Employment Law

Whistleblower Retaliation and Severance Package Negotiation

Washington State’s Law against Discrimination (WLAD) and related statutes have teeth, and they are liberally construed in favor of employees who have been subjected to illegal treatment by their employers. These laws have a strong, explicitly stated desire to protect workers from retaliation for exercising certain protected rights, too many to enumerate.

Everybody with a work history knows what retaliation looks like, has seen some form of it through their family, friends or work.

If you feel you have experienced workplace retaliation, there may be a remedy. Maybe it’s time to get on down the road, time to move on. Maybe your employer wants you gone as much as you would like to oblige them. If so, how do you exit with the least damage and best path forward? Maybe it’s time to consider negotiating an exit strategy.

Feel free to contact me to learn more.

Representative Cases

Less than 5% of all cases that are filed actually go to trial, historically. A small percentage of those are appealed and make new law. Over the past four decades I’ve handled cases that have made new law nationally under the Constitution, and in Washington state courts for WLAD retaliation clients. Some representative cases are:

Martinez v. City of Tacoma, 81 Wn. App. 228, 914 P.2d 86 (1996) (WLAD retaliation verdict for Mr. Martinez against his employer, Tacoma Human Rights Commission, established right to full attorney fee award for all reasonable time, regardless of amount of verdict).

Crawford v. Washington, 541 U.S. 36 (2004) (criminal defense of Mr. Crawford in Thurston County attempted murder case led to the U.S. Supreme Court’s significant, unanimous expansion of the 6th Amendment right of confrontation).

Frunz v. City of Tacoma, 468 F.3d 1141 (9th Cir. 2006) (Federal 4th Amendment warrantless search and seizure violations, and excessive use of force verdict for Ms. Frunz affirmed on appeal with clarified and expanded constitutional protections).

Currier v. Northland Servs., Inc., 182 Wn. App. 733, 332 P.3d 1006 (2014) (WLAD retaliation verdict for Mr. Currier as an independent contractor after opposing what he reasonably perceived to be discriminatory acts under state law against discrimination).