Talking openly and honestly about how much money you make may be taboo in social circles, but it is considered a core part of employees’ rights in workplaces across the country.
Workers generally have the right to discuss pay and other terms and conditions of their jobs without fear of retaliation. This includes sharing pay information with coworkers and others, as well as complaining if you believe you are being underpaid or not fully compensated for your time on the job. Your employer cannot fire you or take other punitive action, such as demotion, transfer, or scheduling changes because you have raised issues related to pay.
Of course, this does not stop employers from trying. Sadly, far too many employers try to tamp down talk of pay among employees and nip compensation complaints in the bud by retaliating against those who speak up. The good news is that workers have the right to take action, including joining together to fight back.
At Justice Law Corporation, our Washington equal pay lawyers fight to secure the full compensation people are entitled to under the law. We are seasoned attorneys who have dedicated our careers to assisting people in wage and hour, discrimination, and other cases. Our track record of success in these and other cases speaks for itself.
State and federal laws give working people significant rights on the job, including when it comes to talking about pay. Here is what you need to know.
Talking About Your Pay With Coworkers
The Washington Equal Pay and Opportunities Act enshrines basic rights for employees who discuss compensation at work.
The law bans employers from requiring employees to keep their own pay information confidential. It also prohibits employers from firing or otherwise retaliating against workers who disclose their own wages, ask about coworkers’ pay, or talk about compensation with coworkers.
For far too long, employers deliberately suppressed wage information to reduce what they had to pay workers and to prevent employees from joining together to push for better compensation. The law is designed to combat pay discrimination by helping employees uncover wage gaps and boost compensation by ensuring workers know what fair pay looks like.
Formally Reporting a Pay Violation
The Washington Equal Pay and Opportunities Act also protects workers who file complaints about wage theft and other pay violations. Some of the most common pay violations include:
- Not paying for all hours worked
- Refusing to pay higher rates for overtime work
- Misclassifying employees as independent contractors or overtime exempt
- Making illegal pay deductions
- Requiring “off the clock” work
- Deducting pay for rest or meal breaks that employees do not take
- Ignoring higher local minimum wages
You do not necessarily need to have filed anything with the state to be protected. Simply raising a legitimate concern about pay is enough to trigger your legal rights against retaliation. Indeed, many cases involve retaliation before any formal complaint or investigation. An employee raises the issue directly with a manager or HR and is fired or disciplined shortly thereafter. That is why it is important to keep records of any and all communications related to the complaint and the retaliation.
The ban on retaliation protects not only people who report pay and other workplace law violations, but also those who testify or otherwise participate in HR investigations or lawsuits.
Other Forms of Retaliation
Firing is one form of illegal retaliation, though it’s also one of the most straightforward. Other common tactics to punish employees who speak up include:
- Demotion
- Suspension
- Loss of hours
- Schedule changes
- Exclusion from meetings, projects, or training sessions
- Sudden negative performance reviews
- Increased scrutiny
- Manager hostility
Sometimes, retaliation happens quickly. When an employee is fired shortly after raising a pay concern or gets a sudden reduction of hours after participating in an investigation, the timeline can strongly suggest the action was designed as punishment for protected activity.
Employers rarely admit they punished someone for an unlawful reason. Other situations require more connecting of dots, especially when an employer claims that the move was motivated by reasons unrelated to retaliation. Many employers cite performance issues, for instance. Evidence showing you were performing strongly on the job before firing, demotion or other action can help refute your employer’s version of the events. So can proof that other employees were treated differently in similar situations.
What to Do If You Think You Have Been Retaliated Against
You have the right to challenge a firing or other retaliatory move in court.
The remedies typically available in workplace retaliation cases include:
- Back pay for lost hours
- Reinstatement of your schedule
- Compensation for emotional distress
- Attorney’s fees
- Possible additional damages
To get these remedies, you must prove retaliation. Fortunately, you don’t have to go it alone. An experienced employment attorney can help you understand your rights and options and build the strongest possible legal claim.
Start by writing down the timeline. When did you raise the pay issue, and when did the negative treatment start? Do this while your memory is fresh, rather than trying to piece together what happened long after it happened. Also save any relevant documentation, such as messages, pay stubs, and performance reviews from before and after the retaliation. Request your personnel file in writing.
Time is of the essence. State and federal laws impose strict deadlines on filing wrongful termination and other claims. If you miss the deadlines, you risk losing your ability to pursue those claims.
How a Washington Equal Pay Lawyer Can Help
If you believe that your employer is violating your rights on the job, a Washington equal pay lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Contact us at (360) 207-0000 to schedule a free consultation with a Washington equal pay lawyer.
