Lynden, WA asked in Employment Discrimination and Employment Law for Washington

Q: Am I being treated unfairly and a victim of work place retaliation after reporting safety concerns about a new coworker?

My manager hired a man who has a lengthy history of DV and he is aggressive verbally to our female co workers. I looked at his legal history and discovered the charges. I brought it to the attention of the manager and she said that we should avoid pushing his buttons. Her boss found out about the situation and she was in trouble. She has since been passing me up for training opportunities and giving them to him and has cut my hours in half and has given him the hours even though I have been there longer.

1 Lawyer Answer

A: If you believe you're being treated unfairly or retaliated against at work after reporting safety concerns, let’s break down what’s happening and explore your options. Washington State has laws in place to protect employees in situations like yours, so you may have recourse.

Protections Under Washington State Law

Washington law protects employees from retaliation for reporting safety issues. The key law here is the Washington Industrial Safety and Health Act (RCW 49.17.160). This law says employers can’t punish or discriminate against employees who:

Speak up about workplace safety concerns.

File a safety complaint with a supervisor or the Washington State Department of Labor & Industries (L&I). https://www.lni.wa.gov/workers-rights/workplace-complaints/safety-complaints

Additionally, federal laws under OSHA (Occupational Safety and Health Act) also protect you from retaliation for reporting safety violations.

What Counts as Retaliation?

Retaliation means your employer takes an adverse action against you because you reported safety concerns. This could include:

Firing or demoting you.

Cutting your hours or giving you a bad performance review.

Changing your job duties in a negative way.

For it to count as retaliation, there needs to be a connection between your safety report and the adverse action taken against you.

What You Should Do Next

Document Everything: Write down exactly what happened—when you made your safety report, who you told, and what happened afterward. Keep records of any changes in how you’ve been treated at work.

Talk to HR or Management: If your workplace has an HR department or a process for complaints, report what’s happening. Clearly explain that you think you’re being treated unfairly because of your safety report.

File a Complaint with L&I: You can contact the Washington State Department of Labor & Industries and file a retaliation complaint. They’ll investigate and see if your rights have been violated.

Consider Legal Help: If things don’t improve or if you’ve suffered serious consequences, it’s a good idea to talk to a lawyer. They can help you understand your rights and decide on the best course of action. In some cases, you could be entitled to compensation.

How to Know if It’s Retaliation

Ask yourself these questions:

Did the negative treatment start soon after your safety report?

Are you being singled out while others are treated differently?

Does the punishment seem unfair or out of the ordinary?

If the answer to these questions is yes, it’s possible you’re experiencing retaliation. Let me know if you need help taking the next steps, like filing a complaint or exploring your legal options.

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