Your Rights and Responsibilities as an Employee in Washington State
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2908EN | February 2018 Your Rights and Responsibilities as an Employee in Washington State
2908EN | February 2018
Contents
INTRO ............................................................................................................................................... 2
1. HIRING ......................................................................................................................................... 2
2. ON THE JOB .................................................................................................................................. 3
Wage and Hour Laws ....................................................................................................... 3
3. INCOME TAXES AND EARNED INCOME TAX CREDIT ....................................................................... 5
4. WORKPLACE HEALTH AND SAFETY ................................................................................................ 6
5. DISCRIMINATION AND RETALIATION ............................................................................................ 8
Age Discrimination: ......................................................................................................... 9
Race and National Origin Discrimination: ....................................................................... 9
Sex Discrimination and Sexual Harassment: ................................................................... 9
Religious Discrimination: ............................................................................................... 10
Disability Discrimination: ............................................................................................... 11
Retaliation: .................................................................................................................... 11
6. UNEMPLOYMENT COMPENSATION............................................................................................. 12
7. REMEDIES AND RESOURCES ........................................................................................................ 13
Informal Negotiation with Your Employer: ................................................................... 14
Mediation: ..................................................................................................................... 14
Small Claims Court: ........................................................................................................ 15
Administrative Agency Complaints: .............................................................................. 15
Remedies: ...................................................................................................................... 15
8. WHERE TO GET HELP .................................................................................................................. 15
This publication provides general information concerning your rights and responsibilities. It is not intended as a
substitute for specific legal advice. This information is current as of February 2018.
© 2018 Northwest Justice Project — 1-888-201-1014.
(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial
purposes only.)
12908EN | February 2018
Intro
This has general info about employment rights An employer can ask questions to help evaluate
in Washington State. It does not give details. It how you will do at a job.
should not replace legal advice from a lawyer.
In some places in Washington
For more info, read the resources listed in
“Where to Get Help” at the end. State, employers cannot legally
ask about your politics or sexual
This focuses on private orientation.
employment. Public employees
(working for a local, county, Here are some examples.
state or federal agency) have NOT LEGAL: LEGAL:
UNLAWFUL TO ASK OKAY TO ASK
other rights. “Where to Get Sex discrimination: It is okay to ask if you
Help,” at the end, lists some Specific questions can meet the work
agencies that help public about your marital schedule or have
status, spouse, other commitments
employees. children, childcare that might keep you
arrangements, if you from coming to work.
The following generously helped to create this are pregnant or plan to
become pregnant, or
resource: Columbia Legal Services, the
about your
Northwest Justice Project, the Legal Voice, the dependents.
Unemployment Law Project and the Thurston
Disability-based It is okay to ask if you
County Dispute Resolution Center.
discrimination: can perform the job’s
Questions about the functions with or
nature, severity, or without
1. Hiring extent of a disability, or accommodation. In
if you need some cases, the
Your first step towards working may be a job accommodation. employer can ask you
application or job interview. This is your chance to perform physical
to show the employer you have the skills to tasks such as lifting
work for them. This section explains what the boxes.
employer can legally ask in the interview or National origin It is okay to ask if you
application. discrimination: can speak a foreign
Questions about your language.
Generally, discrimination means treating some race, ancestry,
people differently than others. Discrimination is birthplace, first
illegal when people are treated differently language, clubs.
because of their age, sex, race, marital status,
national origin, disability, or because they
Is drug testing legal? A private employer can
might want to join a union. No employer can
require drug testing, unless the employer uses
legally ask questions that might show a bias or
the test to discriminate against certain people.
discriminate against you based on these things.
Example: it would be against the law if the
22908EN | February 2018
employer only gave women or African legal unless it meets one of the exceptions in
Americans a drug test. section 5, below.
Here is a list of what an employer expects of
Public employers are more
you. Violating these things can often lead to
restricted in their ability to dismissal:
require drug testing.
Be on time for work.
What is an I-9 form? Your employer must get Do not leave the work site without notifying
info from all you showing you may lawfully someone.
work in the United States. You must sign an "I- Do not miss work without permission.
9" form. It lists the types of identification
allowed. An employer must accept any form of Be courteous to other employees and the
ID on the list. If you believe your employer has public.
treated you unfairly because of the documents Follow the employer's health and safety
they asked you to provide, call the U.S. Justice rules.
Department, Office of Special Counsel at 1-800-
Most employers will ask you to sign a job
255-7688, (202) 616-5525 or 1-800-237-2515
application. The info you give on it must be
(TDD for hearing impaired).
accurate. An employer may fire you for giving
At Will Employment v. Employment Contracts: false info on your job application.
Most employment is "at will." The employer
can fire you for any or no reason, as long as not 2. On the Job
for one of the illegal reasons discussed below.
Wage and Hour Laws
You can lose your job after spending money to What is minimum wage? In 2018, the state
move, or after giving up another job to take this minimum wage for most workers in
one. Usually you will have no legal claim against Washington is $11.50 an hour ($9.78/hour for
your employer. workers under 16). The state adjusts the
minimum wage every January. An employer
“At will” employment also who does not pay you minimum wage may be
means you can quit your job for liable for twice the amount of wages owed you.
any reason, any time. What is piece rate? You must be paid
minimum wage even if your work is by piece
Union contracts give you more rights. Union rate. Example: Samuel works for a janitorial
employees are not “at will” employees. Some service that pays its workers $200 for each floor
employment contracts and personnel manuals of an office building they clean. Samuel recently
make promises an employer must keep, such as spent a 40-hour workweek cleaning a single
promising to fire you only for some reasons or floor. If he is paid $400 for the week, he has
after going through certain procedures. earned less than the minimum wage, $11.50 x
Example: A new manager wants to hire new 40, or $460. Samuel’s employer underpaid him
staff. She fires you. Your work has been by $60.
satisfactory. You have no union contract or You count minimum wage for piece rate by the
other binding agreement restricting the week, not the day. If some days you earn less
employer’s right to fire you at will. The firing is than minimum wage, and others you earn
32908EN | February 2018
more, it is legal as long as you earn at least the pay, gross wages, and all deductions from
minimum wage by the end of the week. If you wages.
perform other tasks besides the piece rate Wage Deductions: Your employer can deduct
work, your employer must also pay you at least from your wages only deductions required by
the hourly minimum wage for each hour you law (example: Social Security) or those you give
work in these other tasks. permission for. The employer may not deduct
Working Time: The employer must pay you for for breakage or lost equipment unless they can
the time you spend at activities benefiting the show that your dishonesty or willful acts caused
employer, even if it is not part of your regular the loss.
workday. Examples: the employer must pay If there is a cash register shortage, the
you for travel time between work locations, employer may deduct from your paycheck only
and for training and meeting time directly
if they can show that you had sole access to the
related to the job, especially if you must attend. cash register and took part in counting the
The employer does not have to pay you for money both before and after the shift.
time spent going to/from work at the start and
end of the day, or for "on call" time if you carry Uniforms: If you must wear a uniform, and
a beeper and can use the time for your own buying it reduces your income below minimum
activities. wage, the employer must pay for it. Example:
John must wear a white lab coat costing $50.
What is overtime pay? Most employers must John only makes $25 above minimum wage per
pay overtime pay of 1-1/2 times your regular week. His employer must pay the extra $25
rate of pay for hours worked above 40 hours toward the uniform.
per week. The overtime law does not cover
agricultural employees, administrative, Do I get meal and rest breaks? You must get a
executive or professional employees, or outside 30-minute meal break if you work more than
salespersons. five hours. The break must come between two
and five hours from the start of your shift. The
Employers may use a “fluctuating work week” employer does not have to pay for your meal
that cuts into overtime pay. Contact the break unless they require you to stay at your
Washington Department of Labor & Industries workstation.
to find out if this is legal in your case.
You must get a ten-minute paid rest break
An employer who does not pay about midway through each four hours on the
you overtime may be liable for job.
twice the amount of overtime Can I inspect my personnel files? You have the
wages you are owed. right to look at your personnel records any time
during your employment and for two years
Wage Claims: The employer must pay you at after it ends. You have the right to put rebuttals
least once a month. If you quit or are fired, you into your personnel file during that period.
must be paid at the regular payday. You have
no right to payment before then. Paid Sick Leave: Starting
January 1, 2018, under the
Pay Stubs: The employer must give you a
statement showing hours/days worked, rate of Minimum Wage Act, your
employer must now give you
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paid sick leave. You can use sick Firing vs. forcing you to quit- If you can prove
leave to take care of sick your employer deliberately made working
conditions so hard that a reasonable person
children.
would have felt compelled to quit, then you
What is Family and Medical Leave? If your were “constructively discharged.” The law
employer has 50 or more employees, and you treats this as the same as if you were actually
have worked there at least one year (and at fired.
least 1,250 hours during that year), your 3. Income Taxes and Earned Income
employer must allow you twelve weeks of Tax Credit
unpaid family or medical leave in a twelve-
month period. You do not have to take all the Each time you start working for an employer,
leave at once. The employer can require you to they should give you a tax form "W-4" to fill
use up your paid sick or vacation leave before out. The employer must take a deduction from
allowing you to take the rest of the twelve your pay based on the info you give on the W-4
weeks as unpaid leave. about how many dependents you have. If you
did not earn enough last year to have to pay
You can take this leave for the birth, adoption, taxes, and you do not expect to earn more this
or foster care placement of a child. You can also year, fill in the "Exempt" box to keep taxes from
take it if you or a family member has a “serious being withheld from your wages.
health condition.” (The “seriousness” depends
on how many days you are out and how many At the start of each calendar year, each of your
doctor visits you have. For more info, contact employers should mail you a form "W-2." You
the U.S. Department of Labor. Their contact should file this form with your income tax
info is in section 8.) If you are suffering from return. It shows how much you earned and how
physical or emotional injuries due to domestic much they deducted from your pay for taxes.
violence, you may use your family and medical You may be entitled to the Earned Income Tax
leave time to get medical care. Credit (EITC), even if you do not owe any
Other Benefits: The only other work-related federal tax. The EITC is money the government
benefits an employer must provide are gives people earning less than $39,617 (if you
workers' compensation (section 4) and have at least one qualifying child) or $15,010
unemployment compensation (Section 6). The (no qualifying child) in 2017. Married couples
employer generally does not have to give you a filing jointly qualify if you earned less than
pension, health insurance, or vacation. $45,207 (with at least one qualifying child) and
$20,600 (no qualifying child) in 2017. The
Many low-income workers are qualifying amount is based on the number of
children, if any, you support. The children you
eligible for food stamps and
list must have lived with you all year. For more
subsidized medical care from the info, call the IRS at 1-800-829-1040 or visit
state. To find out if you are http://www.irs.gov/Individuals/Preview--EITC-
eligible, contact your local office Income-Limits.
of the Washington Department Am I an “Independent Contractor?” Your
of Social and Health Services. employer might give you a form "1099"
showing your earnings instead of a W-2. They
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are treating you as an “independent when you retire. Find out from Social Security if
contractor” instead of an “employee” for tax your wages are being reported to them.
and other purposes.
4. Workplace Health and Safety
Some employers wrongly call their workers
In general, your employer must provide a safe
"independent contractors" to try to avoid
workplace, free from recognizable dangers that
employment laws. Independent contractors
can cause injury or death. Your employer must
have very few labor rights. If they are treating
follow the Department of Labor and Industries
you as an independent contractor instead of an
(L & I)’s rules about safe workplaces. Different
employee, ask yourself:
kinds of jobs have different standards
Have they given me instructions about (examples: construction and health care jobs).
how to do my work, or do I use my own
Your employer must fix any problem that
methods?
violates the law and has a direct relationship to
Am I just a worker, or do I have any health and safety. Your employer may also have
investment in the business? to pay a fine.
Do I simply get a paycheck, or do I have You can complain to L & I about unsafe
a chance to earn a profit? conditions at your workplace. You can ask that
L & I not give your name to your employer.
Does my employer cover my business
Complaints must be in writing. You can get a
expenses, or do I pay them?
complaint from L & I (see contact info at end)
Do I work for one employer, or do I OR write a letter explaining who you are and
perform similar services for several? describing the hazard. Explain why the situation
Is my work basically unskilled, or do I is dangerous and what might happen if there is
have a special skill that I use at work? an accident. L & I schedules its inspections, in
part, based on how dangerous the hazard is.
Can they fire me, or am I okay as long as
Inspections: If L & I reasonably believes there
I meet the specifications of a contract?
is a violation, it must inspect as soon as it
Is my work an integral part of the reasonably can. If L & I does not believe there
business, or do I perform a specialty job are grounds to inspect, it must tell you in
that may be short-term? writing.
“Yes” to the first half of each question above Review of L & I Decisions: You can get an
means you are probably an employee. “Yes” to informal review of L & I's decision not to
the second half means you might be an inspect or give the employer a citation. If L & I
independent contractor. If you think that an issues a fine and you think they gave the
employer is wrongly calling you an independent employer too much time to fix the violation,
contractor and you are not getting the rights or you can file a notice with L & I asking them to
benefits you should have as an employee, review the decision within fifteen working days
contact the IRS and some of the resources of the citation.
listed at the end.
Too Much Overtime: Generally, your employer
If your employer files an incorrect form W-2 or can require you to work overtime. The law may
does not file any proof of your employment, it require the employer to pay you "time and a
can affect you getting Social Security benefits half" overtime. (See discussion above.) If
62908EN | February 2018
mandatory overtime is harmful to your health If you are hurt or get sick because of your work,
or safety, ask L & I to investigate. you are entitled to workers' compensation
benefits, even if the injury or illness was your
Right to Know about Hazardous Substances:
fault. Usually, your doctor fills out the form and
You have a right to know about any hazardous
sends it to L & I.
substances used in your workplace. Your
employer must give you this info when first If you have a work injury, you must explain to
assigning you and when introducing a new your doctor that you were hurt or became ill
hazard into the workplace. The info must say because of your work. Do so as soon as possible
how to find a list of hazardous chemicals used after getting hurt. The doctor then fills out an
in the workplace and "material safety data application for Workers' Compensation
sheets" providing details about the chemicals. benefits.
If They Ask You to Perform Unsafe Work: Try You must file your claim for injuries within one
to get the hazard fixed by reporting it to your year after the day you were hurt. For
employer, union, and L & I. If there is not occupational diseases, the claim must be filed
enough time (because the situation is urgent) within two years after you get a doctor's notice
to get rid of the hazard one of these ways, and that you are suffering from an occupational
you have a reasonable, good faith fear of disease.
serious injury, you can refuse to do the unsafe If You Become Sick or Hurt from Your Work,
work. You must first exhaust all reasonable You Should:
options for getting your employer to fix the
hazard. You must also tell your employer you Tell the boss right away. Make sure they
will refuse to do the work if the hazard is not know as soon as possible.
fixed. If the employer then fires or disciplines Get medical help right away, even if it
you for refusing to do the work, you have a does not seem serious. It is important
claim of retaliation. You can ask L & I to for you to get treatment and to have a
investigate your claim. See the next paragraph. medical record of your injuries in case
Retaliation for Complaining about Health & they bother you later.
Safety: “Retaliation” is action your employer Give all the facts and details of your
takes against you because of something you work injury to the doctors.
have done. The law protects you from
retaliation for making a health and safety Make sure your doctor sends the
complaint. If you want L & I to investigate your application to L & I.
retaliation claim, you must file it within 30 days Workers' Compensation Will Pay:
of the retaliation. (L & I calls it
“discrimination.”) To sue in court on these All medical bills connected with
grounds, you must have been fired, not just treatment for a work injury.
disciplined. Money to replace part of your lost
Work Injuries or Illnesses: You can receive wages if you cannot work for more than
compensation for time missed from work and four days.
payment of medical bills due to work-related Compensation for a permanent
injuries or illnesses. disability.
72908EN | February 2018
In some cases, retraining and blowing the whistle on your employer
rehabilitation benefits. for violating some other type of law
Crime Victims' Compensation Act: If you are acting to try to improve wages or
the victim of a crime such as assault, domestic working conditions for other workers
violence, or child abuse, you may be eligible for
engaging in union activities
benefits under the state Crime Victims'
Compensation Act. It is like workers' complaining about unsafe conditions
compensation, but covers different situations. filing a claim for minimum wage or
Example: You lost work because you were the overtime
victim of a crime. You may be able to get lost
wages from this fund. It also pays filing a claim for workers’ compensation
or unemployment benefits
Pension benefits and burial expenses for
victims who die from injuries caused by See subsection on Retaliation at
crime.
page 11.
A lump sum payment to the spouse
and/or children of a victim who died
If you think your employer fired you due to
from injuries caused by crime.
discrimination or retaliation, keep a written log
For more info, call the Crime Victims' of your efforts to find other work. You will need
Compensation Program at L & I, 800-762-3716. this if you sue your employer for lost wages.
5. Discrimination and Retaliation Remember: if your employer takes action
Most employment in Washington State is "at against you, but not because of any of the
will." Your employer can fire you for any or no above reasons, it might not be illegal.
reason. The beginning of this handbook listed Q: Which of these is unlawful discrimination?
some exceptions to this. Here are others: Example 1. Maria’s boss fires her from her
Discrimination based on race, color, national secretary job. Her new boss wants to hire his
origin, disability, religion, sex, marital status, teenaged daughter. Example 2. Maria’s new
boss fires her from her secretary job. The new
age and (in some cities) sexual orientation. A
boss does not want a Latina secretary.
job rule or policy that has the effect of
disproportionately excluding one of these A: Example 2.
groups is illegal if it is not necessary to the job. Q: Which of these is unlawful retaliation?
The Washington law against discrimination Example 1. Linda, a health care worker at a
protects both independent contractors and nursing home, is fired for complaining to the
employees.
business owner that she needed to work more
Retaliation (revenge) for exercising your legal hours. Example 2. The nursing home fires Linda
rights as an employee, such as: for complaining to DSHS that residents were
being neglected.
making a complaint (to your employer
OR an outside agency) that your A: Example 2.
employer is violating a law that protects Discrimination laws protect you even if your
employees employer acts against you because of the
employer’s mistaken belief. Example: Greg’s
82908EN | February 2018
employer thinks Greg filed a complaint about Job rules that have the effect of
health and safety. The employer fires Greg. The disproportionately excluding minorities or
law protects Greg, even if he did not actually persons of a particular national origin can be
file the complaint. unlawful. Example: A rule that workers only
speak English on the job or a rule excluding
An employer will rarely admit publicly they are
people who speak English with an accent may
taking action because of, for example, your
be unlawful. It depends on if the rule is
race or age. They will probably give a reason
necessary to the particular job.
related to the quality of your work or violation
of a rule. If discrimination or retaliation was a Q: Discrimination or not? Ignacio recently
substantial factor, you may win even if the came to the U.S. from El Salvador. He wants to
employer had other reasons for acting against work as a dispatcher for an ambulance
you. company. His employer tells Ignacio he cannot
work dispatch because his English is not good
Age Discrimination: enough. The ambulance drivers would not
Age discrimination laws protect workers 40 understand him. There could be safety
years or older in hiring and firing. The employer problems.
also cannot refuse to promote or train you
A: If Ignacio's English is so poor that the drivers
because of your age. They cannot lay you off or
cannot understand him, it is probably not
lower your pay or benefits because of your age.
discriminatory to deny him the job.
Example: Paul is 52. His employer tells him he
cannot go with his co-workers to a two-day Sex Discrimination and Sexual
training on a new computer system because he Harassment:
is too old to understand the new system and An employer cannot refuse to hire women for
will be retiring soon anyway. This is illegal. certain jobs, unless there is some reason only
men can perform the job. An employer can
Race and National Origin Discrimination: have a rule about height, weight, or strength if
Your employer cannot deny you employment necessary for the job.
opportunities because of your race, color, Q: Discrimination or not? Sarah wants to be
national origin, birthplace, ancestry, culture, or the first female police officer in her town. She is
language background. Your employer also rejected because the police have a rule that an
cannot discriminate against you for associating officer must be five foot eight inches tall. She is
with a particular race or ethnic group. only five foot four.
Q: Discrimination or not? Hannah is white. A: Discrimination. If the height rule is not
Her husband is from Saudi Arabia. Hannah necessary for the job, it is unlawful.
works at an auto parts store. Her employer tells
her that her husband should not come in the Pregnancy discrimination is a kind of sex
store to pick her up because his customers feel discrimination. The employer cannot
uncomfortable around Arabs. discriminate against a woman because of
pregnancy, childbirth or any related condition,
A: Discrimination. It is illegal for an employer if she can perform the job’s essential functions.
to discriminate based on association with a
particular race or ethnic group. Q: Discrimination or not? Grace is a grocery
store clerk. When she is six months pregnant,
92908EN | February 2018
her employer says she must go on leave until women and make suggestions of a sexual
after the baby is born. Grace feels fine. Her nature to her. Susan's boss, Joe, sees that this
doctor says she can keep working. Her conduct offends Susan. He does nothing to stop
employer says no. it. Susan is a victim of sexual harassment.
A: Discrimination. Generally, offensive remarks must be common
in the work environment, not just occasional, to
Q: After the birth, Grace wants to return to
violate the law. The worse the conduct is, the
work when her baby is six weeks old. Her
fewer times it needs to happen to be a hostile
supervisor thinks a mother should stay home
working environment.
longer with a new baby and does not put her
on the schedule for months. Q: Discrimination or not? Henry brings a
cartoon about "dumb blondes" to the office
A: Discrimination.
one day and shows it to Jane, without
Sexual harassment is a kind of sex comment. She is offended. She does not say
discrimination. It includes unwelcome sexual anything to anyone.
advances, requests for sexual favors, and other
A: This is not sex discrimination or sexual
verbal or physical conduct of a sexual nature.
harassment.
Unlawful sexual harassment is also if giving in
to or rejecting the conduct affects your Religious Discrimination:
employment, unreasonably interferes with your
Your employer cannot discriminate against you
work performance, or creates an intimidating,
in hiring, firing, or other terms or conditions of
hostile, or offensive work environment.
employment because of your religion. The
The harasser can be a man or woman. The employer must accommodate your religious
victim can be a man or woman. practices, unless doing so would create an
Example: Joe's female supervisor makes undue hardship for the employer.
unwelcome sexual advances towards him. She Q: Discrimination or not? Sarah's religion
says if he goes out with her, she will make sure requires that she wear a scarf covering her hair
he goes far in the company. Joe is a victim of at all times. Her employer repeatedly tells her
sexual harassment. to "take that thing off." He also tells her that
The harasser can be a supervisor, co-worker, or religious beliefs have "no place at work."
non-employee (examples: client or customer). A: Discrimination.
You should report harassment to appropriate
Q: Discrimination or not? Kim is a hotel maid.
company officials and follow any company
His religion celebrates its Sabbath on Saturday.
procedures. Otherwise, the problem may not
He may not work on that day. His employer
get resolved and the company may not be
refuses to let him take Saturday off, even
liable for the harassment. If you can, put your
though his co-worker, Samantha, is willing to
report in writing. Keep a copy to prove the
work for him on Saturdays.
company was on notice of the harassment. It
will also protect you in case the employer A: Probably discrimination unless, for example,
retaliates against you for complaining. Samantha does not have the skills to perform
Kim’s work.
Example: Susan's co-workers at the auto parts
store constantly show her pictures of naked
102908EN | February 2018
Disability Discrimination: experience of domestic violence that kept her
Employers may not discriminate against from working in the past. She must take a long
qualified people with disabilities. They may not lunch once a week to see her therapist. She still
discriminate in job application procedures, finishes her workload. She can work as long as
hiring, firing, advancement, pay, training and she takes her medication.
other terms, conditions and privileges of A: The employer must accommodate Lyla
employment. unless the modified schedule is an undue
Washington law considers you disabled if you hardship for the employer.
have an abnormal condition that has a The Washington Human Rights Commission
substantially limiting effect on your ability to do (HRC) enforces the Washington law. The Equal
your job. (The Federal definition is stricter. Employment Opportunity Commission (EEOC)
Fewer people are disabled under federal law.) enforces the federal law (Americans with
Disabilities Act - the ADA). Private lawyers can
A disability can be physical or also sue to enforce these laws.
mental.
You can sue under the state law without first
going through the HRC. To sue under federal
The law also protects people with
law (the ADA), you must first go through the
A history of disability (who have EEOC. Seattle, Tacoma, and King County have
recovered) and people who are not human rights offices that enforce their own
disabled but their employer believes anti-discrimination ordinances. Unions and
they are. mediators can also help.
Temporary disabilities.
Retaliation:
A qualified person is someone who can do the
Retaliation is action your employer takes
essential functions of the job. If you can do it
against you because you exercised a legal right.
with reasonable accommodation, you are
qualified. The employer must provide Example 1: You make a complaint about sexual
accommodation. This can mean many things, harassment. Your employer fires you for
such as: making the complaint. That is retaliation.
Example 2: You ask for reasonable
modifying work schedules
accommodation of your disability. You are
reassignment demoted as a result. That is retaliation.
buying equipment Other examples of illegal retaliation include
retaliation because you:
having interpreters
Complained about unsafe working
making facilities accessible
conditions.
giving you a leave of absence for
Complained about discrimination
recovery
against you or co-workers.
Your employer must provide accommodation
unless it would cause them undue hardship. Complained about not being paid
minimum wage or overtime.
Q: Discrimination or not? Lyla is a
bookkeeper. She has depression from an Filed for workers' compensation.
112908EN | February 2018
Complained to DSHS about abuse or Henry was fired for violating a rule that
neglect of patients in a health care employees must notify their supervisor before
facility. leaving work. Other workers who have left
work without notifying their supervisors have
Engaged in union activities.
just gotten a reprimand.
Took some action to try to improve pay
Example: Susan was injured on the job. She
or conditions for workers at your job.
filed a workers' compensation claim. Soon
In each of these examples, there is a law after, she was fired. The employer claims it was
against firing and other action against you for some other reason. Susan thinks it may
(examples: suspension or demotion). been because she filed for workers’
If there is no specific anti-retaliation law, you compensation. She should ask herself:
can only sue your employer if the employer What has happened to other injured
fires you. It is illegal to fire you for a reason that workers in the same situation? (Example:
goes against public policy clearly expressed in Other people hurt on the job were fired
state law. Example: it is illegal to fire an soon afterward.)
employee for “whistleblowing” -- reporting that
Did the employer fire her for something
your employer has violated environmental,
other workers routinely get away with?
business, or health laws. If your employer fires
you for this, you can sue for “wrongful Did the employer violate their own rule?
discharge in violation of public policy.” (Example: The employer has a rule that
they will not fire you until you have gotten
Workers have the right to join a union. They
three written warnings. Susan ad never
have the right to come together to ask the
gotten a warning.)
employer to improve conditions without fear of
retaliation. Example: Six women work together Written statement of reasons for discharge:
sewing sleeves on jackets. The room where Under state law, you have a right to a signed,
they work is dark. They have trouble seeing written statement explaining why they
their work. They ask the manager to make the discharged you. Your employer must give it to
lighting system brighter. The manager fires you within ten working days of getting your
them. written request.
Sometimes an employer gives one reason for 6. Unemployment Compensation
taking action against you. You think the real
Unemployment insurance law covers most
reason is unlawful retaliation. You can win if
employees. While you are working, your
retaliation was a substantial factor in why the
employer pays into the unemployment
employer acted against you.
insurance fund. If you lose your job, you may be
Example: Henry hurt his back on the job. He eligible for unemployment compensation.
was out for two months. His employer
To be eligible for unemployment
pressured him to come back when Henry did
compensation, you must have worked 680
not feel ready. He had to leave early one day
hours in either the last four completed calendar
because he was in so much pain. Henry tried to
quarters OR the first four of the last five
tell his supervisor. He could not find her. He left
completed calendar quarters. A calendar
a written message on the secretary's desk. The
secretary did not find it until the next day.
122908EN | February 2018
quarter is a three-month period. Examples: employer by not logging and storing the
January - March, April - June. diamonds. She is fired and applies for
unemployment compensation.
You must also be unemployed through no fault
of your own. If you quit your job, you usually Karen's employer has a rule that a worker must
cannot get unemployment compensation, give 48 hours’ notice before taking vacation
unless you have a “good cause” to quit under time. Karen has violated the rule before and
state law. Before quitting, talk with a lawyer, gotten written notices that she must follow the
union representative, or the Washington rule. She violates it again, is fired and applies
Employment Security Department about for unemployment compensation.
whether your reason for quitting might qualify A: Hannah.
as “good cause.”
To qualify for unemployment compensation,
Q: Which worker probably qualifies for you must be able, available, and willing to
unemployment compensation? work. You normally fill out a claim form and
The employer transfers Monique to night shift. then submit continued claim forms during the
She works that shift for two months, but gets period of unemployment. If you lost your job
migraine headaches. Her doctor says these are due to domestic violence, you may still qualify
related to the night work. She takes a doctor's for unemployment compensation.
note to her employer and asks for day or swing If they deny your application for
shift work. It would not hurt the business to unemployment compensation, you should file
switch her to days. The employer refuses. She an appeal at the unemployment office or job
quits. service center. In a few weeks, you will have a
The employer transfers James to night shift. He chance to tell your side of the story at a hearing
quits right away, telling his employer he cannot before an administrative law judge. Many
stand working nights. hearings are done by phone. When you file
your appeal at the job service center, ask for a
A: Monique.
complete copy of your unemployment file. If
If you are fired or laid off, you will qualify for you are low-income and want help with your
unemployment compensation unless they hearing, call the Unemployment Law Project at
fired you for “misconduct.” Misconduct means (206) 441-9178 or 1-888-441-9178. The hearing
you acted in willful disregard of the employer’s is the most important part of the appeal
interest and hurt the business. Your act must process. It is the only time you can tell your side
be intentional or grossly negligent, or take of the story. You should bring witnesses to and
place after a warning against it. Mere present documents.
incompetence or a mistake in judgment is not
misconduct. 7. Remedies and Resources
Q: Which worker probably qualifies for If you are in a union, go to the union with your
unemployment compensation? workplace complaint. Your union has a duty of
fair representation. They might handle your
Hannah works at a jewelry store. She loses case. Your union might refer you to a lawyer or
$5,000 worth of diamonds because she did not an administrative agency that handles your
log them and put them in the safe. She did not type of claim.
steal them. She did not mean to hurt her
132908EN | February 2018
If you are not in a union, you still have options. Makes sure the meeting is safe and
This section reviews some. everyone is taking part in a
Under state law, if an employer’s unlawful straightforward, respectful way.
action deprives you of wages, you may be able Asks for agreement on ground rules
to win twice the amount of those wages in about civil behavior and honesty.
court. The court (even small claims court) can Makes sure no one feels intimidated or
award you twice the amount of your wages if it threatened by anyone else.
finds the employer acted willfully -- not just Mediation: Should I Use It?, available at
carelessly or because of a good faith dispute. washingtonlawhelp.org, has more info.
Informal Negotiation with Your Mediation can help when you have a hard time
Employer: communicating with a boss or supervisor. It can
You can present your complaint directly to your help if you think your needs are not being
employer. Here are some tips: considered or your legal rights are being
violated.
1. Keep records. Write down, for example,
what was said during a conversation Mediation may work best before you have filed
that bothered you, the true hours you a formal grievance or taken legal action. You
worked, or the names, address, and can also use it to settle grievances and lawsuits.
phone numbers of witnesses to Do not miss filing deadlines while waiting for
important events. mediation.
2. Bring a friend to take notes. Your focus Example: Jodi had to leave 15 minutes
should be communicating. Have your early one day to get her son from
friend write down exactly what daycare. Her supervisor, Annie, told her
everyone says. that Jodi could not do this, and not to
ask again for special favors. Jodi felt
3. Tell your side of the story as awful. She felt she let down her daycare
unemotionally as you can. Do not provider, who needed the 15 minutes to
distract your employer with emotions. go to a funeral for her best friend. She
You want them to focus on the facts. also felt Annie was mean, threatening,
4. Make sure your facts are straight. Check and unreasonable. Annie felt protective
and recheck beforehand. of Jodi and responsible for helping Jodi
keep good work habits. She was hurt
Mediation: that Jodi, who had always been very
Mediation is a meeting run by a mediator. You friendly, seemed unfriendly afterwards.
and a co-worker or boss talk out problems you In mediation, Jodi and Annie aired their
have with each other. Mediation is optional. complaints, explained their needs, and, with
The mediator the mediator’s help, came up with better ways
of talking to each other in the future. They left
Runs the meeting. mediation feeling better about themselves and
Is trained as a neutral facilitator. each other. They improved their working
Does not take sides or decide what relationship.
should happen.
142908EN | February 2018
Where to find a mediator: You can call a local Industries based on you complaining about
Dispute Resolution Center (DRC). DRC’s offer a unsafe working conditions - you must file
sliding fee scale based on your income. Ask within 30 days. If you miss that deadline, talk
your employer if they will to pay for mediation. with a lawyer.
If there is no DRC in your county, look on the Complaints of discrimination or retaliation to
web for “Mediation.” If all parties to the the Washington Department of Labor &
dispute agree to mediation, the mediator will Industries based on exercising your right to
schedule a private session at a neutral location workers' compensation - you must file within
in the area, at a time convenient for everyone. 90 days. If you miss that deadline, talk with a
Small Claims Court: lawyer.
If you have a small claim worth $5,000 or less, Complaints that you were discriminated
you can go to small claims court. This is quick, against for acting to get better wages or
cheap, and informal. Lawyers are not allowed. working conditions for workers at your job, or
How do I Sue in Small Claims Court, at for union activities - you must file with the
www.washingtonlawhelp.org, has more info. National Labor Relations Board within six
months. Different laws cover agricultural
Administrative Agency Complaints: workers and public employees. See “Where to
You can file some complaints with state and Get Help,” below.
federal administrative agencies. You should
know the time limits for filing and the process. Remedies:
If you are found to be a victim of employment
You will probably need to supply a description
discrimination or retaliation, you may be
of the facts and witnesses’ names and
entitled to a promotion, lost wages,
addresses. You must document your claim and
reinstatement to your job (or future wages),
keep copies of everything you file with an
payment of attorney's fees, and other damages
agency. This will help the agency investigate
to pay you for emotional harm, inconvenience,
your claim.
and/or monetary and non-monetary losses. In
Some important time limits for filing some cases under federal law, punitive
administrative agency complaints: damages are available.
Complaints of discrimination or retaliation to 8. Where to Get Help
the federal Equal Employment Opportunity
Violations of overtime, child labor and Family
Commission (EEOC) - you must file within 300
& Medical Leave Act - contact the U.S.
days.
Department of Labor:
Complaints of discrimination or retaliation to
Seattle Office
the Washington Human Rights Commission 300 Fifth Avenue S, Suite
(HRC) - you must file within six months. HRC 1130
can take your case only if your employer has Seattle, WA 98104
eight employees or more. If you miss the 206-398-8039, 1-866-487-
9243
deadline, or your employer has fewer than
Portland, OR Office
eight employees, talk with a lawyer. (Wahkiakum, Cowlitz,
Complaints of discrimination or retaliation to Clark, Skamania and
Klickitat counties)
the Washington Department of Labor &
152908EN | February 2018
620 SW Main Street Yakima
Room 423 888-201-1018
Portland, OR 97205
Tacoma, WA 98402
(503) 326-3057 Public Employees can get help from their
(1-866-487-9243) unions and many of the same agencies listed
above. They can also get help from these:
County and Local Employees:
Violations of federal discrimination laws - Public Employment Relations Commission
contact the Equal Employment Opportunity 112 Henry Street NE, Ste. 300
Commission (EEOC): PO Box 40919
711 Capitol Way So.
Seattle District Office:
Olympia, WA 98504
Federal Office Building, 909 First Avenue South, Suite 400
(360) 570-7300
Seattle, WA 98104-1061
800-669-4000
State Employees:
State Human Resources (SHR) Division, Office of Financial
Violation of union rights or your right to act Management
with other workers for better pay or working P.O. Box 47500
Olympia, WA 98504-3113
conditions - contact the National Labor 360-407-4105
Relations Board (unless you are a public
employee or agricultural worker): Federal Employees:
2948 Jackson Federal Bldg. Merit Systems Protection Board (Western Regional
915 Second Ave. Office)
Seattle, WA 98174 1301 Clay Street, Suite 1380N
(206) 220-6300 San Francisco, CA 94612-5217
(510) 273-7022 phone
Violations of state discrimination laws - call (510) 273-7136 – fax
the Washington Human Rights Commission
(HRC) at 1-800-233-3247. To Find Lawyers: Your county bar association
Minimum wage or overtime, unsafe working may be able to help. You can find a list of bar
conditions, meal or rest breaks, wage claims, associations here: http://www.wsba.org/Legal-
pay periods, retaliation for filing workers' Community/County-Bar-Associations. Some
compensation or health and safety claims - call counties have Lawyer Referral Services that
the Washington Department of Labor & charge a small fee for the first half-hour visit.
Industries. You can find the phone number for If you are low-income, you can get free legal
your local office online. advice and referral by calling the Coordinated
Agricultural Employees: If you have an Legal Education Advice and Referral (CLEAR)
employment law question, call Columbia Legal line at 1-888-201-1014 weekdays 9:15 a.m. -
Services or the Northwest Justice Project: 12:15 p.m.
Columbia Legal Services: Northwest Justice Unemployment Hearings: If you are low-
Tri Cities 888-201-9735 Project: income and need help with an unemployment
Wenatchee 800-572-9615 Wenatchee compensation hearing, call the Unemployment
Yakima 800-631-1323 888-201-1021 Law Project:
162908EN | February 2018
Seattle Office
1904 Third Avenue, Suite 604
Seattle, WA 98101
(206) 441-9178
toll free (888) 441-9178
For more info on the Earned Income Tax
Credit, call the IRS at 800-829-1040.
If you are interested in mediation of an
employment dispute, call your local Dispute
Resolution Center. For a directory, check
http://resolutionwa.org/dispute-resolution-
centers/. If your county does not have a
Dispute Resolution Center, Try the Washington
State Mediation Association’s Mediator
Directory for a mediator near you.
For more about unions and your rights to
organize and bargain collectively, call:
King County Labor Council South Sound Jobs
Union Cities Organizer with Justice
206-441-8510 (253) 473-3810
For more about welfare rights, call your
nearest legal services office or CLEAR at 888-
201-1014 weekdays 9:15 a.m. - 12:15 p.m. or
contact the Welfare Rights Organizing Coalition
through http://www.wroc.org/.
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