Legal Question in Employment Law in Washington

I've been working for the same company (a very small grocery/deli in Seattle w/ 13 employees) for about 2.5 years. A little more than a year ago, my entire job - function and hours - were changed on me. I was told it was temporary, and didn't cause an issue. The schedule I work (mix of days and nights, previously only nights) has been very hard on me, I've had a lot of health complications due to it, and find it nearly impossible to reorient my schedule twice a week. This leaves me having trouble waking up and making it to work on time, though this is only an average of 10-15 min, and I understand that's 100% my problem.

The issue is with an aggressive supervisor - it started last year when he would refuse to send me on my legal breaks, sending my co-workers by name and covering for them, but ignoring me unless I confront him on it and find someone to cover for me myself. He is constantly on me, attempting to discipline me for things that he ignores in other employees (he ignores illegal activities from other employees, also), but I've mostly resigned myself to it. However, I now feel like he's trying to bully me into quitting.

Last Tuesday, I went home sick because I was vomiting uncontrollably. After clocking out, on my way out, he cornered me and tried to get me to sign a paper about the tardiness. I refused, on the basis that I wanted to talk to our boss - the owner - about my scheduling first. He then started screaming at me, telling me to find a new job, then, and hung a help wanted sign after I left. Wednesday, I worked. Not one supervisor said a word to me (not so much as hello). Thursday, I worked. Same thing. Today, I came into work, the sign was still there, and my supervisor had put '?' instead of my name on my daily paperwork. The store owner came over and talked to me about the papers, I discussed my schedule, and it was established that they have no intention of hiring anyone in addition to the current employees. I was given a paper saying to be late again would be grounds for termination, which I did not sign. Even still, that sign is hanging. I feel like they're trying to bully me into quitting. I understand this is at-will employment, and the various implications of that, but am I stuck here? Do I have any recourse, or is my only option to be fired or quit and be with no source of income?


Asked on 6/13/11, 4:16 pm

1 Answer from Attorneys
Charles Cruikshank Cruikshank Law Office-Since 1975

Your situation as described seems to be lacking in what you think is the reason you are being harassed and threatened. If it for a prohibited reason, such as religion, gender, sexual preference, etc., and you can find evidence to show that you are subject to discrimination for unlawful reasons, then you may have recourse. If not, your recourse is very limited and maybe impossible. You have to be able to show discrimination for unlawful reason(s) to have much of a chance to challenge or seek damages for the apparent constructive discharge that seems to be imminent.

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Answered on 6/14/11, 8:55 am


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