Employment Law Questions? Ask an Employment Lawyer.
Is this a public or private sector job? Did you terminate your employment because of the promise of a per diem employment position? What would your basis for a grievance be?
Public sector. No I did not terminate with the promise of per diem employment, I terminated to go back to school and further my career. It is my understanding that a position must be posted in order for them to hire. I am currently considered and in house employee for 6 months following my termination and would have seniority over new hires.
Thank you. While I have experience in many areas of employment law, I don't have much in public sector law, so I am going to opt out and let another expert address your issue. Good luck!
Hello - I'm a WA State licensed atty working here under a pseudonym. I worked for WA ST Govt for about 21 years.
Which agency? And what was your job title?
Jane Doe Deer
Oh, this isn't a governmental entity then.
Do you have a union?
Or were you an "at will" employee? (no contract, no union)?
Why are you still considered an "in house" employee until next February if you quit your job? Do you have any contractual rights?
I don't see how you have any rights if you don't have a contract. I don't see how you can file a grievance if you no longer work for the employer.
Employers can hire or fire whomever they want, anytime they want, if it's an at will employer.
I can't give you any legal advise here, as you know.
If your options are to attempt to file a grievance or not, you will just have to do a cost/benefit analysis of each of those two options - doing nothing, or filing a grievance.
As a WA resident myself, however, it seems to me that there are openings all over the place for people in your field - have you tried Franciscan, Multicare, or Group Health, for example?
But I have no legal solutions for you if you have no contract.
Sorry about the bad news.
I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.
Bonuses of even a few dollars are much appreciated.
I REALLY appreciate POSITIVE FEEDBACK!
I have to take a break. I'll opt out, and if no one picks up your question by the time I return, I'll pick it back up.
First, sorry for any delay in getting back to you. I'm visiting relatives for Thanksgiving. I'm sorry that no other Expert picked up your question, as I thought someone would. I've opted back in.
Yes, it's conceivable that a viable argument could be made that the polices/procedures to which you agreed in writing formed the basis of a contract. It depends on how everything was written up.
If it looks like "you can't work here unless you agree to the following," and you did agree, in writing, then you may be able to argue successfully that the employer breached the contract by not bringing you back.
Where do you want to go from here? I can't make any individual recommendations for attorneys, but I can tell you that there is a very large law firm with offices in Tacoma and Seattle that took a leadership role in representing plaintiffs in some wage and hour cases (you know, those cases where people were required to appear for work 15 minutes before their shift started, but weren't being paid for the 15 minutes, etc...).
Often, people think that the large law firms just represent corporations, but actually many of them have the resources to represent a sole employee, like you.
If I may be of any further help, please write back. Give me a little extra time, because it's Thanksgiving week, and my time isn't quite my own.
Otherwise, please click "accept" so that JustAnswer and I can be paid.
Either way, Happy Thanksgiving to you and yours.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).