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2908EN February 2017,SHOULD I READ THIS 2,1 HIRING 2. 2 ON THE JOB 3,Wage and Hour Laws 3,3 INCOME TAXES AND EARNED INCOME TAX CREDIT 5. 4 HEALTH AND SAFETY IN THE WORKPLACE 6,5 DISCRIMINATION AND RETALIATION 8. Age Discrimination 9,Race and National Origin Discrimination 9. Sex Discrimination and Sexual Harassment 10,Religious Discrimination 11.
Disability Discrimination 11,Retaliation 12,6 UNEMPLOYMENT COMPENSATION 13. 7 REMEDIES AND RESOURCES 14,Informal Negotiation with Your Employer 14. Mediation 14,Small Claims Court 15,Administrative Agency Complaints 15. Remedies 16,8 WHERE TO GET HELP 16, This publication provides general information concerning your rights and responsibilities It is not intended as a. substitute for specific legal advice This information is current as of February 2017. 2017 Northwest Justice Project 1 888 201 1014, Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non commercial.
purposes only,2908EN February 2017,Should I read this. Yes for general info about employment rights race marital status national origin disability. in Washington State This is only an overview It or because they might want to join a union No. does not give details It should not replace legal employer can legally ask questions that might. advice from a lawyer show a bias or discriminate against you based. on these things An employer can ask questions,For more about your legal rights read one of. to help him her evaluate how you will do at a,the resources listed in the Where to Get Help. specific job,section at the end of this publication. In some places in Washington,This publication focuses on.
State employers cannot legally,private employment Public. employees you work for a local ask about your politics or sexual. county state or federal agency orientation, have other different rights The Here are some examples of questions that are. section at the end of this legal and not legal,publication called Where to Get NOT LEGAL LEGAL. Help has a list of some agencies UNLAWFUL TO ASK OKAY TO ASK. Sex discrimination It is okay to ask if you,that help public employees. Specific questions can meet the work,about your marital schedule or if you.
The following agencies generously helped to status spouse have other. create this resource Columbia Legal Services children child care commitments that. the Northwest Justice Project the Legal Voice arrangements whether might keep you from. you are pregnant or coming to work,the Unemployment Law Project and the. intend to become, Thurston County Dispute Resolution Center pregnant or about your. dependents,Disability based It is okay to ask if you. 1 Hiring discrimination can perform the, Your first step towards employment may be Questions about the functions of the job. nature severity or with or without, filling out a job application or having a job extent of a disability or accommodation In.
interview This is your chance to show the whether you need some cases the. employer that you have the skills to work for accommodation employer can ask you. them This section explains what kinds of to perform physical. questions the employer may legally ask you in tasks such as lifting. the interview or application,National origin It is okay to ask if you. This publication talks a lot about discrimination can speak a foreign. discrimination Generally discrimination Questions about your language. means treating certain people differently than race ancestry. others Discrimination is illegal when people are birthplace first. language clubs,treated differently because of their age sex. 2908EN February 2017, Drug testing It is legal for a private employer Example A new manager comes on the job. to require a drug test of its employees unless She wants to hire new staff She fires you even. the employer uses the test to discriminate though your work has been satisfactory You. against certain people Example it would be have no union contract or other binding. against the law if the employer only gave agreement that restricts the employer s right to. women or African Americans a drug test fire you at will The firing is legal unless it meets. one of the exceptions discussed in section 5,Public employers are more below. restricted in their ability to Pay attention to the following list of what is. require drug testing expected of you as an employee Employers are. often concerned about these things Violating, I 9 forms Your employer must get information these things can often lead to dismissal.
from all employees showing they may lawfully,Be on time for work. work in the United States Employees must sign, a form called an I 9 form It lists the types of Do not leave the work site without notifying. identification allowed An employer must someone, accept any form of ID on the list If you believe Do not be absent from work without. your employer has treated you unfairly because permission. of the documents they have asked you to, provide call the U S Justice Department Office Be courteous to fellow employees and the. of Special Counsel at 1 800 255 7688 202 public, 616 5525 or 1 800 237 2515 TDD for hearing Follow the employer s health and safety.
impaired rules, At Will Employment v Employment Contracts Most employers will ask you to sign an. Most employment is at will You can be fired employment application The information you. at will for any reason or none at all as long as give on the application must be accurate. it is not for one of the illegal reasons discussed Employers often fire workers who gave false. below information on the application, You can lose your job after spending a lot of 2 On the Job. money to move or after giving up another job, to take this one Most employees in this Wage and Hour Laws. situation have no legal claim against their Minimum Wage As of 2017 the state. employer minimum wage for most workers in, At will employment also means you can quit Washington is 11 an hour 9 35 an hour for. your job at will for any reason any time workers under age 16 The state adjusts the. minimum wage every January based on, Union contracts give you more rights so that inflation If an employer does not pay you.
you are not an at will employee Also some minimum wage they may be liable for twice. employment contracts and personnel manuals the amount of wages owed you. make promises an employer must keep such as, a promise to fire you only for certain reasons Piece Rate You must be paid minimum wage. or only after going through certain procedures even if your work is by piece rate Example. Samuel works for a janitorial service that pays,2908EN February 2017. its workers 200 for each floor of a big office An employer who does not pay. building they clean Samuel recently spent a 40 you overtime may be liable for. hour work week cleaning a single floor If he is,twice the amount of overtime. paid 350 for the week he has earned less than, the minimum wage which is 11 x 40 or 440 wages you are owed. Samuel s employer underpaid him by 90,Wage Claims The employer must pay you at.
You count minimum wage for piece rate by the least once a month If you quit or are fired you. week not the day If some days you earn less must be paid at the regular payday You have. than minimum wage and others you earn no right to be paid before then. more it is legal as long as you earn at least the, minimum wage by the end of the week If you Pay Stubs The employer must give you a. perform tasks in addition to the piece rate statement showing the hours or days worked. work your employer must also pay you at least the rate of pay gross wages and all deductions. the hourly minimum wage for each hour you from wages. work in these other tasks Wage Deductions Your employer can deduct. Working Time The employer must pay you for from your wages only the deductions required. the time you spend at activities that benefit the by law example Social Security or only those. employer even if it is not part of your regular you give permission for The employer may not. work day Examples you must be paid for deduct for any breakage or lost equipment. travel time between work locations and for unless they can show that the loss was caused. training and meeting time directly related to by your dishonesty or willful acts. the job especially if you are required to attend If there is a cash register shortage the. The employer does not have to pay you for employer may deduct from your paycheck only. time spent going to and from work at the if they can show that you had sole access to the. beginning and end of the day or for on call cash register and took part in counting the. time if you carry a beeper and can use the time money both before and after the shift. for your own activities,Uniforms If you have to wear a uniform and if. Overtime Pay Most employers must pay buying the uniform reduces your income below. overtime pay of 1 1 2 times your regular rate of minimum wage the employer must pay for it. pay for hours worked above 40 hours per week Example John has to wear a white lab coat. The overtime law does not cover all workers costing 50 John only makes 25 above. Examples it does not cover agricultural minimum wage per week His employer must. employees administrative executive or pay the extra 25 toward the uniform. professional employees or outside,Meal and Rest Breaks You must get a 30. salespersons,minute meal break if you work more than five. Employers may sometimes use a fluctuating hours The break must come between two and. work week that cuts into overtime pay five hours from the beginning of your shift The. Contact the Washington Department of Labor employer does not have to pay for your meal. Industries to find out if this is legal in your break unless they require you to stay at your. case work station,2908EN February 2017, You must get a ten minute paid rest break Many low income workers are eligible for food.
about midway through each four hours on the stamps and subsidized medical care from the. job state To find out if you are eligible contact,your local office of the Washington Department. Inspection of Personnel Files You have the,of Social and Health Services. right to look at your personnel records any time, during your employment and for two years Firing vs forcing you to quit If you can prove. after your job ends You have the right to put that your employer deliberately made your. rebuttals into your personnel file during that working conditions so difficult that a. period reasonable person would have felt compelled. to quit then you were constructively,Family and Medical Leaves Employers do not. discharged The law treats this as the same as,have to give you paid sick leave Those who do.
if you were actually fired,must also let you use it to take care of sick. children 3 Income Taxes and Earned Income, If your employer has 50 or more employees Tax Credit. and you have worked there at least one year Each time you begin work for an employer. and at least 1 250 hours during that year you they should give you a tax form W 4 to fill. must be allowed twelve weeks of unpaid family out The employer must take a deduction from. or medical leave in a twelve month period You your pay based on the info you give on the. do not have to take all of the leave at one time form about the number of dependents you. You can take this leave for the birth adoption have If you did not earn enough money last. or foster care placement of a child You can also year to have to pay taxes and you do not. take it if you or a family member has a serious expect to earn more this year fill in the box. health condition The seriousness depends labeled Exempt to keep tax money from. on how many days you are out and how many being withheld from your wages. doctor visits you have For more details contact, the U S Department of Labor Their contact At the start of each calendar year each of your. info is in section 8 of this publication If you are employers should mail you a form W 2 You. suffering from physical or emotional injuries should file this form with your income tax. due to domestic violence you may use your return The form shows how much you earned. family and medical leave time to get medical and how much was deducted from your pay for. care taxes, The employer can require you to use up your You may be entitled to the Earned Income Tax. paid sick or vacation leave before allowing you Credit EITC even if you do not owe any. to take the rest of the twelve weeks as unpaid federal tax The EITC is money the government. leave gives people who earn less than 39 617 if,they have at least one qualifying child or.
Other Benefits The only other work related 15 010 if there is no qualifying child in 2017. benefits an employer must provide are Married couples filing jointly qualify if they. workers compensation see section 4 and earned less than 45 207 if there is at least. unemployment compensation see Section 6 one qualifying child and 20 600 if there is no. The employer generally does not have to give qualifying child in 2017 The qualifying amount. you a pension health insurance vacation or is based on the number of children if any the. sick leave,2908EN February 2017, taxpayer supports The children you list must Is my work an integral part of the. have lived with you all year for you to claim business or do I perform a specialty job. them that may be short term, For more information on the EITC call the IRS Yes to the first half of each question above. at 1 800 829 1040 or visit means you are probably an employee Yes to. http www irs gov Individuals Preview EITC the second half means you might be an. Income Limits independent contractor These are only some. Independent Contractors Your employer of the factors used to determine which you are. might give you a form 1099 showing your If you think you are being wrongly called an. earnings instead of a W 2 form This means independent contractor and you are not getting. they are treating you as an independent the rights or benefits you should have as an. contractor instead of an employee for tax employee contact the IRS and some of the. and other purposes resources listed at the end of this publication. This publication focuses on the rights of If your employer files an incorrect form W 2 or. employees Some employers wrongly call does not file any proof of your employment it. their workers independent contractors to try can affect your getting Social Security benefits. to avoid employment laws Independent when you retire Find out from Social Security if. contractors have very few labor rights If you your wages are being reported to them. are being treated as an independent 4 Health and Safety in the. contractor ask yourself Workplace, Have I been given instructions about In general your employer must provide you. how to do my work or do I use my own with a safe workplace free from recognizable. methods dangers that can cause injury or death Your. Am I just a worker or do I have any employer must follow all the Department of. investment in the business Labor and Industries L I s rules about safe. workplaces There are different standards for, Do I simply get a paycheck or do I have different kinds of jobs examples construction. a chance to earn a profit and health care jobs,Does my employer cover my business.
expenses or do I pay them,Your employer must fix any problem that. Do I work for only one employer or do I violates the law and has a direct relationship to. perform similar services for several health and safety Your employer may also have. employers to pay a fine, Is my work basically unskilled or do I You can make a complaint to L I if you feel. have a special skill that I use at work there are unsafe conditions at your workplace. Can I be fired or do I keep my work as You can ask that L I not give your name to. long as I meet the specifications of a your employer Complaints must be in writing. contract Forms for a complaint are available at L I see. end of publication for contact info or write a,letter explaining who you are and describing. the hazard Explain why the situation is,2908EN February 2017. dangerous and what might happen if there is an hazard is not fixed If you are then fired or. accident L I schedules its inspections in part disciplined for refusing to do the work you. based on how dangerous the hazard is have a claim of retaliation against your. employer You can ask L I to investigate your,Inspections If L I finds there are reasonable.
claim See the paragraph immediately below,grounds to believe there is a violation it must. make an inspection as soon as it reasonably, can If L I does not believe there are grounds Retaliation for Complaining about Health. for an inspection it must tell you in writing Safety Retaliation is action your employer. takes against you because of something you,Review of L I Decisions You can get an. have done The law protects you from,informal review of L I s decision not to do an. retaliation for making a health and safety,inspection or give the employer a citation If L.
complaint If you want L I to investigate your,I issues a fine and you think the time to fix the. retaliation claim you must file it within 30 days,violation is unreasonable you can file a notice. of the retaliation L I calls it discrimination,with L I asking for a review of the decision. not retaliation To sue in court on these,within fifteen working days of the citation. grounds you have to be fired not just, Too Much Overtime Generally your employer disciplined.
can require you to work overtime Time and a,Work Injuries or Illnesses You can receive. half overtime pay may be required by law see,compensation for time missed from work and. discussion above If mandatory overtime is,payment of medical bills due to work related. harmful to your health or safety you can ask L,injuries or illnesses. I to investigate,If you are hurt or get sick as a result of your.
Right to Know about Hazardous Substances,work you are entitled to workers. You have a right to find out about any,compensation benefits even if the injury or. hazardous substances used in your workplace,illness was your own fault Usually your doctor. Your employer must give you information on,fills out the form and sends it to L I. these substances when you are first assigned to, the job and whenever a new hazard comes into If you have a work injury you must explain to.
your workplace The information must say how your doctor that you were hurt or became ill as. to find a list of hazardous chemicals used in the a result of your work Do so as soon as possible. workplace and material safety data sheets after you are hurt The doctor must then fill out. providing details about the chemicals an application for Workers Compensation. If You are Asked to Perform Unsafe Work Try, to get the hazard fixed by reporting it to your You must file your claim for injuries within one. employer union and L I If there is not year after the day you were hurt For. enough time because the situation is urgent occupational diseases the claim must be filed. to get rid of the hazard one of these ways and within two years after you receive a doctor s. you have a reasonable good faith fear of notice that you are suffering from an. serious injury you have the right to refuse to occupational disease. do the unsafe work You must first exhaust all,reasonable options for getting your employer. to fix the hazard And you must tell your,employer you will refuse to do the work if the. 2908EN February 2017, If You Become Sick or Hurt from Your Work For more info call the Crime Victims. You Should Compensation Program at L I 800 762 3716. Tell the boss right away Make sure they 5 Discrimination and Retaliation. know as soon as possible,Most employment in Washington State is at.
Get medical help right away even if the will This means your employer can fire you at. injury does not seem serious It is will for any or no reason At the beginning of. important for you to get treatment It is this handbook we talked about some of the. also important to have a medical record exceptions to this Here are others. of your injuries in case they bother you,Discrimination based on race color national. origin disability religion sex marital status, Give all the facts and details of your age and in some cities sexual orientation A. work injury to the doctors job rule or policy that has the effect of. disproportionately excluding one of these,Make sure your doctor sends the. groups is illegal if it is not necessary to the job. application to L I,The Washington law against discrimination. Workers Compensation Will Pay protects both independent contractors and. All medical bills connected with employees, treatment for a work injury Retaliation for exercising your legal rights as an.
Money to replace part of your lost employee such as. wages if you cannot work for more than making a complaint either to your. four days employer or to an outside agency that, Compensation for a permanent your employer is violating a law. disability protecting employees, In some cases retraining and blowing the whistle on your employer. rehabilitation benefits for violating some other type of law. Crime Victims Compensation Act If you are acting to try to improve wages or. the victim of a crime such as assault domestic working conditions for other workers. violence or child abuse you may be eligible for engaging in union activities. benefits under the state Crime Victims,complaining about unsafe conditions. Compensation Act The Act is like workers, compensation but covers different situations filing a claim for minimum wage or. Example if you lose work because you are the overtime. victim of a crime you may be able to get lost,filing a claim for workers compensation.
wages from this fund The fund also,or unemployment benefits. pays pension benefits and burial, expenses for victims who die from See subsection on Retaliation at. injuries caused by crime page 13,pays a lump sum payment to the spouse. and or children of a victim who died If you think you were fired due to. from injuries caused by crime discrimination or retaliation keep a written log. 2908EN February 2017, of all your efforts to find another job You will Age Discrimination. need this if you want to sue your employer for Age discrimination laws protect workers 40. lost wages years or older You are protected in more than. Remember if your employer takes action just hiring and firing The employer also cannot. against you but not because of any of the refuse to promote or train you because of your. reasons listed above it may not be illegal age They cannot lay you off or lower your pay. discrimination or retaliation or benefits because of your age. Q Which of these is unlawful discrimination Example Paul is 52 years old Paul s employer. Example 1 Maria is fired from her job as a tells him he cannot go with his co workers to a. secretary because her new boss wants to hire two day training event on a new computer. his teenaged daughter Example 2 Maria is system because he is too old to understand the. fired from her job as a secretary because her new system and he will be retiring soon. new boss does not want a Latina secretary anyway This is illegal. A Example 2 Race and National Origin Discrimination. Q Which of these is unlawful retaliation Your employer cannot deny you employment. Example 1 Linda a health care worker at a opportunities because of your race color. nursing home is fired because she complained national origin birthplace ancestry culture or. to the owner of the business that she needed language background Your employer also. to work more hours Example 2 Linda is fired cannot discriminate against you for associating. because she complained to DSHS that nursing with a particular race or ethnic group. home residents were being neglected Q Discrimination or not Hannah who is. A Example 2 white is married to a man from Saudi Arabia. She works at an auto parts store Her employer,Discrimination laws protect you even if your.
tells her that her husband should not come into,employer acts against you because of the. the store to pick her up at work because his,employer s mistaken belief Example Greg. customers feel uncomfortable around Arabs,gets fired because his employer thinks he filed. a complaint about health and safety Greg is A Discrimination It is illegal for an employer. protected by the law even if he did not actually to discriminate based on association with a. file the complaint particular race or ethnic group. An employer will rarely come out and say s he Job rules that have the effect of. is taking action against you because of for disproportionately excluding minorities or. example your race or age S he will probably persons of a particular national origin can be. give a reason related to the quality of your unlawful Example A rule that workers only. work or violating a rule If discrimination or speak English on the job or a rule excluding. retaliation was a substantial factor in why the people who speak English with an accent may. employer acted against you you may win even be unlawful It depends on if the rule is. if the employer had other reasons for acting necessary to the particular job. against you Q Discrimination or not Ignacio recently. came to the U S from El Salvador He wants to,work as a dispatcher for an ambulance. company His employer tells Ignacio he cannot,2908EN February 2017.
work dispatch because his English is not good Sexual harassment is a kind of sex. enough The ambulance drivers would not discrimination It includes unwelcome sexual. understand him There could be safety advances requests for sexual favors and other. problems verbal or physical conduct of a sexual nature It. is also unlawful sexual harassment if giving in to. A If Ignacio s English is so poor that the drivers. or rejecting the conduct affects your,cannot understand him it is probably not. employment unreasonably interferes with your,discriminatory to deny him the job. work performance or creates an intimidating, Sex Discrimination and Sexual hostile or offensive work environment. Harassment The harasser can be either a man or woman. An employer cannot refuse to hire women for The victim can be either a man or woman. certain jobs unless there is some reason only,Example Joe s female supervisor makes. men can perform the job An employer can,unwelcome sexual advances towards him She.
have a rule about height weight or strength if,says if he will go out with her she will make. necessary for the job,sure he goes far in the company Joe is a victim. Q Discrimination or not Sarah wants to be of sexual harassment. the first female police officer in her town She is. The harasser can be a supervisor a co worker,rejected because the police have a rule that an. or a non employee examples a client or, officer must be five foot eight inches tall She is. customer You should report harassment to,only five foot four.
appropriate company officials and follow any, A Discrimination If the height rule is not company procedures Otherwise the problem. necessary for the job it is unlawful may not get resolved and the company may not. Pregnancy discrimination is a kind of sex be held liable for the harassment If you can. discrimination The employer cannot put your report in writing Keep a copy to prove. discriminate against a woman because of the company was on notice of the harassment. pregnancy childbirth or any related condition It will also protect you in case the employer. if she can perform the essential functions of the should retaliate against you for complaining. job Example Susan s co workers at the auto parts, Q Discrimination or not Grace works as a store are constantly showing her pictures of. grocery store clerk When she is six months naked women and making suggestions of a. pregnant her employer says she must go on sexual nature to her Susan s boss Joe sees. leave until after the baby is born Grace feels that Susan is offended by this conduct He does. fine and her doctor says she can keep on nothing to stop it Susan is a victim of sexual. working Her employer says no harassment, A Discrimination Generally offensive remarks must be common. in the work environment not just occasional to, Q After the birth Grace wants to return to violate the law The worse the conduct is the. work when her baby is six weeks old Her fewer times it needs to happen to be a hostile. supervisor thinks a mother should stay home working environment. longer with a new baby and does not put her, on the schedule for several months Q Discrimination or not Henry brings a.
cartoon about dumb blondes to the offices,A Discrimination. 2908EN February 2017, one day and shows it to Jane without people are considered disabled under federal. comment She is offended She does not say law than under Washington law A disability. anything to anyone can be physical or mental The law also protects. people with a history of disability who are,A This is not sex discrimination or sexual. recovered now and people who are not,harassment,disabled but their employer believes they are. Religious Discrimination Washington law also protects people with. Your employer cannot discriminate against you temporary disabilities. in hiring firing or other terms or conditions of A qualified person is someone who can do the. employment because of your religion The essential functions of the job in question If you. employer must accommodate your religious can do the job with reasonable. practices unless doing so would create an accommodation you are qualified The. undue hardship for the employer employer must provide accommodation This. Q Discrimination or not Sarah s religion can mean many things such as. requires that she wear a scarf covering her hair modifying work schedules. at all times Her employer repeatedly tells her,reassignment.
to take that thing off He also tells her that, religious beliefs have no place at work buying equipment. A Discrimination having interpreters, Q Discrimination or not Kim is a hotel maid making facilities accessible. His religion celebrates its Sabbath on Saturday,giving you a leave of absence for. He may not work on that day His employer,refuses to allow him to take Saturday off even. though Kim s co worker Samantha is willing to Your employer must provide accommodation. come in and work for him on Saturdays unless it would cause them undue hardship. A Probably discrimination unless for example Q Discrimination or not Lyla is a. Samantha does not have the skills to perform bookkeeper She suffers from depression from. Kim s work an experience of domestic violence that has. kept her from working in the past She must, Disability Discrimination take a long lunch once a week to meet with her.
Employers may not discriminate against therapist She still finishes her workload She is. qualified people with disabilities They may not able to work as long as she takes her. discriminate in job application procedures medication. hiring firing advancement pay training and A The employer must accommodate Lyla. other terms conditions and privileges of unless the modified schedule is an undue. employment hardship for the employer, Under Washington law you are considered The Washington Human Rights Commission. disabled if you have an abnormal condition HRC enforces the Washington law The Equal. and the condition has a substantially limiting Employment Opportunity Commission EEOC. effect on your ability to do your job The enforces the federal law Americans with. Federal definition of disability is stricter Fewer Disabilities Act the ADA Private lawyers can. 2908EN February 2017, also sue to enforce these laws You can sue if there is action against you short of firing It is. under the state law without first going through illegal to fire you for a reason that goes against. the HRC To sue under federal law the ADA public policy clearly expressed in state law. you must first go through the EEOC Seattle Example it is illegal to fire an employee for. Tacoma and King County have human rights whistleblowing reporting that your. offices that enforce their own ordinances employer has violated environmental business. against discrimination Unions and mediators or health laws If you are fired for doing this. can also help if you are discriminated against you can sue your employer for wrongful. discharge in violation of public policy,Retaliation. Workers have the right to join a union They,Retaliation is action your employer takes. also have the right to come together to ask the,against you because you exercised a legal right.
employer to improve conditions without being,One form of retaliation is where your employer. retaliated against Example Six women work,acts against you because you complained about. together sewing sleeves on jackets The room,discrimination whether that discrimination. where they work is dark They have trouble,was directed at you or someone else. seeing their work They ask the manager to,Examples if you make a complaint about.
make the lighting system brighter Shortly after,sexual harassment and your employer fires you. that they are fired,for making the complaint that is retaliation If. you ask for reasonable accommodation of your Sometimes an employer gives one reason for. disability and you are demoted as a result that taking action against you You think the real. is retaliation reason is unlawful retaliation You can win if. retaliation was a substantial factor in why the,Other examples of illegal retaliation include. employer acted against you,retaliation because you. Example Henry hurt his back on the job He, complained about unsafe working was off work for two months His employer.
conditions pressured him to come back when Henry did. complained about not being paid not feel ready He went back but had to leave. minimum wage or overtime early one day because he was in so much pain. Henry tried to tell his supervisor He could not,filed for workers compensation. find her He left a written message on the, complained to DSHS about abuse or secretary s desk The secretary did not find it. neglect of patients in a health care until the next day Henry was fired for violating. facility a rule that employees must notify their,supervisor before leaving work Other workers. engaged in union activities,have left work without notifying their. took some action to try to improve pay supervisors and have only been reprimanded. or conditions for workers at your job not fired, In each of these examples there is a law Example Susan was injured on the job She.
against firing and other action against you filed a workers compensation claim Soon. examples suspension or demotion after she was fired The employer claims it was. If there is no specific anti retaliation law you for some other reason Susan thinks she may. can only sue your employer if you are fired not,2908EN February 2017. have been laid off because she filed a workers about whether your reason for quitting might. compensation claim She should ask herself qualify as good cause so you could quit and. still get unemployment benefits,What has happened to other injured. workers in the same situation Example Q Which worker probably qualifies for. Other people hurt on the job were fired unemployment compensation Monique or. soon afterward James, Did the employer fire her for something Monique is transferred to night shift She works. other workers routinely get away with that shift for two months but gets migraine. headaches Her doctor says these are related to,Did the employer violate their own rule. the night work She takes a doctor s note to her,Example The employer has a rule that you.
employer and asks for day or swing shift work,are not fired until you have gotten three. It would not hurt the business in any way to,written warnings Susan was fired without. switch her to days The employer refuses She,any warning. Written statement of reasons you were,James is transferred to night shift He quits. discharged You have a right under state law to,right away telling his employer that he cannot.
a signed written statement explaining why you,stand working nights. were discharged Your employer must give it to, you within ten working days of getting your A Monique. written request If you are fired or laid off you will qualify for. 6 Unemployment Compensation unemployment compensation unless you are. fired for misconduct Misconduct means you, Most employees are covered by the acted in willful disregard of the employer s. unemployment insurance law While you are interest and hurt the business Your act must. working your employer pays into the be intentional or grossly negligent or must take. unemployment insurance fund If you lose your place after a warning against it Mere. job you may be eligible for unemployment incompetence or a mistake in judgment is not. compensation misconduct, To be eligible for unemployment Q Which worker probably qualifies for. compensation you must have worked 680 unemployment compensation Hannah or. hours in either the last four completed calendar Karen. quarters OR the first four of the last five, completed calendar quarters A calendar Hannah works at a jewelry store She loses.
quarter is a three month period examples 5 000 worth of diamonds because she did not. January March April June log the diamonds and put them in the safe She. did not steal the diamonds She did not mean, You must also be unemployed through no fault to hurt her employer by not logging and storing. of your own If you quit your job you ordinarily the diamonds She is fired and applies for. cannot get unemployment compensation unemployment compensation. unless you have a good cause to quit under, state law Before quitting your job talk with a Karen s employer has a rule that a worker must. lawyer union representative or the give 48 hours notice before taking vacation. Washington Employment Security Department time Karen has violated the rule before and. 2908EN February 2017, received written notices that she must comply Under Washington law if an employer s. with the rule She violates it again is fired and unlawful action deprives you of wages you may. applies for unemployment compensation be able to win twice the amount of those. wages in court The court even small claims,court can award you twice the amount of your. To qualify for unemployment compensation wages if it finds the employer acted willfully. you must be able available and willing to not just carelessness or because of a good faith. work You normally show this by filling out a dispute. claim form and then submitting continued, claim forms during the period of Informal Negotiation with Your.
unemployment If you have lost your job due to Employer. domestic violence you may still be able to You may want to present your complaint. qualify for unemployment compensation directly to your employer Here are some tips. If your application for unemployment 1 Keep records Write down for example. compensation is denied you should file an what was said during a conversation. appeal at the unemployment office or job that bothered you the true hours you. service center In a few weeks you will have a worked or the names address and. chance to tell your side of the story at a hearing phone numbers of witnesses to any. before an administrative law judge Many important events. hearings are done by phone When you file,2 Bring a friend to take notes You should. your appeal at the job service center ask for a,focus on communicating Have someone. complete copy of your unemployment file If,else write down exactly what is said. you are low income and want help with your, hearing call the Unemployment Law Project at 3 Tell your side of the story as. 206 441 9178 or 1 888 441 9178 They help unemotionally as you can You do not. people all over the state The hearing is the want to distract your employer with. most important part of the appeal process It is your emotion You want them to focus. the only time you can tell your side of the story on the facts. You should bring witnesses to and present 4 Make sure you have the facts straight. documents at the hearing Check and recheck beforehand. 7 Remedies and Resources, If you are represented by a union you should Mediation is a meeting run by a mediator At.
go to the union with your workplace complaint the meeting you and a co worker or boss can. Your union has a duty of fair representation talk out problems you have with each other. This does not mean the union will handle every You are not required to mediate. case of every employee but it might handle, yours Your union may be able to refer you to a The mediator. lawyer or an administrative agency that runs the meeting. handles your type of claim is trained as a neutral facilitator. If you are not represented by a union you still does not take sides or decide for you. have options This section reviews some of what should happen.

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