My question involves labor and employment law for the state of: Washington
A month ago my husband walked into his place of employment, went to office to grab coveralls and start work when Shop Foreman said, "here is your last paycheck". My husband said, "what?" and the SP said, "your position is no longer needed here" and hubby said, "I'm fired?" Again SP said, "Your position is no longer needed here" so my hubby said, "so you're firing me?" and SP again said, "your position is no longer needed here". Puzzled, my husband took his check, said nothing and went out to the shop and proceeded to load what tools he could fit in his truck and came home, then went back to borrow a buddies trailer. The entire family going with him to load his tool boxes on a trailer. We went to Unemployment office and filed stating lack of work because the only thing my husband could figure was happening was the business was downsizing as there were fewer and fewer trucks coming in for repair and some days he cleaned up parking lot because there was nothing else to do. A month later, we get a letter from the Unemployment office stating that he filed a false claim because his Shop Foreman wrote on paper and signed stating he was fired for insubordination because he failed to finish work on a truck that required TWO people and didn't ask for any help when there was supposedly help available. My husband said that was a bunch of BS because the particular incident the Shop Foreman was referring to happened when the Shop Foreman was out of the office for several days, which he was often. One guy was on vacation, another one was laid off and the other two guys were in a completely different shop working on a project the Shop Foreman gave them to do. ALSO, at no time was my husband ever told there was a problem, nor was he ever counseled, warned or anything! He has worked for this place for 6 years! We have to fill out this questionnaire from the Unemployment Office asking questions from my husband about what happened and who told him, etc...plus he may have to pay back the unemployment benefits he received for a week and a half because of this. My husband found another job quickly and is doing well! Some things that need to be told about his former employer is that they do not provide respirators for their employees who weld, which my husband can do too. The Shop Foreman has thrown tools AT employees, yells and cusses a lot amongst other things.
Our worry is that we will get in trouble from L&I for the unemployment benefits because the online form didn't have choices that really fit what happened and because my husband thought it was due to the lessening work load, he put lack of work as the reason. NOW we know what the Shop Foreman put and it's a blatant lie. What recourse do we have? Why would a Shop Foreman write a blatant lie knowing my husband would fight that? We think this came from higher up and the Shop Foreman is thinking they will cover for him when in fact HE may go down the road too! We are considering calling OSHA, WISHA, L&I and reporting this business and especially the Shop Foreman for work place bullying. On L&I website the list for that fits this man perfectly. What can we do?