Legal Question in Employment Law in Washington

Re: Confidentiality between boss & employee.

Any communication with an employer is subject to disclosure to others in the company and even to investigators, lawyers, etc., if an action involving the communication is commenced. Even if the company has a policy of confidentiality, no law requires that it be honored. In some circumstances, privacy rights might be implicated, though in your fact summary it does not appear to be the case.

Your fact summary does raise another issue. While complaints about a supervisor may not be held confidential, retaliation based on your complaint might be protected conduct. In other words, depending on the subject of the complaint, it may be unlawful to retaliate against you for the complaint. Not all complaints are protected. Notably, complaints that go no further than complaints over supervision style, personality conflicts, etc., are not usually protected. To be protected, the complaint must deal with issues such as race, sex or age discrimination, overtime pay, illegal conduct (whistleblowing), safety concerns, and a few others.

Keep in mind that mere rudeness does not rise to the level of retaliatory conduct. Usually, for retaliation to be illegal, the supervisor must take some form of action that reduces pay, prestige, work opportunities, or other tangible work benefits, or that makes the job more onerous.

As you can see, the evaluation of your fact summary is not simple. You should seek the advice of a lawyer. An assessment by a lawyer is the best course of action. Only by having a lawyer (preferably one who is experienced in employment law) evaluate all the facts and circumstances can you determine what rights you might have.

NOTE: The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law. Be aware also that most employment claims have limited times in which to pursue them, after which your rights may be lost forever. If you intent to assert a claim, act promptly.