Is that legal? Working people in Washington and across the country ask themselves this question in a variety of situations on the job.
Maybe it is because you have been terminated or laid off and have suddenly been presented with documents to sign. Or, perhaps, your paycheck is not adding up. Regardless of the circumstances, workers often need to quickly understand their rights and options.
At Justice Law Corporation, our Washington employment class action attorneys help working people navigate a wide range of legal issues that can arise at work. We are seasoned lawyers who have dedicated our careers to representing employees and their families in pay disputes, discrimination, retaliation, wrongful termination, and other matters. Our attorneys have a strong track record of success in court and through negotiated settlements.
Here are some of the situations that most frequently prompt workers to seek legal advice. An experienced attorney can help you understand your rights and take action. Consulting a lawyer is often faster and easier than going it alone.
Firing
Washington is an at-will employment state, which generally means that employers can terminate workers for nearly any reason or no reason at all. Still, there are some limits on employers and protections for employees.
Employers cannot use firings to discriminate or retaliate against employees. State and federal antidiscrimination laws protect employees from workplace bias based on these characteristics:
- Race
- Ethnicity
- National origin
- Gender
- Age (over 40)
- Sexual orientation
- Gender identity
- Religion
- Disability
- Pregnancy
- Marital status
The laws also ban employers from retaliating against workers for exercising their rights or blowing the whistle.
Some of the most common retaliation claims involve firings and other punishment aimed at workers who report discrimination, flag wage violations, request reasonable accommodations or take protected leave. Employees frequently seek legal advice after a termination that follows closely on the heels of a complaint, medical diagnosis, leave request or pregnancy announcement.
You Were Asked to Sign a Severance Agreement
Many employers offer some form of severance to workers who are laid off or let go. Severance payments can soften the blow and offer a crucial lifeline for working people as they look for new jobs. But there is a catch.
An employee typically must sign a severance agreement in order to receive severance payments. These are legally binding contracts that usually include provisions in which employees waive the right to sue employers over the termination and a wide range of other matters. Once signed, these releases are difficult to undo.
You are Owed Money
Wage theft is sadly rampant in Washington and across the country.
Employers take money out of their workers’ pockets in various ways. Here are some of the most common:
- Misclassification as an independent contractor or overtime exempt
- Off-the-clock work
- Altering timecards
- Refusing to pay overtime rates
- Skipped breaks
- On-call requirements
- Illegal deductions
The good news is that employees have the power to fight back. Washington’s wage theft law allows workers in these cases to seek reimbursement from their employers for legal costs and attorneys’ fees.
Harassment or a Hostile Work Environment
Employees often first go to HR or their supervisors to address on-the-job harassment. They turn to lawyers when the internal process does not yield results or when they face retaliation after raising the issue.
Harassment claims are usually based on accusations that the behavior created a “hostile work environment.” To qualify, the harassing conduct must be so severe or pervasive that a reasonable person would find it hostile or abusive. Conduct that rises to this level can include:
- Offensive jokes, slurs, or name-calling
- Displaying sexually explicit images in the workplace
- Unwanted touching or physical contact
- Sexual advances
- Comments about a person’s body or appearance
- Physical assaults or threats
- Intimidation
- Exclusionary tactics
Isolated minor incidents are typically insufficient to establish a hostile work environment. Instead, most hostile work environment claims seek to establish a pattern or practice of harassment.
An attorney can help evaluate whether the conduct rises to the level recognized by the law as actionable, and can advise on the best way to document and report it going forward.
Leave and Accommodation Disputes
Employees have the right to take sick and family leave under overlapping state and federal laws.
Disputes tend to arise in situations such as:
- Denied leave
- Discouraged from taking leave
- Given different duties when they return from leave
- Fired shortly after requesting or returning from leave.
A lawyer can help you navigate the complicated web of leave programs and laws.
Employees with disabilities or medical conditions also can request reasonable accommodations, such as modified duties, schedule changes, equipment, and remote work. Unfortunately, many workers find that their requests are denied outright without the required interactive process or simply never addressed. Our lawyers see this pattern all too often.
Signing a Non-Compete Agreement
Employees often feel blindsided and overwhelmed when presented with non-compete or similar agreements by their employers. That is because employers tend to push contracts out of the blue or in connection with layoffs, and often make it seem like signing is mandatory.
Non-compete agreements, as the name suggests, are contracts in which employees agree not to work for certain competitors or launch their own rival business after leaving their jobs. In Washington, they are only enforceable for workers with an annual salary above a threshold, and they must be narrowly tailored in their reach.
Our Washington Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, 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.
Contact us at 360.207.0000 to schedule a free consultation with a Washington employment class action attorney.
