Legal Question in Employment Law in Washington

Re: Small Claims

In general, an employee has 2 options when an employer fails to timely pay them for work already completed. One, the employee can file a complaint with the Washington Department of Labor and Industries. Two, the employee can file suit in court {small claims, district court or superior court depending on the amount involved}. Before voluntarily quitting employment for lack of pay, an employee might want to consult the Washington State Employment Department {unemployment office} to determine if terminating employment under such circumstances would disqualify the employee from receiving unemployment benefits. Usually voluntarily quitting employment without good cause is a disqualifying event. However, in circumstances where a reasonable person would quit, e.g. where the work environment is unbearable or the employer is not paying the employee or the quit is for some other good cause, AND where the employee has taken all reasonable measures to avoid quitting, e.g., submitted written requests to employer for payment, filed complaint with Labor & Industries, etc., then the voluntary quit may be deemed to have occurred with good cause.

In either case, it is best to consult an employment law attorney for specific advise for your case.