Legal Question in Employment Law in Washington
Can they fire everyone?
My son was fired today along with everyone else that
worked on his shift. The management said someone
had been stealing for months from the company and
they couldn't catch who it was so they had to fire
everyone on the shift in question. My son had just had
a good review and a raise along with early medical and
dental coverage that was to start today. The manager
said it was out of his hands, the owner had made the
decision, but that he would give my son a good
reference. (The owner is not know to the employees.)
Is this legal?
1 Answer from Attorneys
Re: Can they fire everyone?
Employment in Washington is what's known as employment at will. That means a company can hire or fire for a good reason, a bad reason, or no reason at all. This means they can make bad business judgments without legal recourse.
There are things that are illegal, e.g., discrimination, retaliation, whistleblower retaliation, contract violations (including employee handbook contracts), and more, and when an employer does things that don't make sense, it leaves the door open to say the real reason for the termination is an illegal one. Here, however, the action in question does not sound irrational, even if it is unfair or not the approach you or I might take. Check my website for more info. on Washington law: www.stellerlaw.com
Your son is eligible for unemployment benefits if he's been working full time for long enough. I encourage him to sign up, as he and his employers have been paying into that system. It will relieve some of the financial pressure while he looks for another job with fewer thieves or smarter owners. Sorry for the bad news, and good luck in the future.
Be aware that different lawyers have different opinions about the law, and there might be other facts that make a big difference to this analysis. If this just does not sit right with you, or if your son is out of work for a long time (like more than two months), be sure to get a second or even a third opinion, e.g., by calling lawyers listed in the yellow pages under Attorneys, Employment and Labor. If you had a serious medical problem, you'd seek a second opinion, why not for a legal problem?
Good luck,
Steve Teller
(206) 324-8969
www.stellerlaw.com