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Van Camp & Deissner Law Offices, 1707 W. Broadway Ave.,  Spokane, WA 99201

 

 

EMPLOYMENT DISCRIMINATION
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."

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.
Exceptions to "at will" firing There are two categories of exceptions to the "at will" doctrine:

  • Contracts

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.

  • Public Policy Discrimination.
    There are a number of reasons for firing that are not acceptable. These include:
    • Discrimination based on race, age, sex, national origin, marriage status, religion.
    • Discrimination based upon disability.
    • Firing for reasons that violate public policy, such as whistleblowers or good samaritans.

What to do if you think your were discriminated against. Proof

  • 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

  • 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.

Call us, we will be happy to consult at no cost to you and see if you have a case.

On Your Side! 

 

This website created and maintained by Dustin Deissner:  Original Layout Design by www.rickyswebtemplates.com
Last updated 02/2005