Legal Question in Employment Law in Washington

employment contracts

Upon hire I entered into an at will (+) an oral contract with ''T'' for long term employment ~ for no less than 2+ years and after 2 years I would then possibly take over ''T'' 's position for upper management/supervisor of nursing staff.

BACKGROUND INFO:

''C'' took ''R's'' position who was gone on sick leave and I was hired for ''C's'' position.

''R'' returned from sick leave and resumed her position - resulting in ''C'' without a position.

I was approached by ''T'' who stated, ''I'm sorry but I have to let you go because ''C'' wants her previous position now that ''R'' has returned from sick leave.

I was told I was an excellent employee, I had done a wonderful job but there were no other available positions.

I was also told that I was eligible for re-hire.

I received zero notice and the termination was immediate.

I asked for and received a letter of recommendation (glowing).

Given the facts as I view them - shouldn't ''C'' be the be the odd man out with myself retaining the position in which I was hired ?

Is this legal ?

Do I have any recourse ?

Can I get my job back ?

How ?

Need I fear from retaliation, as I have a medical license to consider ?

Can you help ?

Thank you,

T.


Asked on 8/05/08, 4:40 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: employment contracts

Employment in this state is "at will". You stated that you had an oral contract. The problem is, if the contract by its terms cannot be performed within a year, it MUST be in writing. A contract for employment for two or more years is not binding unless written.

Unfortunately, this is legal, and I don't see a way for you to get your job back absent additional facts. (For example, is there in union contract in there somewhere?)

Under the conditions you describe, you do qualify for unemployment while you look for other work. My advice to you would be not to try to fight this. In my opinion, you have a fact pattern that will not get you a "win". What you stand to lose is the "glowing recommendation" that your former employer is now giving you, and that you could lose if you fight.

I'm sorry I don't have better news for you. Good luck.

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Answered on 8/05/08, 6:05 pm


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