[WA] Can I bring a wrongful termination claim if I was harassed or fired after taking protected medical leave?

WA Employment

Craig

5,281 satisfied customers

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I'm sorry to hear about the difficulties you've faced. Let's go through some steps you can take to address this situation:

Review Legal Protections. In Washington State, it's illegal to record private conversations without consent from all parties involved. This means if your manager recorded you without your permission, it could be a violation of the law. (WA Rev Code § 9.73.030) Your intermittent leave is protected under the Family and Medical Leave Act (FMLA). Any harassment or discrimination related to your legally protected leave could be grounds for a legal claim. (29 U.S.C. § 2612)
Gather Evidence. Collect all documentation related to your intermittent leave, including doctor's notes, HR communications, and any emails or messages from your manager that show harassment or discrimination. Keep records of any instances where you suspect you were recorded without consent, including dates, times, and locations.
Consult with an Employment Lawyer. An employment lawyer can help you understand your rights and the strength of your case. They can also guide you on the best course of action, whether it's filing a complaint with a government agency or pursuing a lawsuit. They can assist in drafting a formal complaint to your former employer, outlining your concerns and the evidence you have.
Consider Filing a Complaint. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe you were discriminated against due to your medical leave. If you decide to pursue legal action, your lawyer can help you file a lawsuit for any violations of your rights.
Prepare for Possible Outcomes. Legal actions can be lengthy and may require patience. Be prepared for different outcomes, including settlements or court proceedings. Consider the potential impact on your career and personal life, and discuss these with your lawyer to make informed decisions.

Please let me know if you have further questions.

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I believe my manager recorded me without my permission.

Lexi, Chatbot

I understand how concerning it can be to feel like your privacy has been violated. Can you tell me when and where this recording took place?

Seattle, WA.

Lexi, Chatbot

Have you had any discussions with your manager about this situation?

I asked her about it in an email and she never responded to it. I was then let go in a mass layoff.

Lexi, Chatbot

Is there anything else the attorney should know before I connect you? Rest assured they'll be able to help with your recording issue.

No.

Craig

Hello and welcome to AskaLawyer. My name is Juris and I'm happy to assist you. I understand you're dealing with a situation involving being recorded without your permission in Seattle, WA. Could you share more about any specific concerns or questions you have regarding this situation?

My manager and I have not been getting along. This is what I sent to my HR department regarding the issues: While in a 1:1 meeting with my manager, I noticed her phone was propped up and facing the screen I was presenting on. This stood out to me because she has never done this before. I thought about asking her if she was recording me, but didn't because that is a major accusation. After reflecting on the event and other issues that have occurred, I now feel there is a good chance she recorded that meeting on her personal phone without my permission. The reason I'm bringing this up now is that I think she did it again last week on a call with her and her manager. Is there a way for me to confirm if she did or didn't record me?

The first meeting took place in a conference room on a certain date and time. The second meeting was in her manager's office. If this is something you can look into, I'll gather all that information for you as well. This is really bothering me. If you can help me confirm or not that this happened, I would appreciate it.

I was laid off in January, so I've gone back and forth on whether or not I should do anything about this. This happened while I was at a former employer, and they are a large company to fight against. This request was closed on 12/19 with no explanation. I have tons of screenshots and paperwork to prove my manager was targeting me.

Craig

I understand this situation is really troubling for you. Have you considered or taken any legal actions regarding this issue so far?

No, I have not at this time. I would like to take legal action. It bothers me that I brought this up to HR and nothing was done about it.

Craig

I understand your frustration with HR's response. Do you have any documentation or evidence, like emails or notes, that could support your case if you decide to pursue legal action?

Yes.

Craig

Based on your situation, there are several legal arguments and considerations in Washington State that could potentially support your case:

In Washington, it is illegal to record a private conversation without the consent of all parties involved. This is known as a "two-party consent" law, which means that if your manager recorded your meetings without your permission, it could be a violation of this law.

Additionally, if you believe that the recording was part of a pattern of targeting or harassment, this could potentially be relevant in a wrongful termination or discrimination claim, especially if you have documentation supporting your claims of being targeted.

Let me know if you have any questions or clarifications; if not I'll move forward with guidance.

One of the major issues I had with this manager was my intermittent leave. I got doctor-approved and legally protected intermittent leave that allowed me to take up to 4 days off a month for my medical issue. She repeatedly harassed me about not meeting deadlines due to my having to take leave. I have proof of this.

Yes, it was a part of a pattern of harassment.

Craig

I'm sorry to hear about the difficulties you've faced. Let's go through some steps you can take to address this situation:

Review Legal Protections. In Washington State, it's illegal to record private conversations without consent from all parties involved. This means if your manager recorded you without your permission, it could be a violation of the law. (WA Rev Code § 9.73.030) Your intermittent leave is protected under the Family and Medical Leave Act (FMLA). Any harassment or discrimination related to your legally protected leave could be grounds for a legal claim. (29 U.S.C. § 2612)
Gather Evidence. Collect all documentation related to your intermittent leave, including doctor's notes, HR communications, and any emails or messages from your manager that show harassment or discrimination. Keep records of any instances where you suspect you were recorded without consent, including dates, times, and locations.
Consult with an Employment Lawyer. An employment lawyer can help you understand your rights and the strength of your case. They can also guide you on the best course of action, whether it's filing a complaint with a government agency or pursuing a lawsuit. They can assist in drafting a formal complaint to your former employer, outlining your concerns and the evidence you have.
Consider Filing a Complaint. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe you were discriminated against due to your medical leave. If you decide to pursue legal action, your lawyer can help you file a lawsuit for any violations of your rights.
Prepare for Possible Outcomes. Legal actions can be lengthy and may require patience. Be prepared for different outcomes, including settlements or court proceedings. Consider the potential impact on your career and personal life, and discuss these with your lawyer to make informed decisions.

Please let me know if you have further questions.

Craig

5,281 satisfied customers

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