Legal Question in Employment Law in Washington

Wrongful discharge after filing an L&I claim

5/19/08 I injured my shoulder while having to move my office to the new store without help. I filed an L&I claim and was fired less than 2 weeks later, the reason I was given was a lie. I refused to sign the employee release. I sent a letter to the president stating it was wrong. L&I contacted the employer in the AM hours for compensation on 6/18/08 and at 6:30 PM a higher up from the Co. called me to let me know that they were wrong and I can work with the Co. but only if it's in a differant division. I still have not been compensated for my time loss which is $1200.00 to date, 6/21/08. The Co. dropped my medical/dental/vision insurance the same day I was fired yet I will have to go through the waiting period of 4 months to get it again if I return to the company. I was to have reviews in which I only had 1, I was to have a raise but never got one and now they can't seem to find my review. We have a program at work where we can give praise to employees or make complaints, all of my praises from fellow employees were deleted. I had never been written up, had a complaint or warned whereas some employees have but are still working there. Any advice would be greatly appreciated. Thank you.


Asked on 6/21/08, 12:44 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: Wrongful discharge after filing an L&I claim

First I will discuss your legal rights, and then I will give you some practical advice.

Your employer is still subjecting you to adverse employment action and so they are still "out of bounds" legally. L & I may be able to step in for you again. Your employer appears to believe that all they have to do is rehire you to make it right. They cannot demote you, and they should have paid your lost wages during the time that you were wrongfully terminated.

Now the practical advice. If it is at all feasible for you, start looking for another job now. This employer clearly resents having to take you back and, from what you say, appears to be doing only what they believe to be the bare minimum to keep out of trouble. (In fact, they could still be in trouble.) Sooner or later, there is a good chance that they will find another excuse to terminate you. I have seen again and again among my clients who have been wrongfully terminated that they have a terrible time finding work. Why? Until their case resolves (which could take years), most of their employers will tell prospective employers when asked, "This employee is not subject to rehire here." Prospective employers do not ask why, and if they do, they are not told.

Bottom line; it is always easier to find a job when you have one. And generally, prospective employers will understand if you let them know that you do not want your current employer to know you are looking.

If you are not able to find other work, and your employer does terminate you, you should seek the help of an attorney at that time, because you will almost surely have a case. But you will be in much better shape, both in terms of your stress levels and in terms of your wallet, if you can avoid that necessity by simply moving on to a better employer.

Good luck!

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Answered on 6/21/08, 2:17 pm


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