Legal Question in Employment Law in Washington

Re: employment law

Yes, you can fight this. There are several steps that I urge you to take. Some of them have a deadline, so please act quickly if you decide you want to fight this.

First, find out if your union plans to pursue the grievance further. Get a copy of the contract that applies to your bargaining unit, if you do not already have one.

Second, whether your union plans to pursue this or not, file a complaint with the WA Human Rights Comm (their website, if you want more information, is www.hum.wa.gov) OR with the EEOC (website is www.eeoc.gov)(the software on lawguru does not allow me to give you their phone numbers). File with either one, but within 180 days of the occurrence. I'm concerned because if your union has been pursuing a grievance procedure, time has passed already, and you need to file with either the EEOC or WHRC and exhaust that remedy BEFORE you can bring a private discrimination suit.

Finally, if you have not done so already, apply for unemployment. (Unless, of course, you have already found other work.) (I am also assuming that your injury on the job did not render you unable to work.) The extra income won't hurt while you look for other work, but it will also force your employer to put in writing why they terminated your position.

If, in response to your unemployment application, your employer indicates you were fired, you will be turned down. Immediately send the Emp Sec office a letter indicating you want an appeal.

Finally, the EEOC or the WHRC might indicate they do not want to pursue your case. If you go to the WHRC first and they don't take the case, then go to the EEOC as soon as possible after that. The EEOC may also not take the case. (And you can just go to the EEOC first.) If they do not, it does not mean you do not have a good case. It might only mean that your case is not particularly "ground breaking". As long as they give you a "right to sue" letter, you should not be discouraged. You can then follow up and bring suit privately with your own attorney, a procedure that is likely to move more quickly anyway.

These cases are always very fact dependent, so it is hard to predict how things will turn out, but from what you've told me so far it would be worth your while to pursue the above steps. Of course, it will be helpful to ask an attorney to step in and help you at any point in the above process, but I would strongly recommend you get one if you get a "right to sue" letter from the EEOC, or if you have to appeal your application with Employment Security.

Good luck, and I hope your on the job injury has since healed up!