[WA] How do you handle whistleblower retaliation in a union grievance process?
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I have concerns that I am being retaliated against by my employer. Here is some background: I have been at this company since November 2019, working nights full time at a shelter. In June 2023, I was promoted to a position of RN Supervisor on an outreach team. While on that team and in that position, I received progressive discipline, including a corrective action plan, which they state I failed. In October 2024, funding for my position dried up and I was laid off. I then took a staff RN position on the team I had formerly supervised. (Context: staff RN positions are union, supervisor positions are not union.) My new staff RN position started November 2024. In November 2024, I was informed by HR that I was in "good standing." I have not had any progressive discipline in my new staff position. In that time, I have received a positive yearly performance evaluation. That team lost funding, and I applied for and was hired into a different staff RN role in the company in March 2026. My first day in the new position was March 17. I was told on April 27 that I have one month left to be a nurse due to being "unsafe." Documentation provided to me states they documented failure to communicate in a chat on March 20, crying on March 25 and 26, and asking a question in the wrong chat on April 9. My employer is attempting to claim that I am an "unsafe nurse," but I have not made any medication or procedural errors. My employer has not filed an incident report, nor is there an extraordinary occurrence documentation. My employer has told me that I have one month left to work as a nurse, and as I am unsafe, after a month, they will permit me to work in one of their non-nursing positions. The claim that I am an unsafe nurse has been a verbal claim; they have not put that claim in writing. All the documentation presented to me in regard to this matter states only that I am no longer permitted to work as a nurse. The reasons stated concern crying in the workplace and claims that I asked another nurse too many questions. This seems unusual to me. I am working with the union, who has filed a grievance for unjust cause (no recent discipline and a brand new position). The company states this represents a pattern dating back to my time as a supervisor in a non-union represented position. I suspect this is retaliation by my employer. I am not certain what they could be retaliating against me for, but I have an idea. It may be because I attempted to blow the whistle on my employer's lack of provision of ADA accessible living conditions for their residents in a particular building. The bathroom walls are built out of a material that prevents the external fixation of grab bars and other accessibility devices. These conversations occurred from July 2025 to February 2026. As of now, I have yet to report the ADA violations to a governing agency.
I'm sorry to hear about the challenges you're facing with your employer; that sounds incredibly stressful. Have you documented all instances of the alleged retaliation and any communications with HR regarding your situation?
The retaliation is currently occurring; I have not made previous claims of retaliation.
Have you discussed your concerns about potential retaliation with your union representative, and what steps have they advised you to take?
The union has filed a grievance for just cause (as the employer is attempting to fire me without progressive discipline). I will tell the union tomorrow that I am concerned this is retaliation.
Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your retaliation concerns.
I don't think so.
Thank you for choosing our service! My name is Jessica, and I am a licensed attorney who will be assisting you with your question. I understand you're dealing with a situation involving potential retaliation by your employer after raising concerns about ADA compliance. Have you considered any specific actions or legal steps you might take in response to this situation?
No, I have not. I'm unsure what to do. They're currently attempting to fire me for being an "unsafe nurse," although they've only verbally used that phrase. (You probably read that in my above description.)
I understand that your union has filed a grievance for unjust cause. Have they provided any timeline or next steps for this grievance process?
Yes. The steps are:
- Meet with supervisors to discuss the grievance to see if there is a resolution (done, no resolution reached).
- Meet with the director of HR to discuss the grievance to see if there is a resolution (happening tomorrow). If there is no resolution...
- Meet with the executive director of the organization to discuss the grievance to see if there is a resolution.
- If there is no resolution, AND the union's lawyers think an arbitration case will be successful, it will go to arbitration.
The resolution I desire is to either continue working there or resign with my file marked as "rehirable." I am unsure when to mention my concern of retaliation for whistleblowing regarding ADA compliance. Is this something that would be good to mention in the meeting with the HR director tomorrow?
It's great that you have a clear timeline for the grievance process.
Regarding your concern about retaliation for whistleblowing, it would be beneficial to mention this during your meeting with the HR director. This will ensure that your concerns are formally documented and considered as part of the grievance process. Federal law prohibits retaliation against anyone who has opposed a practice made unlawful by the ADA (42 U.S.C. § 12203), and Washington law similarly protects employees who oppose disability discrimination (RCW 49.60.210). Make sure to clearly explain the connection between your whistleblowing and the actions you believe are retaliatory.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!
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