Butch Evans Blog

Addressing workplace issues can be challenging, especially when the situation involves potential misconduct or unethical practices. Employees might feel compelled to discuss these matters directly with their boss or supervisor. However, depending on the severity or legal implications of the issue, it’s often wise to consult with a lawyer prior to discussing any wrongdoings with your boss. Understanding when to seek legal counsel can protect your rights and ensure you approach the situation in a way that minimizes risk.

Why Consult a Lawyer First?
Legal professionals are trained to evaluate complex situations and provide guidance based on both employment law and your specific circumstances. Consulting with a lawyer before discussing sensitive matters with a supervisor can offer benefits such as:

• Understanding Your Rights: Employees may not always be fully aware of their rights under state and federal employment laws. A lawyer can clarify your rights and help you understand the legal protections available to you, especially if your concern involves discrimination, harassment, or retaliation.
• Avoiding Retaliation: In some cases, bringing up certain issues directly with a supervisor can lead to retaliatory actions, such as unfair disciplinary measures or termination. A lawyer can advise you on steps to report concerns safely, helping you minimize the risk of facing workplace retaliation.
• Documenting Evidence: Legal counsel can guide you on gathering and preserving relevant documentation, such as emails, performance reviews, and other records that support your claims. Proper documentation is often crucial for establishing a strong case if the matter escalates.
• Exploring Reporting Channels: Depending on the nature of your concerns, a lawyer might recommend using internal or external reporting channels, such as HR departments or governmental agencies like the Equal Employment Opportunity Commission (EEOC). These channels can provide additional protections and offer a formal process for addressing workplace issues.

Common Situations Where Legal Advice is Helpful
There are many scenarios in which speaking with a lawyer before approaching a supervisor may be beneficial, including:

1. Discrimination: If you believe you are being treated unfairly due to race, gender, age, religion, or disability, legal guidance can help you understand how to proceed and potentially file a claim if necessary.
2. Harassment: Workplace harassment, particularly of a sexual nature, can be difficult to address directly. Legal counsel can help you evaluate the situation and determine the most appropriate reporting method.
3. Retaliation: If you’ve previously reported workplace concerns or exercised your legal rights, and now face adverse actions such as demotion or isolation, consulting with a lawyer can help protect you from further retaliation.
4. Whistleblowing: Employees who suspect their organization is engaging in illegal activities, such as fraud or safety violations, may have additional protections as whistleblowers. A lawyer can provide guidance on how to report these issues while safeguarding your rights.

Steps to Take After Consulting a Lawyer
Once you’ve discussed the situation with an attorney, you’ll likely have a clearer understanding of your options. Depending on their advice, you might take the following steps:

• Prepare Your Approach: If you decide to speak with your boss, your lawyer can help you prepare what to say and how to present your concerns professionally.
• Consider Alternative Reporting Channels: Your attorney might advise you to report the issue to HR or through an official complaint process, especially if your boss is involved in the wrongdoing.
• Document All Interactions: Keep a detailed record of all conversations, including dates and people involved. This can be crucial evidence if you need to escalate your complaint.
• Maintain Confidentiality: Avoid discussing the situation with colleagues or others in the workplace, as it may affect your case or the integrity of the investigation.

Understanding Washington’s Discrimination Laws
Washington state law, specifically the Washington Law Against Discrimination (WLAD), prohibits discrimination on the basis of race, color, national origin, sex, disability, religion, age, and other protected categories. The law applies to hiring, promotions, terminations, wages, and other employment terms and conditions. This law operates alongside federal protections to ensure that employees are not subjected to unfair treatment based on protected characteristics.

Types of Discrimination Covered
Under Washington law, discrimination can take many forms, including:

• Racial Discrimination: Any employment decision or treatment that is based on an individual’s race or ethnicity.
• Sex and Gender Discrimination: This includes discrimination based on gender identity, sexual orientation, pregnancy, and marital status.
• Age Discrimination: Washington state law protects employees over the age of 40 from discriminatory practices based on age.
• Disability Discrimination: Employers are required to provide reasonable accommodations to qualified individuals with disabilities.

Steps to Take if You Experience Discrimination
If you suspect that you are being discriminated against, taking the appropriate steps to address the situation is essential.

1. Document the Incidents: Record dates, times, locations, and details of any discriminatory actions. Be sure to note the names of individuals involved and any witnesses present. This documentation is essential if you decide to file a formal complaint.
2. Report to HR: Many companies have policies in place to handle discrimination complaints. Reporting the situation to your Human Resources department may result in an internal investigation that resolves the issue. Ensure that any complaint you submit is documented.
3. Seek Legal Guidance: If internal efforts do not resolve the issue or if you prefer a different course of action, find an attorney who is experienced in Washington discrimination laws to help guide you through the legal process. A knowledgeable attorney can help evaluate your case and provide clarity on the best path forward.
4. File a Complaint with the Washington State Human Rights Commission: The Washington State Human Rights Commission (WSHRC) handles discrimination complaints within the state. Filing a formal complaint with the WSHRC can lead to an investigation, and they may help facilitate a resolution with your employer.
5. Consider Federal Channels: If your case involves federal protections or if you work for a federal agency, filing a complaint with the Equal Employment Opportunity Commission (EEOC) may be another option. This can be particularly helpful in cases where you wish to pursue federal claims alongside your state claims.

The Role of an Experienced Attorney
Navigating the legal landscape around discrimination claims can be complex, and having an attorney with specialized knowledge in Washington discrimination laws can make a significant difference. An attorney can:

• Provide Legal Advice: A skilled attorney can assess your case and explain your rights, helping you make informed decisions.
• Guide You Through the Process: Filing a complaint involves various procedural steps, from paperwork to deadlines. An attorney will help ensure everything is completed accurately and on time.
• Represent Your Interests: If your case goes to mediation, settlement discussions, or court, a lawyer with experience in discrimination law will work to protect your rights and advocate for a fair outcome.