Speaking up about illegal activity at work is hard enough as it is. For people who are punished after blowing the whistle, it can send a clear message that their employer wants them to keep their mouths shut.
Here is what you should know: Employers are banned from retaliating against workers for engaging in protected activity on the job, such as reporting misconduct. Writing up an employee for reporting illegal activity is itself unlawful.
Employers rarely admit that they are punishing workers for speaking up, however. Instead, they typically try to explain away their actions by citing performance or other factors that seem unrelated to the protected activity. That is why it is crucial that you seek the advice of an experienced attorney.
At Justice Law Corporation, our Washington wrongful termination lawyers help working people fight back against retaliation and other unlawful activity. We are experienced attorneys who have dedicated our careers to assisting people in these and other employment cases. Our lawyers have a strong track record of successful results in court and through negotiated settlements for the people that we represent.
Being written up is a serious situation that should get your attention. It does not necessarily mean you will be fired or demoted, but it is often a first step toward those moves. It can have long-term consequences for your career.
This kind of retaliation allows illegal activity to go unchecked and toxic workplaces to fester. It is crucial for employees to fight back, whether it is individually or through collective action.
To pursue a retaliation claim, it is not enough to simply suspect that you are being written up as punishment for reporting illegal activity. You have to be able to prove it. That starts with understanding your rights regarding workplace retaliation.
Your Right to Blow the Whistle
State and federal laws are designed to encourage employees to speak up about illegal activity and other misconduct in their workplaces. The laws give working people strong protections against retaliation for reporting:
- Harassment or discrimination
- Wage and hour violations
- Unsafe working conditions
- Fraud and other misconduct
Employees are protected from retaliation even if the conduct about which they complained turns out to be lawful or the complaint cannot be proved. The key is that you reasonably believed you were acting in a protected way and the employer took a retaliatory action.
Sometimes, the retaliation takes the form of a demotion or a firing. Other times, it is more incremental:
- Hours reductions
- Assignment changes
- Scheduling changes
- Poor performance reviews
- Denial of benefits
- Sudden enforcement of existing policies
Any action designed to punish a worker for protected activity can be retaliation. If your employer writes you up after making a report, that may be evidence of retaliation.
Take, for instance, a worker who reports to HR that a manager has been signing off on hours for people who did not work during those times. If the employee is suddenly being written up, this may be unlawful retaliation. Especially if the reason for the write-up is not valid.
Anti-retaliation laws are central to employees’ rights on the job. These protections give working people the power to speak up, take action, and help coworkers without fear of being punished by their bosses.
How to Prove Workplace Retaliation
Workers who are retaliated against do not have to suffer in silence. You have the right to take action by challenging the move, seeking to have a write-up scrubbed from your record, and stopping further retaliation before it happens.
To prove retaliation, you have to show that:
- You engaged in a protected activity
- Your employer took an adverse employment action
- There is a causal connection between the protected activity and the adverse action.
Courts tend to broadly interpret adverse action to include being written up, as well as a wide range of other actions that can materially impact your job or career.
The legal remedies available in retaliation cases vary based on the circumstances. They can include:
- Back pay: Wages and benefits lost from the date that you are fired or constructively discharged from your job
- Front pay: Future lost wages if reinstatement is not possible
- Injunction: Ordering that a write-up be axed
- Compensatory damages: Compensation for emotional distress, pain, suffering, humiliation, and damage to reputation
- Punitive damages: Extra damages designed to punish the employer for particularly malicious behavior
Employers regularly try to justify retaliatory actions by citing performance, business needs, and other factors that appear on their face to be wholly unrelated to retaliation. Even when a move seems to be clearly retaliatory, you have to be able to show a judge or jury that it was unlawful.
This can be tough, particularly when your employer does not provide all the relevant information about why you were written up. The good news is that you do not need to go it alone. A Washington wrongful termination lawyer at our firm can help.
Timing is often of the utmost importance in retaliation cases. If your employer suddenly writes you up shortly after you report illegal activity, that may create a presumption that the move is retaliatory. Especially if you have not been written up under similar circumstances before.
Comparison evidence can also go a long way toward proving retaliation. Are other workers being written up in similar situations? If not, and you are the only one who reported illegal activity, this bolsters your argument that retaliation is at play.
Our Washington Wrongful Termination Lawyers Can Help
If you believe you are being retaliated against at work, you have the right to take action. You do not need to go it alone. A Washington wrongful termination lawyer 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 wrongful termination lawyer.
