My question involves labor and employment law for the state of: wa
June 17th I was fired from my job shortly after coming into work. The reason I was given for being fired by my manager was that "for the last two days I had a bad attitude and she felt that I didn't trust her"
I filed for unemployment and found Jul 11th that it was denied do to misconduct. my manager stated to the unemployment office that there was a final incident that occurred. she stated June 16th a "manager asked if i was okay" and I yelled at her using profanity telling her that I wasn't okay." then I continued to working however my performance was very inconsistent. She also stated that this was a behavior that I displayed often therefore the decision was made to terminate me. The letter I received from the unemployment office states that they also received statements from the managers that were present at the time I conducted my self inappropriately.
I am 100 percent sure that the reason I was fired was out of retaliation for me asking for overtime wages that I wasn't paid.
*I started working for the employer mid Sept 2008 as a full time employee and was fired june 17th
* I was told when I started that after a year I would be eligible for health benefits through the company.
* 60 days after working there I asked a manager why I didn't get paid overtime and he told me "if a company has less than 20 employees it doesn't have to pay overtime."
* after approximately 90 days I was given a raise due to "doing a good job"
* approximately Jan 12th I asked to speak to my general manager in private. I asked her why we didn't get paid overtime ? she also stated" if a company has less than 20 employees it doesn't have to pay overtime."
* approximately Feb 10th I asked the GM to speak in private again. I told her that I think I was supposed to be paid overtime. her response was "if I'm going to keep bringing it up I should start looking for another job"
She than told me that "they had never payed its employee's overtime" and "cant afford to, being that they are a small business", she then restated that they didn't have to pay being that it was the law.
I then presented her with a document from the L.N.I web sight proving that no such law existed. and she told me she would check into it but was sure she was right.
* approx 30 min later there was a managers meeting. and when they got back the GM asked to speak with me outside. she told me that she researched the subject and "they where indeed supposed to pay over time and that it had been that way for awhile." she then said "that the company isn't doing good with the economy and that if they had to start paying the employees back overtime they would start taking away some of our benefits. like health insurance. No one was ever repaid.
* May 1st a manager informed me that ' every ones hours are getting cut and that we would no longer be working Fridays
* approximately June 12th the general manager handed out employee hand books for every body to read and sign.
* June 15th I asked the general manager how I could sign up for health benefits when my year was up and she told me that I could not get health benefits. because I was moved to part time.
I asked her why I wasn't told I wouldn't be allowed benefits and she told me that she "assumed I knew that, when I got moved to part-time."
I told her that "I hadn't even been informed that I had been moved to part time!" she smiled and told me there was nothing she could do about it.
* I went back to work. shortly afterwords I asked my manager if it where okay if i took my 30 min lunch break. and he said okay. after I came back to work I finished out the day.
* I worked all day Tuesdays jun 16th with out incident.
* Wednesday June 17 I came into work @ 9:00am shortly after(9:05) the GM said she needed to have a managers meeting . All the present managers left the premises.
* about 45min to a hour later all the managers came back and flower asked to speak with me in private.
she then informed me that she thought that "I had a bad attitude for the last 2 days" and that she felt that "I didn't trust her". she said " it just isn't working out and that they where letting me go." at that time she did not mention the alleged yelling incident" as a reason for me being fired.
* I clocked out and left. 15 min later I came back and asked about my hire date and when I would be paid my overtime she told me that "they wouldn't be paying me my overtime". and I left.
my employer is claiming that the "yelling" incident happened after I had the talk with my GM about my health benefits because I was upset. they claim that this happened on the 16th. the talk we had actually happened on the on the 15th and at no time did I yell or act inappropriately with anyone.
I am appealing the decision of the denial of my unemployment benefits. and expect to have my appeal soon.
the company that I worked for is a very small business. there were 3 people in production including me. 4 people in packaging, 1 person in shipping, the GM and the owner. Out of those 10 people 6 were considered managers. the other two people I worked with in production where both considered managers (and are also dating.) the lone shipper was a manager and 1 of the packagers was also a manager.
the two managers that submitted statements about my alleged "yelling" incident were the other two production workers.
I had never been given any type of warning what so ever about misconduct or inconsistent performance. I have never had a formal or informal review regarding my performance. nor have I ever been told that my performance wasn't up to par. I also had never been disciplined for any action what so ever my entire time working there.
The manager in shipping has offered to be a witness at my appeal.
I can prove that the company has not paid any of its employees overtime. and that they where aware that they should have. I can also prove that it has never been a policy to deny an employee benefits after working there a year.
my witness will testify they he feels I was picked on and treated unfairly by the company after I brought up the overtime issue. he will also testify that the manager told him I was fired because" I just wasn't working out" with no mention of the "yelling" incident. He was also in view the entire time I talked to my manger about the health benefits and will testify I was calm and didn't act inappropriately.
I plan on asking the judge to subpoena the GM, Owner and two Managers that made the statements. I also want my former company to submit any performance reviews, disciplinary actions or proof of previous inconstant performance or misconduct(I know there is none) plus I want them to submit all written rules, regulations, or employee handbooks (which none existed until 3 days before I got fired)
The big one is that I want them to submit the time cards for all employees working June 15th, 16th, and 17th, because they alleged I cursed at my manager on the 16th but I'm 95% sure one of the managers that stated he witnessed it didn't even work that day!
the company I worked for was very laid back and was very informal. cursing was very much excepted and everyone cursed quite a bit. it is safe to say that other than racial slurs there was nothing that couldn't be said around there. one of the managers even got suspended for threatening to kill another coworker if he came into work! but yet he is still working there.we had beer Fridays where we would work and drink beers. I am positive I didn't "yell" at anyone but I don't know if I used a curse word because its something that was done every day there by everyone. and that was the final incident they gave for firing me
I need help! my company is trying to screw me because my evil GM thinks its okay to play games with peoples lives. like not paying them overtime, denying them health benefits then firing them. Any help with my appeal or filing a wrongful termination lawsuit will be greatly appreciated.

