Asking for your pay, discussing your pay, or making a wage complaint. Washington wage law prohibits employers from retaliating against employees for complaining that they have not been fully paid minimum wage or overtime wages, filing or participating in a legal claim for unpaid wages, discussing or asking about their compensation, or asking about a lack of opportunities for promotion or job advancement. These laws protect employees who make internal wage complaints to their employers as well as those who file a complaint with a government agency or a court.
Illegal Employment Retaliation – Washington Law
Illegal retaliation under state and federal law occurs when an employer takes an unfavorable employment action towards an employee because the employee engaged in a protected employment activity. This means the employee took an action in relation to the employment that the employee has a specific legal right to take. Many different state and federal laws designate certain kinds of employee activities as protected.
Protected employment activities can include things like voluntarily discussing your wages, asking your employer to pay wages or other compensation owed, or making a wage claim; using sick time or other protected leave time that you are entitled to use; requesting an accommodation for a disability or for pregnancy; making a workplace safety complaint; filing a workers’ compensation claim for a workplace injury; objecting to an illegal workplace policy or practice; reporting a crime; or filing a legal claim against your employer. The anti-retaliation laws that apply can also depend on whether you work in Oregon or in Washington (or both).
A protected employment activity isn’t necessarily the same as an action that the employer permits under its handbook or policies, although many employers do have written policies about employees’ rights under the law (like a discrimination-free workplace, or sick and medical leave time, or reporting workplace injuries and safety hazards). Generally, the law looks to whether the activity is specifically protected by an anti-retaliation law or is implicated as protected by law and state public policies.
These inquiries can be both law- and fact-specific. Employees don’t need to use any special words or phrases to “invoke” a legal employment right, but it’s also important that the employer has enough information to know that’s what the employee is doing. Some employment laws also set out more specific procedures for exercising and enforcing employment rights. These can include things like written documentation or notices to the employer, or requiring the employee to file a complaint with a state or federal agency before suing the employer in court over a retaliatory action. For all these reasons, employees who believe their rights have been violated shouldn’t delay in seeking legal advice.
Washington Employer Retaliation Lawyers – Protecting Your Rights
Employees who have been negatively impacted in their employment because of retaliation for a protected activity may be entitled to legal remedies, including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, additional monetary amounts as a penalty against the employer, and court orders requiring the employer to take other actions to remedy the retaliation.
Under these laws, employers are often also required to pay the legal fees and costs of a successful employee. The experienced employment retaliation attorneys at Schuck Law work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients. If you believe your employer has illegally retaliated against you, the Washington employment lawyers at Schuck Law may be able to help.
Call 360-566-9243 to find out if Schuck Law can help you and to set up a free initial phone consultation with a knowledgeable Washington employer retaliation attorney.
Retaliation & Whistleblowing In Washington: Frequently Asked Questions
What is the difference between whistleblowing and reporting a workplace grievance?
Whistleblowing involves reporting violations of law or risks to public health or workplace safety. Generally, federal and state laws protect employees from retaliation for reporting illegal or unsafe conduct or conditions to a workplace superior or to an outside government agency (for example, OSHA), or for participating in a work-related investigation by a government agency. Other types of individual workplace disputes and grievances, like personality conflicts with coworkers or supervisors, disagreements over work assignments, or individual contract disputes may not qualify for whistleblower protection unless they involve broader legal or public safety issues or are motivated by illegal discrimination.
Am I still protected if my employer doesn’t act on my complaint?
Whether or not the employer addresses the suspected illegal or unsafe activity, or even finds that its conduct complies with the law, employees are still protected from retaliation for making a good-faith report of unsafe or illegal working conditions. The protection exists regardless of whether an investigation occurs, the wrongdoing is substantiated, corrective action is taken, or the employee’s report leads to any other outcome. A good faith belief that illegal or unsafe conduct or conditions occurred, reported to a person or agency who has the authority to take action, is typically sufficient for protection. This is true even if no further action is taken or if the report proves to be incorrect or unfounded.
Am I protected if I talk about my pay or ask for the pay I’m owed?
Yes. Employers cannot retaliate against employees for filing wage claims or exercising wage and hour rights. Retaliation for assisting coworkers with wage claims is also illegal. This can include things like sharing information about your wages or about wage and hour violations, participating in group complaints about unpaid wages, encouraging coworkers to report wage violations, or testifying as a witness in a wage claim investigation or proceeding. Protection extends to all employees who assist in wage claim activities, not just the primary employee making the claim.
Am I protected if I file a workers’ compensation claim?
Yes. Employers cannot retaliate against employees for reporting workplace injuries or filing a workers’ compensation claim. However, generally, an employer can still discipline an employee for violating workplace safety practices if the employee’s unsafe conduct caused a safety violation or a workplace injury.
Am I protected if I report illegal discrimination or retaliation against another employee?
Yes. Both federal and state laws protect employees from retaliation for reporting what they believe to be illegal discrimination, illegal retaliation, and other types of unlawful actions by the employer, even if the employee who makes the report wasn’t the original target of the employer’s unlawful acts.
Protected Actions Under Washington Law
- Wage Complaints: Washington Minimum Wage Act / Washington Equal Pay Act
- Workplace Safety Complaints and Injury Reports: Washington Workers’ Compensation Act
- Protected Medical Leave Time: Washington Sick leave, Washington Paid Family Medical Leave (Washington PFMLA), and Washington “Safe Leave”
- Disability and Pregnancy Accommodations: Washington Law Against Discrimination (WLAD)
- Discrimination Based on a “Protected Personal Characteristic”: Washington Law Against Discrimination (WLAD)
- The Washington Silenced No More Act (SNMA)
Washington Whistleblower Protections
Washington state employment laws protect employees’ rights to be safe from retaliation for protected actions including but not limited to:
Wage Complaints: Washington Minimum Wage Act / Washington Equal Pay Act
Workplace Safety Complaints and Injury Reports: Washington Workers’ Compensation Act
Making a workplace safety complaint or filing a workers’ compensation claim. The Washington Industrial Safety and Health Act (WISHA) and the Washington workers’ compensation law prohibit employers from any action that would deter employees from exercising their rights to a safe workplace under WISHA, or from retaliating against employees for filing a workers’ compensation claim or informing the employer of an intent to file workers’ compensation claim. These laws do not prohibit employers from disciplining employees for failing to adhere to safe workplace practices. Some types of retaliation complaints under these laws must be filed with the Washington Department of Safety and Health (DOSH) prior to filing a court case. There are strict timelines for filing these kinds of administrative complaints, so employees who believe their rights have been violated shouldn’t delay in seeking legal advice.
Protected Medical Leave Time: Washington Sick leave, Washington Paid Family Medical Leave (Washington PFMLA), and Washington “Safe Leave”
Asking for or using sick time or protected medical or safety leave time. Washington sick leave law, Washington paid family medical leave law (PFMLA), and Washington “Safe Leave” law all prohibit employers from retaliating against employees for asking about their rights to protected leave; for using protected leave to which they are entitled; for objecting to an illegal denial, interference with, or retaliation for using or requesting protected leave; or for filing or participating in a legal claim related to protected leave. Employees are generally entitled to return to the same job position, schedule, and pay after using protected leave time.
Disability and Pregnancy Accommodations: Washington Law Against Discrimination (WLAD)
Requesting an accommodation for a disability, due to pregnancy, or for safety from domestic or sexual violence or hate crimes. Washington’s laws against disability discrimination, pregnancy discrimination, and discrimination against survivors of domestic or sexual violence and hate crimes prohibit employers from retaliating against employees for asking about their rights to accommodations, for requesting an accommodation, or due to the need to provide accommodations. Employers also cannot force pregnant employees to accept changed job conditions as an unwanted “accommodation” for pregnancy, or to take an unwanted leave of absence due to a pregnancy. In some cases, managers, other individuals, and businesses can be held personally liable for retaliation under these laws.
Discrimination Based on a “Protected Personal Characteristic”: Washington Law Against Discrimination (WLAD)
Complaining about illegal discrimination based on a “protected personal characteristic.” The Washington Law Against Discrimination (WLAD) prohibits employers from retaliating against employees for asking about or invoking their rights to be free from discrimination based on a “protected personal characteristic” (race, color, religion or creed, national origin, citizenship or immigration status, sex, sexual orientation, marital or parenting status, age, veteran or military status, or disability); for objecting to employer policies or actions that discriminate based on a protected personal characteristic; or for requesting an accommodation for disability or for pregnancy. In some cases managers and other individuals, as well as businesses, can be held personally liable for retaliation under these laws.
The Washington Silenced No More Act (SNMA)
Complaining about other types of employer acts that the employee thinks are illegal. The Washington Silenced No More Act provide broad anti-retaliation protections that prohibit an employer from retaliating against a current, former, or prospective employee for disclosing or discussing workplace or work-related conduct that the employee reasonably believes to be illegal harassment, illegal discrimination, illegal retaliation, a wage and hour violation, sexual assault, or any other employer acts, policies, or workplace directives that are illegal or violate Washington state public policy. Protected actions can also include providing information or documents to law enforcement or a government agency, or to an attorney in order to seek legal advice or representation. Employers cannot demand or even request that employees agree to give up these rights. Additional rules and protections may also apply to government workers.
Under Washington law, employees who have been wrongfully fired or have suffered illegal retaliation may have legal claims against the employer for money damages including monetary penalties against the employer, legal costs and fees, and other remedies.
Other Illegal Employer Acts and “Whistleblower” Protection Laws
The examples of “whistleblower” protections listed here aren’t exhaustive. For personalized guidance regarding employment law violations, consult with an experienced employment attorney.
The attorneys at Schuck Law work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients. Call 360-566-9243 to find out if Schuck Law can help you and to set up a free initial phone consultation with our attorneys.
Schuck Law: Protecting You From Employment Retaliation
If you believe your employer has retaliated against you in your pay, promotions, or other terms of employment because of a protected activity, the employment law attorneys at Schuck Law may be able to help you with your legal claims. Employees who have been fired, denied a promotion or pay raise, or otherwise suffered retaliation in their employment due to a protected activity may be entitled to legal remedies including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, additional monetary amounts as a penalty against the employer, and court orders requiring the employer to take other actions to remedy the retaliation. Under these laws, employers are often also required to pay the legal fees and costs of a successful employee. The employment retaliation lawyers at Schuck Law work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients.
Call 360-566-9243 to find out if Schuck Law can help you and to set up a free initial phone consultation with our employment law and wage recovery lawyers.
Important Legal Disclaimer: This website contains general information only, not legal advice. It is not intended, nor should it be relied upon, as legal advice. Reading of this website does not create an attorney client relationship. Each employment situation has unique facts, which when considered by the lawyers at Schuck Law, would result in specific legal advice or opinions. For this reason, Schuck Law does not guarantee any actions taken by any person or entity based upon another’s interpretation of this website. If you are an employee and want to discuss your specific situation, our lawyers offer consultation with no obligation to pay any money, sign up, or incur lawyer fees. Schuck Law generally takes nearly all cases on a contingency fee basis making employers pay the employee’s lawyer fees to Schuck Law. If the employee does not sign a fee agreement with Schuck Law, no attorney client relationship is formed. Despite this fact, communications with Schuck Law are confidential.