Legal Question in Employment Law in Washington

Re: unfair treatment

There's lots of information missing from your post. I assume the person you feel is being treated unfairly is you. It is not clear whether you are concerned about whether the agreement is binding upon you or the employer.

Perhaps you accepted the position, and after some thought, would rather have your old position. You do not have to take the new position, but your employer does not have to give you back your old position, particularly if your employer has already hired someone else for the spot.

More probably, you accepted the position, and now your employer has changed its mind and wants to put someone else in the spot. Have you taken steps in reliance on being assigned to the new position. For example, have you purchased uniforms or equipment, or sold you house in anticipation of relocating for the employer? If so, there may be grounds to at least recover financial losses you may have suffered.

Otherwise, you really can't do much. In Washington State (and nearly all other states) your employer can fire you for any reason except an illegal one. If your employer can let you go from the position at any time, there is really no way to demand that position.

An illegal reason would be one specifically forbidden by law. If you think your employer is refusing to promote you because of your race, gender, age, religion, national origin, marital status or sexual orientation, or because you are a whistle blower or have filed a worker's comp claim (to give some examples), you may have some legal recourse. However, bear in mind that bringing a claim against your employer is not a way to ensure a pleasant work environment or a long future with the company.

If you are a member of a union, you may have additional rights, depending on your union contract. See your union rep if you have one.

Unless this is an ongoing problem and has happened to you several times AND you think it is the result of an illegal (see above) motivation, you are better off to graciously let this go and work toward qualifying for the next opportunity, or, if appropriate, look for work with another employer. It is always easier to find the right job when you already have one.

Re: unfair treatment

It depends on a lot of things, such as whether the person who made the offer had authority to make the offer; whether you could reasonably on the offer; whether you made any changes to your position in accepting; etc etc. For example, did you move from one city to another?

I take it that you did not get the position.

Merry Kogut

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