Layoffs and restructuring, sadly, are risks that all working people in Washington and across the country face every day on the job.
For many companies, letting large swaths of employees go to “rightsize” or reorganize operations is simply part of doing business. That is despite the severe financial and emotional damage it can wreak on working people and their families.
The truth is that sometimes “restructuring” is not simply a business decision. Instead, it is a thinly veiled cover for retaliation or discrimination. Workers in these situations have the right to fight back by taking legal action, whether it is by filing a claim individually or joining together in a class action.
At Justice Law Corporation, our Washington employment class action attorneys help working people who have been shortchanged or mistreated on the job. Our lawyers can help you determine if you have a retaliation or other claim and take action to enforce your rights. We are experienced lawyers who have a track record of success in court and through negotiated settlements.
Retaliation can be tough to spot, especially when it is presented as restructuring. Here is what you need to know.
How Restructuring Works
“Restructuring” is a general term that is used to encompass – and sometimes justify – a wide range of actions, from changing a specific employee’s job duties to laying off large groups of workers. In most situations, these moves are intended to reduce employers’ costs and increase employees’ efficiency. In other words: “do more with less.”
Restructuring is common in mergers and acquisitions, as multiple workforces are combined into a single workforce. It is also often used by companies that are scrambling in response to market pressure or the loss of key revenue streams. Even many “healthy” businesses engage in restructuring to try to stay ahead.
When done correctly, restructuring can be a positive development for everyone. Improving operations can help ensure a business’s long-term viability and give employees job security.
The problem, however, is that some companies use restructuring as an excuse to get rid of employees rather than fire them outright. That is particularly true for workers who otherwise may have discrimination or retaliation claims against their employers.
Is it Restructuring or Retaliation?
Employers in Washington and throughout the U.S. have wide latitude to operate their businesses as they choose. That includes restructuring operations, laying off workers, shifting job duties, and slashing hours.
Washington is an “at-will” employment state. That generally means that an employer can fire an employee for any reason (as long as it is not unlawful) or for no reason at all. It also means an employee can leave the job at any time, for any reason, or for no reason.
What employers cannot do, however, is discriminate or retaliate against employees in making business decisions.
State and federal laws protect workers from discrimination based on:
- Sex
- Race
- Nationality
- Religion
- Sexual orientation
- Gender identity
- Disability
Anti-retaliation laws are designed to protect people who speak up about their rights on the job, assist their coworkers in asserting their legal rights, or otherwise blow the whistle on their employers. The laws generally ban employers from taking action against workers for engaging in protected activity, such as:
- Making internal complaints about employment practices that the employee believes violate wage and hour, discrimination, workplace safety, labor, or other laws.
- Filing similar complaints with state or federal agencies.
- Filing lawsuits over alleged workplace rights violations.
- Participating in an internal or external investigation or lawsuit, including by acting as a witness.
Here is an example. An employee makes an internal complaint about sexual harassment by her boss. A week later, the employee is demoted and sent to a less desirable job. If the move was a direct response to the complaint, it is unlawful retaliation.
Similarly, say a group of workers in the same unit has been complaining that they are being forced to perform specific tasks off the clock and to work extra hours without overtime pay. If they walk into work one day to find that their jobs have been eliminated due to “restructuring,” they may have retaliation claims.
It is important to understand that the legal protections against retaliation are not limited to employees whose original complaints are meritorious. As long as you reasonably believed you were acting in a protected way and the employer took a retaliatory action, you may be protected.
If the workers in the previous example were actually mistaken about being shortchanged by their boss, for instance, they can still pursue retaliation claims if they were laid off for speaking out.
How to Fight Back Against Retaliation
Anyone who has been retaliated against on the job in Washington has the right to take legal action against those responsible for this unlawful behavior.
Workers in Washington can file claims with state and federal agencies to request investigations. Employees can also file lawsuits against their employers, seeking reinstatement to their jobs, back pay, unpaid overtime, interest, and other remedies.
Groups of workers can also join together to take action when their employers violate retaliation and other workplace laws. Employment class actions help workers level the playing field with large corporations by allowing them to pursue claims in a single case.
To successfully bring a claim for retaliation, you have to be able to prove that retaliation occurred. Keeping notes, a journal, or other records of what is transpiring at work can be very helpful. So can connecting with workers who may serve as witnesses or have endured similar retaliatory treatment.
Our Washington Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is through retaliation, wage and hour violations, or otherwise, you do not need to go it alone. A Washington employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Seattle. Contact us to schedule a free consultation with a Washington employment class action attorney.
