43 am


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