Legal Question in Employment Law in Washington
Fired for being a spokesman
I was appointed spokesman for my crew in a recent labor/management meeting. Where the boss and the workers all sit down at the table and talk about problems, the idea being, we can collectively solve problems and make things better if we get all of our cards on the table.
I said that the crew felt we had been lied to because management had told us at the beginning of the summer that we would all be working a lot and promised us overtime and a lot of work. Then, at the beginning of July, they told us we were taking two weeks off in July and another two weeks off in August. The crew had turned down other jobs based on promises by management, and then they didn't come through. I didn't threaten any kind of action on the part of the crew, I just said we felt we had been lied to and we were unhappy. After the meeting, the boss took me aside in the elevator and told me that my services were no longer required and I should clear out by the end of the day. My evaluations have always been great and I have been with this company for 12 years. No reason was given for firing me, so I can only assume it was because I honestly laid our cards on the table. Do I have any recourse?
1 Answer from Attorneys
Re: Fired for being a spokesman
Yes, you should have some recourse. Even though there is no union (I assume) at your former place of employment, you still have certain collective bargaining rights. Speak with an attorney who practices "Labor" law (which is closely related to, but slightly different from "Employment" law). It is probable (though I do not know all the details,so I cannot say for sure) that your termination was wrongful.
Meanwhile, I would also recommend immediately applying for unemployment. Of course, the unemployment benefits will be helpful, but the application process will also get these issues quickly on the table. If your employer disputes your right to the benefits (and they probably will) and you are denied, either retain an attorney to help you with that as well, or follow the directions regarding appeal on the Employment Security documents very carefully. The window to appeal is very small and if you do not follow through timely and properly, you cannot undo the damage later.
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