EMPLOYMENT LAW

Retaliation claims involve adverse employment action taken against an employee as a result of exercising a protected right in employment such as reporting violations of the law, participating in union activities, and/or testifying as a witness. Retaliation can be as obvious as a demotion or as slight as a change in work schedule. Many people confuse the common meaning of retaliation with the legal definition. If you are retaliated against for reasons not associated with your protected rights in employment, you do not have a legal claim. If you have been retaliated against in response to your protected activity, our attorney can help by providing legal advice and representation. She has nearly two decades of experience practicing employment law, and our clients benefit from her vast experience and knowledge. 

A hostile work environment and harassment are essentially the same. A hostile work environment involves unwelcome behavior that can be imputed to the employer (i.e. by a supervisor) based on an employee's membership in a protected class (see protected classes under discrimination), which changes the terms and conditions of employment. Many people confuse the common meaning of hostile work environment with the legal definition. There is no legal claim for hostile work environment if a supervisor treats you with hostility for reasons other than your membership in a protected class. If your work environment is hostile, you are likely miserable and need things to change. To address these employment law issues, you need an attorney to provide legal advice to protect your rights.  

Sexual harassment is sex (gender) discrimination. Sexual harassment can occur in one of two ways: quid pro quo (this for that), meaning that a supervisor has held a benefit or consequence over an employee's head in exchange for sexual favors, or a hostile work environment, meaning that the sexual harassment can be directed at a coworker but creates a hostile work environment for everyone (see hostile work environment for more information). Even though an employee may engage in certain behavior in compliance with the harasser's threats, he or she may still have a claim for sexual harassment. Sexual harassment includes directly making a pass at an employee and/or jokes or photographs of a sexual nature being shared at work.  You should not keep quiet about sexual harassment but should seek our employment lawyer's legal advice before you file a complaint!

Wrongful termination is a form of retaliation and occurs when an employer fires an employee for unlawful reasons that violate federal or state anti-discrimination employment laws, public policy, or an employment contract. Washington is an at-will employment state, which means that an employer may fire an employee for any reason or no reason at all as long as they are not doing so based on an employee's membership in a protected class.  Many people confuse the ordinary meaning of wrongful termination with the legal definition.  Illegal wrongful termination involves violations of law, policy, or a contract, whereas a wrongful termination in the ordinary sense could simply mean the firing was not for a good reason. If you have been wrongfully terminated at work, we can help you recover damages.

We have extensive experience negotiating severance packages for employees who are being terminated and for employees who want to resign. We have successfully and smoothly handled complex executive departures, leading to amicable terms and smooth transitions. Clients who want to leave without creating conflict and without damaging their reputation benefit from our approach and representation.  

We have also represented numerous Amazon employees in severance negotiations. We help Amazon employees facing Pivot make a decision and then provide advice and representation related to the decision they make. If an employee has been terminated but has not signed a release of claims, we can also help them after-the-fact. We offer advice and strategy regarding how to handle Focus plans, performance evaluations, coaching and 1:1s, Improve Plans, appeal panels, RSUs and stock vests, extending employment, transferring, requesting ADA accommodations, taking medical and other leave, dealing with Human Resources, and negotiating severance pay. In a few cases, we have convinced Amazon to remove our client from Pivot entirely. For the small percentage of cases that do not result in settlement, we will file a lawsuit.  

Although Microsoft employees are not subject to Pivot, there are signs that an employee is being pushed out to watch for, which usually result in being offered a Voluntary Separation Agreement, notice of position being eliminated, or termination without a severance offer being made. We advise Microsoft employees in any of these situations and can help with efforts to remain employed or to negotiate severance. 

We also represent Microsoft employees in workplace investigations and will file a lawsuit, if necessary.  

We will work hard to get the best outcome for you. The list below contains terms and conditions we may be able to negotiate on your behalf: 

- increased severance pay

- mutual non-disparagement

- positive or neutral employment 

reference/verification

- extended employment

- garden leave (paid leave)

- property transfers

- reimbursement for COBRA health care premiums

- extension of employee benefits

-release from obligations in employment contract

-waiver of claims by employer

- agreement not to dispute 

unemployment benefits

- letter of recommendation

- assistance finding a new job

-allowing stocks to vest prior to termination

- allowing employee to send a "goodbye" email

-agreement regarding message to be conveyed regarding departure

- not being placed on no rehire list

- removal from Pivot or PIP

- transfer

- leave

- reasonable accommodation

- training and education

- time to find a new position

- retirement annuity

- early retirement 

If you are being targeted or terminated, have been offered severance pay, want to keep your job, or plan to resign and want severance pay, we can provide advice and/or representation to help you reach your goals. 

We will also review your severance agreement to ensure your rights are not being violated and provide suggestions for your protection.   

Many employers tell employees their severance agreement is not negotiable. Please do not let that stop you from contacting us. We have negotiated many "non-negotiable" severance agreements.   

Employees may take medical leave for their own health condition or to care for a family member for up to twelve weeks under state and federal law. When an employee returns from leave, the employer must place the employee in the same or a similar position with similar pay. Washington now provides paid family medical leave for eligible employees as well. If an employee is not eligible for paid family leave, he/she may still be eligible for unpaid leave. Employment laws prohibit employers from interfering with an employee's protected medical leave. Retaliation is also prohibited. If you need help requesting medical leave, returning to work, and/or are being retaliated against for taking medical leave, please reach out to us for help. 

Employee benefit packages often include life, health, and disability insurance (short-term and/or long-term), stock grants, pensions, profit-sharing, retirement accounts, and other benefits.  

We help employees complete claim paperwork and submit claims and supporting documentation in an effort to obtain approval of their claims for benefits. We also help employees reach stock vesting dates and take leaves of absence.

If an employee is denied a benefit, we will file an administrative appeal and/or litigation on the employee's behalf. Typically, such claims are governed by ERISA, which is a complicated statute that applies to employee benefit plans. Because ERISA is complex and confusing, we do not recommend that individuals pursue ERISA claims on their own (pro se).

We also address matters involving overpayment of pensions and disabilty insurance benefits.  

If you need help obtaining your benefits, please contact us for help.

Some employers require employees to agree not to solicit customers or employees for a certain period of time after their employment terminates. Legal claims can be brought against employees who violate such provisions. We defend employees who have been accused of violating non-solicitation agreements.