When things go wrong at work, it is natural to wonder whether you are simply having a tough stretch on the job or if you actually have a legal case against your employer. There’s no simple answer, but there are some follow-up questions you should be asking to decide whether it is time to speak with an attorney.
Whether you were fired without warning, your paycheck came up short, or a manager started treating you differently after you complained, workplace laws give you some powerful rights and protections. That includes the right to pursue legal claims and to speak up about mistreatment without fear of retaliation.
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 claim and take action to enforce your rights. We are experienced attorneys who have a track record of success in court and through negotiated settlements.
Our lawyers see certain patterns arise routinely in cases that turn out to be legally actionable. Here are some of the most common legal actions for workers in Washington, along with common warning signs.
You Were Treated Differently Because of Who You Are
Federal and state laws widely ban discrimination on the job. Employers are prohibited from making job decisions based on protected characteristics, such as:
- Sex
- Race
- Age (over 40)
- National origin
- Religion
- Sexual orientation
- Gender identity
- Disability
This includes decisions related to hiring, firing, pay, promotions, job assignments, and training opportunities.
Here are some potential signs of discrimination:
- You were passed over for a promotion, raise or assignment that went to a less-qualified coworker outside your protected class, and no legitimate explanation was given.
- A supervisor made comments tying your treatment to your age, pregnancy, disability, or another protected trait. Such comments are frequently framed as jokes.
- You were disciplined or terminated shortly after disclosing a disability or pregnancy or after requesting a reasonable accommodation.
Pay disparities can also be the result of unlawful discrimination. These cases can be tougher to spot and prove because of employer policies designed to keep pay secret. It is important to understand that you have the legal right to discuss pay with coworkers.
You Complained, and Then Things Got Worse
Retaliation is one of the most common types of employment claims for working people in Washington, regardless of the type of job you do and the industry in which you work.
Federal and state laws prohibit employers from punishing or threatening to punish workers for engaging in protected activity at work. Some common examples of protected activity include:
- Reporting discrimination or harassment
- Complaining about unpaid wages or overtime
- Discussing wages with coworkers
- Reporting workplace safety concerns
- Requesting medical leave or accommodations
- Participating in a workplace investigation
- Reporting illegal conduct
- Filing a complaint with a government agency
- Supporting another employee’s complaint
Workers are protected even if the conduct about which they complained turns out to be lawful or a complaint cannot be proved. As long as you reasonably believed you were acting in a protected way and your employer took a retaliatory action, you may be legally shielded from retaliation.
Firing is one form of retaliation, but this unlawful conduct can take many different and more subtle forms. Here are some examples:
- A sudden change in your schedule, workload, or job duties after you raised a concern.
- Being excluded from meetings, denied resources, or subjected to increased scrutiny.
- Getting a poor performance review shortly after a complaint, especially if your previous reports are strong.
Timing is crucial when it comes to retaliation claims. There is a strong inference of retaliation when adverse treatment starts within days or weeks after you make a complaint or engage in other protected activity.
Your Paycheck Does Not Add Up
Wage theft happens when employers underpay their workers, including by forcing them to work off the clock, blow through breaks, or log overtime at regular rates. Sometimes, it is deliberate. Other times, it is chalked up as a “mistake” or an “oversight.”
Employers are legally required to pay workers at least a minimum wage for all hours on the job. They also must pay overtime-eligible employees at higher rates for all time beyond 40 hours in a workweek.
Here are some common signs of wage and hour violations:
- You regularly work through breaks, before clocking in or after clocking out, and you are not paid for that time.
- You were classified as an independent contractor or “exempt” employee when you were not.
- Your final paycheck was late, or your employer deducted costs from it without a clear reason.
- Time records were changed after the fact to show that you worked fewer hours.
Wage claims can be more straightforward than many discrimination cases because they do not require you to prove any sort of unlawful motive or intent by your employer.
You Were Fired, and the Reason Does Not Hold Up
Washington is an at-will employment state. That means that your employer can fire you for any reason (as long as it is not unlawful) or for no reason at all. It also means that you can leave the job at any time, for any reason, or for no reason.
What employers cannot do, however, is discriminate against employees in firing decisions. They also cannot use firing as a way to retaliate against workers who complain about mistreatment or blow the whistle on unlawful behavior.
Wrongful termination claims often arise when workers are let go for a stated reason that conflicts with the actual situation. Or when the justification for the move shifts over time. In either situation, it is worth consulting an experienced employment lawyer.
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 at 360.207.0000 to schedule a free consultation with a Washington employment class action attorney.
