The legislature
and courts are recognizing the importance of employment and the need
of workers to have equal rights and power. Because the law has been
improving for workers, employers have hired sophisticated managers and
human resource supervisors to make employment decisions. Employees are
required to work with these trained managers who dictate conditions
of work and decisions on employment rights to the employee. These managers
have the interests of the companies at heart and not the worker. The
only way for an employee to be protected is to know your rights. Don't
sign any documents or quit your employment until you talk to an attorney
who will have your interests at heart. Wrongfully treated employees
can receive a free initial consultation with our law firm by calling
1-206-447-1615 or
by e-mailing us facts about your case at moote@petermoote.com.
There are some initial employment rules you should be aware of:
1. Harassment/Hostile Work Environment:
Employees cannot be forced to endure sexual harassment or hostile working
conditions in the workplace. Whenever sexual harassment or hostility
occurs, a report of it must be made to management of the employer. If
a complaint is made and the condition continues, the harassed employee
should contact an attorney immediately and file a claim with the EEOC
within 300 days of the start of the harassment.
2. Age Discrimination:
An employee cannot be discriminated in the workplace on the basis of
age. In this quickly-moving economy, many individuals are terminated,
denied promotions or denied opportunities for employment because they
are older workers. There is a presumption that an individual fired or
denied promotion or an opportunity for employment who is over 40 has
been discriminated against on the basis of age.
3. Race and Gender Discrimination:
It is illegal for an employer to discriminate against an employee on
the basis of race, religion, gender or sexual preference. Discrimination
often comes in the form of termination from employment, denial of promotion,
denial of raises or denial of job opportunities.
4. Medical Leave Rights: State and Federal (FMLA) laws protect the jobs of workers who need
to take extended leave for serious medical conditions or to take leave
to care for a family member with a serious medical condition. When an
employee returns to work from extended medical leave they are entitled
to their job back at the same rate of pay and benefits.
5. Wage and Overtime Claims:
Under the federal Fair Labor Standards Act (FLSA) and Washington Wage
Laws (WMWA) employers are required to pay regular hourly wages that
no less than $7 per hour and overtime wages to any employee working
in excess of 40 hours per work week. Each separate work week is evaluated.
The employer cannot add up hours and average over multiple weeks or
a year. If you work over 40 hours in any week you are entitled to overtime
wages even if you work less than 40 hours in other weeks. The rate of
overtime wages is at a minimum 1.5 times the regular hourly rate. If
your wages are calculated in a lump sum or salary for a period of time
we simply calculate the hourly rate from that. Employers cannot avoid
paying overtime by naming wages "salary," unless the employee
is truly in a management position.
6. These rights in employment are protected by both federal and state
laws. Each of these laws has different protections that should be explored
if the worker has been discriminated against. Any suspected violations
should be reviewed with an attorney because the long-term losses to
the worker can be substantial.
7. Though Washington is an at-will employment state, employers who
make promises or contracts (verbal or written) with employees must live
up to those or be in breach of the employment contract. If promises
made in the employment relationship are breached, the employee should
seek the advice of an attorney.
8. There are limitations periods that require the filing of claims
or lawsuits within a specific time frame or the right of the employee
is forever lost. Some of the more significant deadlines an employee
should be aware of include the following: State employment violations
- three years. Federal discrimination violations require EEOC claim
filing - 300 days. Receipt of federal right to sue letter - 90 days.
Federal tort violations - two years. Breach of verbal promises in employment
- one year or three years. Breach of written employment promises - six
years. Wage and leave violations- 2 years or 3 years.
