Fair Work Legal Clinic Case Briefs

Below are a sampling of cases that have come in to the Fair Work Legal Clinic since officially opening in September 2016. Names and other identifying information have been changed to protect the privacy of these workers.

Intake Cases

Abdirahman recently arrived in King County as a refugee from Somalia. Somali Community Services, a Fair Work Collaborative partner, referred Abdirahman to Fair Work Center after he was offered a job as a security guard only to have it rescinded. A routine background check falsely reported he had criminal convictions from another state. Abdirahman needed that job and he knew it was a case of mistaken identity. The same day he came into the Fair Work Legal Clinic, we accompanied him to the King County Courthouse and cleared his record. Abdirahman didn’t need a lawyer, he needed an advocate, and he found one at the Fair Work Legal Clinic.

Leticia worked as a delivery driver for a small company that contracts with Amazon to make its Prime deliveries. Leticia was injured on a delivery and discovered that because her employer treated her as an “independent contractor,” she was not entitled to Workers’ Compensation. She was also paid substantially below minimum wage. The Legal Clinic helped Leticia sort out her Workers’ Compensation paperwork and find a lawyer to support her case. The Legal Clinic also referred her case to the US Department of Labor, which is investigating the minimum wage problems.

Chelsea worked for a manufacturing company in Seattle. After becoming pregnant, her doctor said that she needed light duty work assignments or risk a miscarriage. Chelsea’s employer told her that light duty was reserved for workplace injuries and not available for pregnancy. Chelsea was left without a job and was forced to move in with her mother in Alabama. Worse, she lost the baby. She knew her employer was in the wrong and that there must be something she could do. She came to the Fair Work Legal Clinic after exhausting every other possible route. The Legal Clinic persuaded the Washington Attorney General to take the case on and file a lawsuit against Chelsea’s employer.

Community Clinic and Direct Representation Cases

Maria worked for a dry-cleaning company on the night shift.  She became sick and was not able to go into work. Upon calling in sick, her manager told her to “not bother coming back in” and withheld her final paycheck. Maria knew this wasn’t right and came to Fair Work Legal Clinic seeking support. The Legal Clinic took on individual representation of her case and demanded payment of that final check. We were successful in getting Maria paid and continue to pursue additional penalties and remedies for retaliation.

Kim is an immigrant from Korea who worked as an assistant to a hairdresser. She answered phones, greeted customers, swept up hair, and provided tea and snacks.  She worked 45 hours per week but was paid just $1,000 per month, less than $5.50 per hour. Her employer thought that she could take advantage of Kim’s uncertain immigration status and her desire to break into the personal care industry, telling her that she was not an employee but an “independent contractor.” Kim knew this was unfair and was referred to the Legal Clinic by 21 Progress, one of our Fair Work Collaborative partners. The Clinic took on representation of Kim and filed a charge on her behalf, which is currently under investigation by Washington’s Department of Labor and Industries.

 Jose worked as a painter for a large construction firm. The firm told Jose that he was an “independent contract” and, therefore, not entitled to any overtime. Jose found a lawyer to sue the employer for wage theft, but the lawyer abandoned the case, leaving Jose to navigate the court system on his own. After Jose did not respond to one of the employer’s motions, the suit was dismissed and fines were imposed on Jose. He sought help from other lawyers without success. The Legal Clinic has been able to negotiate with the employer to resolve the case and help Jose recover some of his losses.

 

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