Legal Question in Employment Law in Washington

Retaliation??

I have recently ended a bad working relationship with my employer. They offered me a severance package and I accepted. I, however, filed a complaint with the State Human Rights Commission. Now my employer is refusing to pay me the severance pay ''until the Human rights issue is resolved''. Can they do this? Is this retaliation for exercising my rights?


Asked on 10/01/08, 1:24 pm

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

Re: Retaliation??

Well, yes, on a purely human conduct level, this certainly sounds like retaliation.

Whether this creates an additional cause of action, "retaliation for exercising statutory rights", is another question. You certainly have a right to make a complaint to WHRC, but the question is whether your severance package would be protected. It may well be, but I would say that a second, and possibly easier legal argument would be that there was a breach of contract. You left your job in reliance on their promise to provide you with the severance package agreed upon.

Let the WHRC know what has happened.

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Answered on 10/01/08, 1:49 pm


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