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If an employee files an L&I claim and a employer makes a bogus claim with no proof to it and fires said employee, what legal a

Asked over 2 years ago - Puyallup, WA

Employment

In june I filed an L&I claim when the employer got the letter in the mail she went balistic and started screaming about how i was running her in the groun d then proceeded to minimize my health benefits then took away my vacation and cut my hours. Shortly after this She fired me for being the manager on duty when a deposit was missing. She openly admitted that she could have thrown it away but the fact remains I was manager on duty. She then filed a police report so she could get ins money. There have never been charges for this.

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Attorney answers (1)

Nigel Stephen Malden

Reputation Level 10

Answered over 2 years ago. Employment / Labor Attorney in Tacoma, WA.

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There is a WA statute that specifically prohibits employer from retaliating against an employee for filing an injury claim with L&I.

The challenge is to prove retaliatory motive. It is not always easy to prove what was in someone's head without a smoking gun document or strong independent witness who heard an admission. Usually the employer claims other reasons that are performance related. Sometimes they are pretextual, sometimes not. You should probably consult with an attorney to determine whether you have sufficient proof of retaliatory motive.

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