Working people across Washington have strong rights and protections on the job. To enforce those rights, however, you often need evidence to show that they are being violated.
Time is of the essence. If you suspect that your employer is violating wage, discrimination, retaliation, reasonable accommodation, or leave laws, the evidence you gather now can make or break your case later.
At Justice Law Corporation, we help working people ensure that they are fully paid and that their rights are protected on the job. Our Washington wage and hour attorneys have dedicated their careers to fighting back against employers who violate the law. We can help you understand your rights and take action. Our track record of successful results speaks for itself.
Here is why it is important to act now: Memories fade, witnesses come and go, and employers tend to cover their missteps if they get the sense that a legal claim is coming. Gathering evidence now creates a record of what happened and how it all went down.
Save Everything Related to Pay
Wage claims are among the most common employment disputes in Washington. They can also be relatively straightforward to prove, assuming that you have the records.
Washington employers must pay workers at least a certain minimum wage for all hours that they work on the job. Many employees are also entitled to higher, time-and-a-half rates for overtime work. Workers who earn commissions and bonuses have similar rights regarding the timely payment of such compensation.
State and federal laws require employers across the state to keep accurate records of hours worked and wages paid. Employees have a right to get that information when disputes arise. Still, it is best to keep copies of the following:
- Pay stubs for every pay period, showing hours worked, pay rates, and any deductions.
- Timecards or time-clock printouts, including any notes if they seem inaccurate.
- Schedules, especially if you were required to work off the clock before or after shifts.
- Direct deposit records or bank statements showing what you were actually paid.
- Any bonus, commission, or overtime calculations and any policy documents that explain how they should have been calculated.
Shorting workers on their wages, whether it is by altering timecards, requiring them to work off the clock, or refusing to pay overtime rates, is theft. With the right evidence, you can ensure that you are fully paid for your work.
Request Your Personnel File
Employers often try to justify unlawful actions with explanations that simply do not add up. They may cite “performance reasons” for firing an employee, for instance, even when the person has a track record of successful evaluations. Or they may try to pin differences in pay among workers on vague factors that are not relevant to the job.
Personnel files can be key in wrongful termination, equal pay, discrimination, and other cases.
Washington law gives every employee the right to inspect their own files. Your employer must provide a copy of your personnel file within 21 calendar days of a written request. Put your request in writing – email is fine – and keep a copy of the request along with the date you sent it.
Keep Written Communications
Emails, texts, and workplace chat messages via systems like Slack and Teams can be some of the strongest evidence in employment cases. They may capture your employer’s own words at the time events happened, before anyone had a reason to reshape the narrative.
Hold onto:
- Emails or messages discussing your job performance, discipline, schedule changes or termination.
- Messages in which you raised concerns about unpaid wages, safety, harassment, discrimination or anything you reported internally.
- Any response – or lack of response – from HR or a supervisor after you raised concerns.
- Messages showing a shift in tone or treatment after you made a complaint or took protected action.
You may lose access to a work account the moment your employment ends. Forward important messages to a personal email account or take screenshots. Do this before any dispute becomes obvious. Waiting until after a termination meeting is often too late.
Keep a (Timely) Journal
A dated, written record of events that is created at or near the time they happened is more powerful than recollections put together months or even years later. Document meetings, conversations or incidents that you think may become relevant. Write down:
- The date, time and location
- Who was present
- What was said, as close to word-for-word as you can remember
- What happened immediately bfefore and after
This kind of record does not need to be formal. A private notes file or journal works. What matters is that it is created close in time to the events themselves.
Be Careful With Recordings
Proceed with caution if you are considering recording a conversation with a supervisor or HR.
Washington is an all-party consent state, which means that it generally is illegal to record a private conversation unless every participant consents. This includes in-person conversations, as well as those by phone or Zoom. If you announce that you are recording a conversation and the other parties continue the conversation, that is sufficient to establish consent.
Secretly recording a private conversation without consent is a bad idea. It can expose you to criminal and civil liability. Plus, the recording itself is likely to be inadmissible in court.
Document Witness Information
Note the names of coworkers who saw or heard something relevant, whether it is a discriminatory comment, a work shift that was not fully compensated, or retaliatory treatment after a complaint.
You do not need to ask potential witnesses to sign anything or get involved formally. Simply preserving notes of who was present and what they observed can create a roadmap for later legal action.
Our Washington Wage and Hour Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by underpaying you, discriminating against you, or violating other terms and conditions, you do not need to go it alone. A Washington wage and hour 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 wage and hour attorney.
