Retaliation in the Workplace

L&I is here to help you address workplace retaliation. That’s when your employer takes action against you for exercising a legally protected, employment right. To ensure your retaliation complaint is handled by the right team, please take a moment to identify which scenario fits what happened to you.

Whether it’s related to safety, wages, or protected leave, choosing the correct category will help us address your complaint as quickly as possible. Below are the types of retaliation protections L&I enforces.

Safety & health retaliation

Your employer may not fire you or retaliate against you solely because you have exercised your workplace safety & health rights. If you believe your rights have been violated report safety & health retaliation within 90 days. Learn more about safety & health retaliation.

Minimum wage act retaliation

L&I investigates allegations if your employer retaliates against you for exercising a protected right under the Minimum Wage Act (WAC 296-128).

These protections include rights to:

  • Be paid at least minimum wage for all hours worked.
  • Receive overtime pay for hours worked over 40 in a work week.
  • Accrue, and be allowed to use, paid sick leave.
  • Be paid tips and service charges.
  • Be able to discuss potential violations of these rights with your employer.
  • File a complaint with L&I regarding any of these rights.

While Washington is an at-will employment state, employers cannot fire or retaliate against employees exercising a protected right or filing a complaint under the Minimum Wage Act. If you believe you have been retaliated for exercising any of the above protected rights, there are three ways you can file a Minimum Wage Act Retaliation complaint:

Healthcare labor standards

We enforce meal and rest break laws for healthcare workers, along with mandatory overtime protections. If a covered worker feels that they have been subjected to retaliation for exercising their right to a protected activity, discusses a potential violation of their rights or files a complaint, we are able to assist with opening an investigation.
Health Care Labor Standards
Healthcare Labor Complaint

Claim suppression

Your employer cannot prevent you from filing a workers' compensation claim. If an employer prevents you from filing a workers' compensation claim for a legitimate workplace injury it can be considered a form of claim suppression.

Learn more about claim suppression.

If you believe your employer has suppressed your right to file a workers' compensation claim. Report File a claim suppression complaint.

Workers' compensation discrimination

Your employer may not discriminate or retaliate against you for filing a workers' compensation claim.

Learn more about workers' compensation discrimination.

If you believe your employer has discriminated or retaliated against you for filing a workers' compensation claim. Report Workers' Compensation Discrimination.

Equal Pay and Opportunities Act (EPOA)

L&I investigates violations of the state Equal Pay and Opportunities Act to determine whether your employer treated you or a job applicant unfairly in pay or career advancement opportunities based on gender or another protected class. Investigations also include job posting requirements. Employers must include wage scales or salary ranges, along with a general description of benefits and other compensation, in job postings.

The act, RCW 49.58, applies to these protected classes: age (40 and older), sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

Learn more about the Equal Pay & Opportunities Act.
Equal Pay & Opportunities Act complaint form. (F700-200-000)

Family care act

L&I investigates complaints involving leave that you take to care for family members in instances protected under the state’s Family Care Act. Complaints can include employers denying leave for a family care-related reason specified under the law, disciplining or retaliating against you for using that leave, or failing to properly inform you of your rights to family care leave. Laws that apply to family leave are RCW 49.12.270, RCW 49.12.275, and RCW 49.12.287.

Learn more about the Family Care Act
Protected Leave complaint form (F700-144-000)

Domestic violence leave act

L&I investigates complaints if you believe your employer violated the state’s domestic violence leave law. Investigations help ensure that employees who are victims of domestic violence, sexual assault, stalking, or a hate crime can take protected leave without losing their job or experiencing retaliation from their employer. State law RCW 49.76 also requires employers to provide reasonable safety accommodations when requested to help keep the employee safe at work.

Learn more about Domestic Violence Leave
Protected Leave complaint form (F700-144-000)

Military leave

L&I investigates complaints of employers denying you leave if your spouse in the military is deployed. Violations of the Military Family Leave Act include failing to provide the non-military spouse the required 15 days of leave, failing to restore the employee to the same or equivalent position when returning from leave, and improperly restricting the use of paid leave. Violations also include retaliation or discrimination against an employee for requesting leave, participating in an L&I investigation, or filing a complaint. State laws that apply to military leave for spouses are RCW 49.77.010, RCW 49.77.020, RCW 49.77.030, RCW 49.77.040, and RCW 49.77.50, RCW 49.77.060, and RCW 49.77.070.

Learn more about Leave for Military Families & Certain Emergency Personnel
Protected Leave complaint form (F700-144-000)

Isolated worker

L&I investigates complaints of employers failing to provide protection from sexual harassment and assault to isolated employees, such as janitors, hotel and motel housekeepers, room service attendants, and security guards. Possible violations include failing to provide required safety measures, such as panic buttons, not having or following proper reporting procedures, and retaliating against employees for reporting incidents or requesting protections. The state law requiring protections for isolated workers is RCW RCW 49.60.515.

Learn more about Isolated Worker Protections
Isolated Employee complaint form (F700-238-000)

Adult entertainer

L&I investigates complaints against employers who have violated state-required protections for entertainers working in adult entertainment establishments. Violations could include improper handling of tips, fees, and other types of pay and failing to provide written employment contracts that comply with state law. The law, RCW 49.17.480, includes protections for workers who experience retaliation for invoking their employment rights.

Learn more about Adult Entertainer Safety and Labor Standards
Adult Entertainer Rights complaint form (F700-231-000)

Transportation network companies

L&I enforces laws and regulations governing Transportation Network Companies (TNCs) to protect drivers’ rights, support riders, and promote fair, safe, and accessible rideshare services. The state law covers only drivers who provide rideshare services to passengers. TNC laws do not protect service and gig drivers such as those driving for Uber Eats and Doordash.

Learn more about Transportation Network Company Drivers' Rights
Rideshare complaint form

Warehouse

The state warehouse quota standards law helps make sure workers at certain warehouses are treated fairly when employers use productivity quotas under RCW 49.84.
L&I enforces laws that:

  • Require employers to clearly explain quota expectations in writing.
  • Ensure workers are not punished for quotas that were not properly disclosed.
  • Ensure quotas allow enough time for rest breaks, restroom use, safety needs, and required job tasks.
  • Protect workers from retaliation if they speak up.
  • Require L&I to handle complaints when quotas interfere with exercising rights.

These protections apply to warehouses with at least 100 employees in a single location or 1,000 employees statewide in certain industries.

Worker rights complaint form

Leave for volunteer firefighters, reserve officers, civil air patrol members

L&I investigates complaints from volunteer firefighters, reserve officers and Civil Air Patrol members who believe their employers violated volunteer laws. An employee may not be fired or disciplined for leave taken related to a fire alarm or emergency call or a Civil Air Patrol member taking leave related to an emergency operation. RCW 49.12.460 defines the statute further.

Learn more about Leave for Military Families & Certain Emergency Personnel
Protected leave complaint form

Related Resources