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I am writing on my daughters behalf and we would like to…

Customer Question
I am writing on...

I am writing on my daughters behalf and we would like to know if business practices we believe to be illegal are grounds for pursuing a case with the labor board. My daughter is 21 and until last Sun. worked for Coming Attractions as an at will employee.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Yes, this is in Aberdeen Washington but their corporate offices are in Ashland Oregon.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Non union - part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My daughter was bullied (harassed) into making a resignation decision in writing because co workers had told management she was thinking of resigning. No mention had been made of this and nothing had ever been written regarding this action.

Submitted: 5 months ago.Category: Employment Law
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Answered in 2 minutes by:
11/21/2017
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,172
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 5 months ago
By all means, take a moment if you need to.
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Great, thank you! Bear with me a moment while I review…

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Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks so much for your patience. Generally, WA is an at-will state, meaning that an employer can terminate a person at any time and for any reason or no reason at all. However, there are some limits and some exceptions to this at-will doctrine.

This appears to be a violation of the implied covenant (promise) of good faith and fair dealing because they terminated her on grounds that basically blocked her access to enjoy the benefits of her employment agreement. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. Now, it may be difficult to overcome the at-will employment rule in your state; however, depending on what your daughter wants to do, this may be helpful. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

Additionally, keep in mind that unless the harassment was based on her sex, gender, age, disability, or race, then there's not much recourse in the law. The good faith issue may be your best bet.

What other questions did you have for me?

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Customer reply replied 5 months ago
No more questions, thank you.
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

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  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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Category: Employment Law
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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).

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