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Washington Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I was fired via email after reminding my employer that they had verbally agreed to provide disability accommodations.

I was also denied breaks and lunches because they said most of their workers don’t need them because that want to finish their job on time. I was promised extra time to finish task because I asked them for it due to my muscle nerve disease that causes severe muscle fatigue. Then I was fired for... View More

Brad S Kane
Brad S Kane
answered on Mar 28, 2023

While it sounds like disability discrimination, the case will likely be difficult to prove unless you have documentation showing your employer verbally agreed to allow you more time as a reasonable accommodation for your disability.

You can file a disability discrimination complaint with...
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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: What's the average compensation due to victim for wrongful termination due to retaliation for seeking internal transfer?

I have proof of retaliation.

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

First, each wrongful termination case is very fact specific, there is no "average" compensation standard.

Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to...
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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: I want to file a protection order against a coworker because of continued harassment. How do I do that in WA state?

The non-sexual harassment started on January 4th of 2023. I have filed two Ethics complaints against this employee. My company has not deterred the employee from continuing his behavior besides "The manager has talked with the employee." Can I file an "Order of Protection" or... View More

Brad S Kane
Brad S Kane
answered on Mar 7, 2023

You can file for a civil anti-harassment restraining order.

For instructions go to:

https://www.womenslaw.org/laws/wa/restraining-orders/civil-anti-harassment-orders/basic-information

1 Answer | Asked in Civil Rights and Employment Discrimination for Washington on
Q: Is it legal for my manager to write me up for fire me for having a chronic illness.

I have a chronic illness that prevents me from going to work some days,my manager wrote me up for attendance issues.

Brad S Kane
Brad S Kane
answered on Feb 28, 2023

Much more would need to be known including what are your doctor's restrictions, what efforts were made to have an interactive process to seek reasonable accommodations and why the employer cannot accommodate you.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Can you challenge an employer who wont provide ADA accommodation due to "hardship to the company"?

My employer has denied an employee an ADA accommodation request because it would "cause a hardship" to the company. I know this not to be true, and it is because my employer does not like the individual making the request. Is there some kind of appeal process for a denied accommodation... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 12, 2022

While the ADA does not require employers to grant accommodations of an employee's choosing, it does require employers to engage in an "interactive process" to identify accommodations that work for both parties. The co-worker should ask why the company believes their request would... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Can I sue previous employer for discrimination and stress injury?

I developed heart palpitations, 450 a day skipped heartbeats a day. It was caused by excess stress do to negligence from my employer. Me and several other employees would inform Human resources of thr behavior of the Store Manager, that was against company policy. Human resources told me to keep... View More

Brad S Kane
Brad S Kane
answered on May 19, 2022

First, you may have a retaliation claim depending on the types of misconduct by the manager that you were reporting to HR.

Second, you may have a claim for disability discrimination based on your termination after disclosing your heart condition and ADHD. However, without more context it is...
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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: How do I prove a common law name change to my employer?

I live in Washington State. I have gone by my middle name now for more than 30 years. My employer requires that my birth certificate name appear on my Outlook and the program our company uses to manage clients. With my close co-workers, this doesn't matter, but there are enough people I... View More

Brad S Kane
Brad S Kane
answered on Apr 17, 2022

In Washington state, while a common law name change based on usage is recognized, changing the name on your birth certificate requires a court order. The process is relatively inexpensive costs a few hundred dollars. For more info, go to:... View More

1 Answer | Asked in Employment Discrimination for Washington on
Q: What course of action should I take? I was told my accommodation was approved but my manager won’t provide any details

I disclosed my concerns about my trainer, and she refused to train me thereafter. I disclosed I suffer from bipolar ll and offered to provide documents for accommodation; I simply felt it would be best if I was transferred and trained.

Brad S Kane
Brad S Kane
answered on Feb 24, 2022

First, you should strongly consider sending an email to HR confirming the accommodation agreed to by your manager. You may also ask if there is anything you can do to facilitate the process.

Second, if you believe the accommodation is being unreasonably delayed, then you should consider...
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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: IF I DIDNT KNOW MY BOSS WAS GOING TO KEEPMY MONEY THAT HAVE SAVED UP, HOW MANY YEARS CAN I GO BACK TO GET MY MONEY?

I had set up an savings accont on the side with my boss to put half my wage on my check and the other in what he called a "nest egg" savings. We had this agreement for years, no problems what so ever.wheni went to California I took $5000 out of my savings so knew that I had money in my... View More

Brad S Kane
Brad S Kane
answered on Jan 19, 2022

If you have written documentation, including wage stubs showing that you earned the money and the employer put part of your pay in a "savings account" for you, then likely have claims for fraud, breach of contract, conversion and unfair business practices. Unfair business practices... View More

2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Washington on
Q: What to do

As an employee, Witnessed a manager debate and follow through with assaulting another employee with an ice cube, after stating that same action just broke his glasses, submitted an existential complaint to management, who also neglected their duties, and took adverse action, after the complaint and... View More

Brad S Kane
Brad S Kane
answered on Dec 15, 2021

You should consider filing a written complaint with HR and/or the top management of the company. The written complaint will at least document your complaint was made in case retaliation by the manager and higher management.

Before you send in the written complaint, you should have a lawyer...
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2 Answers | Asked in Employment Discrimination and Employment Law for Washington on
Q: i was attacked at my workplace and my employer wont get rid of her now im affraid to return what to do
Rhiannon Herbert
Rhiannon Herbert
answered on Oct 27, 2021

If you haven't done this already, you should report what happened in writing to both your supervisor and your employer's HR department and state that you feel you cannot return to work out of concern for your safety,

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1 Answer | Asked in Employment Discrimination for Washington on
Q: I am doing a depo for my employer, can I refuse it? What's the consequence if I refuse?
Brad S Kane
Brad S Kane
answered on Sep 5, 2021

If you are suing you employer and refuse to participate in the deposition, your employer can move for an order to compel your attendance and monetary sanctions, and if you still refuse to comply, the Court can dismiss your case.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Does Employer Lawyer get a chance to bring their witness in the trial or only the employee lawyer can?
Brad S Kane
Brad S Kane
answered on Sep 5, 2021

Both sides get the opportunity to call witnesses at trial. However, there are rules requiring disclosure in advance, so the other side can prepare.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I’ve requested a raise from my employee but have not heard back, even though they said all raises would start June 1.

I requested a raise from my employer 2 months ago as part of my annual performance review, after 4 years of working for them and receiving no merit increases for the past 3 years. In a company-wide email in April, HR said all performance reviews and merit increases would take effect by June 1,... View More

Carrie Dyer
Carrie Dyer
answered on Jun 23, 2021

Based on what you've described, there is no legal violation. Your employer is not legally obligated to give you a performance review or merit increase. If they chose to do so, they can implement the raise at any time of their choosing.

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: ADA Job Accommodation Request Was Denied

My ADA job accommodation request to work from home was denied. There is currently a vacant job (job was vacant at the time of my ADA job accommodation request) that my peers currently work from home. I've applied for the job, but haven't heard back. Does my seniority and ADA job... View More

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Hi, more information is needed here. An accommodation request does not give you priority if the employer has a policy that an employee must apply for a vacant position and they are given the same opportunity as the other applicants. However, some courts have held the opposite, and the disabled... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Washington on
Q: Should I file EEOC and sue?

My employer cut my hours and days due to my "negative energy" aka my depression. It has never affected me with my clients but my coworkers were "concerned" and told my manager who the district leader told her to cut my hours without talking to me before doing so.

Kyle Anderson
Kyle Anderson
answered on Jun 10, 2020

I would recommend reaching out to an employment attorney in your state for a consultation. Your depression may qualify as a disability under the Americans with Disabilities Act, so an adverse employment action (pay cut, termination, etc.) taken on the basis of your depression may be unlawful.

1 Answer | Asked in Employment Discrimination, Libel & Slander and Personal Injury for Washington on
Q: hurt on job in Alaska,had shoulder surgery on right shoulder,still hurt workers comp.quit paying and says not resp.

company says not responsible for any futher medical bills because I had pre-existing injury in 1991and had 6/7 cervical fused and hadn't had any problem until loader slid on the ice and flew off the road through the air.needing advice because i'm permantly dis-abled now.can pick up 5 lbs... View More

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2020

I'm sorry for your ordeal. This is something a workers' comp attorney should advise on, not a personal injury attorney. You could try reposting under workers' comp; if you do not receive a response, you could reach out to WC attorneys listed here or ones you find independently on... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: I feel discriminated against, my co-worker misses 50% of her scheduled shifts, she does not get reprimanded, I miss 1 dy

I miss 1 day and get written up and threatened to be fired. There is more to the story, but this one was brought to my attention 1 month after the fact. Can this be considered discrimination?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 18, 2020

Whether you have a claim for discrimination under Title VII of the Civil Rights Act of 1964 will depend on WHY you feel you're being discriminated against. If you are being treated differently than other employees based on your race, color, national origin, sex, religion, age (if you're... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: Is this illegal and do you think I would stand a chance if I took it to court???

So my situation is this. I applied for this front desk job at this local hotel a couple weeks ago and in the interview I disclosed my severe anxiety disorder to them. (I have also been diagnosed by a doctor) and they still hired me. I worked for a little over a week and the job was making me have... View More

Kyle Anderson
Kyle Anderson
answered on Dec 13, 2019

Your severe anxiety disorder likely qualifies as a disability under the Americans with Disabilities Act (ADA). It sounds like, because your anxiety was causing panic attacks at the front desk, you requested a reasonable accommodation of being placed in a housekeeping position. Your termination... View More

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