Employment Law

Whether you are an employer or an employee, it is important for you to know about workplace rights, and in particular, the right to work in an environment free from unlawful discrimination. As an EEOC Employee Attorney, I am in the business of protecting the right to be free from unlawful discrimination that arises under various employment laws.
Under federal and/or state and/or local laws, an employer cannot base employment decisions on specific personal characteristics that are not job-related. Personal characteristics, also known as protected classes, include: age, race, color (federal and some local laws), sex, pregnancy, religion, creed, national origin, ancestry (some local laws), disability, marital status (state and some local laws), sexual orientation (state and some local laws), gender identity (state and some local laws), political ideology (local laws only), and honorably discharged veteran and military status (state only). If you feel that you have been the victim of any of the above, seek an attorney immediately.

Common categories of illegal discrimination are:

• Failure to Hire or Promote because of the protected class;
• Wrongful Discharge from Employment;
• Wrongful Disciplinary Action such as reprimand, suspension and demotion because of the employee’s protected class;
• Unequal/ Unfair Treatment because of the employee’s protected class as compared to coworkers, such as denied benefits, different schedules, denied training opportunities, denied salary increases or bonuses, etc.;
• Unfair Religious Treatment or refusal to make an accommodation for a religious practice;
• Failure to accommodate a qualified disability;
• Harassment such as sexual harassment, racial harassment, etc.;
• Creation of a Hostile Work Environment.

Many people know about employment discrimination or EEO (Equal Employment Opportunity) Laws, but they often do not know which laws provide more protection for the employee. By way of example, the Washington State Law Against discrimination requires reasonable accommodation for disabilities that is far more expansively defined than the federal Americans with Disabilities Act of 1990, as amended (aka ADA).
As an EEOC Employee Attorney, Alene represents employees in all types of employment related discrimination lawsuits and claims before state and federal courts and the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protect Board (MSPB), the Washington State Human Rights Commission (WSHRC), etc.

THERE IS NOT ONE WHISTLEBLOWER LAW PROTECTING AGAINST RETALIATION. Instead, there are various laws and regulations that provide protection from retaliation in specific circumstances. Who you are, what you reported/disclosed, and to whom, is relevant in determining whether there are any legal protections from retaliation.

Both private and government employees are often protected from retaliation by specific whistleblower laws when they witness and report abuse of authority, violations of county state or federal laws, activity that creates a substantial danger to public health or safety, or a gross waste in public funds or fraud against the government. Such protections come from a variety of environmental and other whistleblower laws such as the Federal False Claims Act, the Clean Water Act, the Clean Air Act, and many more. Individuals who blow the whistle on any violation of any provision, rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholder, are protected by the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002.
Federal employees are specifically protect by the Whistleblower Protection Enhancement Act that makes federal whistleblower rights stronger than at any time in history, far exceeding rights created by the Whistleblower Protection Act of 1989. Federal employees may bring whistleblower claims before OSC (Office of Special Counsel) and/or the MSPB (Merit Systems Protection Board) and Alene has experience assisting federal employees before the OSC and MSPB.

As a former attorney with the Government Accountability Project and in private practice, Alene has successfully represented numerous whistleblowers (both governmental employees and private company employees) for over twenty-seven years including employees on the Trans-Alaska Pipeline, workers at Commercial Nuclear Power Plants, workers at Hanford and other Department of Energy (DOE) Sites, and employees of various federal government departments and agencies, as well as employees of state and local government

As a federal employee you face unique and complex issues, from the widely inconsistent merit system to the many challenges facing whistleblowers. The system provides protection, but you need a qualified, experienced lawyer to guide you through and I have years of experience representing federal employees before Departments and Agencies, in administrative forums and in Federal Court.

Alene has experience in successfully representation for federal employees in matters of employment law, including:

• Litigating adverse personnel actions before the Merit Systems Protection Board (MSPB),
• Representing federal employees in discrimination and retaliation claims at the Equal Employment Opportunity Commission (EEOC);
• Assisting in whistleblower claims against retaliation before the Office of Special Counsel (OSC) and MSPB;
• Applications for disability retirement compensation (OPM);
• Defending your rights to engage in political activity (Hatch Act);
• Assisting in employee investigations;
• Providing Office of Inspector General (OIG) responses;
•  Filing and pursuing internal agency grievances;
• Appeal the denial, revocation, and downgrade of security clearances; and
•  Defending rights under Family Medical Leave Act FMLA.

If any employer fails to pay wages due and owing to the employee, or for overtime as required by Washington law, that employee may sue for double damages. Most workers who work 40 hours in a 7 day work week must be paid overtime of at least one and one half times the worker’s regular pay. Washington requires that most employees be paid at least Minimum Wage and that employees have the right to Paid Sick Leave. (RCW 49.46.020 and RCW 49.46.210). Washington has the Healthy Starts Act (RCW 43.10.005) requiring employers with 15 or more employees to provide reasonable accommodations to pregnant employees regardless of disability and the statute shows a list of accommodations to be considered and places prohibitions on employers with respect to such accommodations.
Regarding required leave benefits and wages, Washington State has several mandatory family leave laws including the Family Care Act, RCW 49.12.265, Family Leave Act (RCW 49.78), a new Paid Family and Medical Leave Act effective in 2019 (RCW 49.46.010), Leave for Victims of Domestic Violence, Sexual Assault & Stalking (RCW 49.760, Leave for Spouses of Deployed Military Personnel (RCW 49.77), and Family Leave Insurance (RCW 49.86). In addition the City of Seattle has new laws governing wage theft (SMC 14.20); a minimum wage ordinance (SMC 14.19); and Paid Sick and Safe Time Ordinance (SMC 14.16).
Alene provide benefits, wage and hour compliance analysis and litigates minimum wage, overtime, and employee benefits claims as well as representing individuals and businesses on matters of family and medical leave.

Contract disputes arise in employment matters through oral or written agreements and through workplace policy manuals.
Alene has successfully represented employers and employees with respect to contract disputes in state and federal court. She also has successfully negotiated severance packages and prepared separation/resignation agreements and releases.

Washington Courts are very likely to enforce nondisclosure and non-solicitation agreements. Non-Compete agreements will likely be enforced if deemed “reasonable”, as long is the agreement is made before an employee is hired or is made after hiring in exchange for consideration. Alene has experience representing employees with respect to noncompetition contracts, contractual interference, and unfair competition claims.