Working people across Washington have strong rights when it comes to speaking up on the job. They also have significant protections against retaliation for complaining about discrimination, harassment, pay violations, and other behavior that violates the law or company policies.
But that does not stop some employers from trying to punish workers who blow the whistle or even simply participate in investigations when coworkers make complaints.
Retaliation can rear its ugly head in many different ways on the job. Whether it is cutting hours, changing assignments and shifts, or inventing reasons to fire an employee, these and other forms of retaliation are meant to punish workers who speak up, discourage them from doing it again, and send a message to everyone else to keep their mouths shut. They are also illegal under state and federal laws in Washington, which give employees the power to fight back.
At Justice Law Corporation, our Washington employment class action attorneys help working people enforce their rights and take action against retaliation. We are seasoned lawyers who have dedicated our careers to representing employees and their families in pay, discrimination, retaliation, wrongful termination, and other matters. Our attorneys have a strong track record of success in court and through negotiated settlements.
Making an internal complaint about harassment or other workplace behavior is hard enough. Being punished for speaking up can have some employees second-guessing whether they should have blown the whistle in the first place. Forced silence is how some employers continue to violate their workers’ rights, whether it is by watering down pay or allowing toxic workplaces to go unchecked.
If you believe you are being retaliated against during an internal investigation, you do not need to suffer alone. We can help you understand your rights, weigh your options, and take action.
Your Protections Against Retaliation at Work
State and federal laws give employees broad protections against retaliation on the job.
These laws are designed to protect people who speak up about their own rights or assist their coworkers in doing so. They generally ban employers from taking action against workers for engaging in protected activity, such as:
- Reporting discrimination or harassment
- Filing a complaint with human resources
- Participating in an internal workplace investigation
- Serving as a witness during an investigation
- Reporting safety concerns
- Reporting wage-and-hour violations
- Opposing unlawful employment practices
- Cooperating with government investigations
Employees who participate in internal investigations are protected, regardless of whether they filed the complaint, voluntarily provided information, or were forced to sit for interviews. Protections against retaliation encourage employees to provide truthful information without worrying that doing so will cost them their jobs.
This is an important point: Workers who file internal complaints also are protected from retaliation, even if the investigation concludes that the complaint was unfounded.
What is Retaliation?
Firing is one form of retaliation, but it is far from the only way that some employers try to punish workers for exercising their rights.
Any action that would likely deter a reasonable worker from making or supporting a complaint is considered retaliatory. That may include:
- Demotion
- Suspension
- Cutting hours or pay
- Shift or location transfers
- Exclusion from meetings, projects, or training sessions
- Sudden negative performance reviews
- Increased scrutiny
- Hostile treatment from managers
- Promotion or raise denials
To prove retaliation, you first have to show that you engaged in protected activity, like making an internal complaint or assisting in the investigation. You also have to show that your employer took an adverse action against you and that it is connected to your protected activity.
There is rarely a smoking gun in these cases. People are rarely dumb enough to put something like “cut her hours for talking to HR” in writing. Instead, a wide range of circumstantial evidence can be used to prove retaliation.
Timing matters: When these kinds of things happen shortly after an employee makes a complaint or participates in an investigation, that can be a sign that the move is retaliatory.
Take, for example, an employee who participates in an internal harassment investigation. The following week, the employee suddenly receives the first negative performance review of their career or is demoted without explanation. This timeline smacks of retaliation and strongly suggests that the employee was punished for their involvement in the investigation.
Other common forms of circumstantial evidence in these cases include:
- Shifting explanations for the employer’s decision
- Inconsistent treatment compared to coworkers
- Comments by supervisors that show hostility toward your protected activity
- Failure to follow the employer’s own discipline process and policies
The more evidence connecting the protected activity to the adverse action, the stronger your retaliation claim.
How to Fight Back
Anyone who has been retaliated against during a workplace investigation in Washington has the right to take legal action against those responsible.
Workers in Washington can file retaliation or wrongful termination claims with state and federal agencies. Employees can also file lawsuits against their employers, seeking reinstatement to their jobs, back pay, and other remedies.
Groups of workers can join together to take action when their employers violate retaliation and other workplace laws. Employment class actions help workers level the playing field with large corporations by allowing them to pursue claims in a single case.
To successfully bring a claim, you have to prove that retaliation occurred. Keeping notes, a journal, or other records of what is transpiring at work can be very helpful. So can connecting with workers who may serve as witnesses or have endured similar retaliatory treatment.
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.
