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Van Camp & Deissner Law Offices,
1707 W. Broadway Ave., Spokane, WA 99201 |
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EMPLOYMENT
DISCRIMINATION
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If you are fired or demoted, or have to quit your job because of intolerable
conditions, what are your rights?
Washington is an "at will" State, which means that, in general, your employer
can fire or demote "at will," for no reason, or for any reason -- unless
it is the wrong reason. The flip side of the coin is that you, too,
may quit "at will."
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| Many clients seek us out saying they were fired and that their employer
harassed them and acted like a real jerk. Sadly, in Washington, the
employer being a jerk is not a valid basis to sue. Your employer can
be as big a jerk as he/she wants, unless they cross one of the lines explained
below. All we can do is tell you that you're probably better off not working
there. |
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| Exceptions to "at
will" firing |
There are two categories of exceptions to the "at will" doctrine:
Where you have a written agreement covering the terms of employment. Sometimes
this may be found in an employee handbook, or there may be a formal contract.
If you belong to a Union, there are different rules.
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Public Policy Discrimination.
There are a number of reasons for firing that are not acceptable. These include:
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Discrimination based on race, age, sex, national origin, marriage status,
religion.
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Discrimination based upon disability.
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Firing for reasons that violate public policy, such as whistleblowers or
good samaritans.
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| What to do if you
think your were discriminated against. |
Proof
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Employment discrimination cases often succeed or fail based upon proof.
The lawfulness of a firing often depends on the Employers
intent. Intentions are difficult to prove, since we can't climb
into a person's mind. So it is important to get the names of witnesses,
to keep copies of any documents, and to ask your employer to explain the
basis for actions against you, in hopes they will give their reasons.
Report
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We recommend that you report your case to the
Human Rights Commission and/or
Equal Employment Opportunity Commission
before coming to us. These agencies are charged with investigating
and resolving you case where possible, without expense to you. If they
cannot resolve the case they will give you a 'right to sue' letter, and then
we would get involved.
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Call us, we will be happy to consult at no cost
to you and see if you have a case. |
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