Washington Wrongful Termination

Wrongful termination in Washington occurs when an employer fires an employee for unlawful reasons that violate federal or state anti-discrimination laws, public policy, or a written, oral or implied employment contract. If you believe you have been the victim of wrongful termination in Washington, consult an experienced Washington employment law attorney today for legal help. You may be entitled to financial compensation for your losses, including back pay, reinstatement to your previous job position, and possibly even punitive and compensatory damages for pain and suffering, and a knowledgeable lawyer can help you protect your rights and pursue your claim in court.

Understanding At-Will Employment

Like most states, Washington is an at-will employment state, which means the majority of employees in Washington can be fired at any time and for any reason, or for no reason at all. However, there are important exceptions to Washington’s at-will employment doctrine which protect employees from termination on the basis of a legally protected activity, which may include reporting unlawful activities, or participating in an investigation into the practices of the employer.

Types of Wrongful Termination in WA

Despite Washington being an at-will employment state, there are state and federal wrongful termination laws in place that prohibit Washington employers from firing employees for discriminatory reasons, in retaliation for exercising their rights, in violation of an employment contract, or for taking time off work for certain personal responsibilities or civic obligations, such as jury duty. These employee protections are described in further detail below.

Discrimination

Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other state and federal anti-discrimination laws prohibit employers in Washington from firing an employee on the basis of a protected characteristic. Protected characteristics in Washington include the following:

• Color
• Creed
• Race
• Sex (including pregnancy)
• Disability
• Use of a service animal
• Sexual orientation
• Age (40 or older)
• National origin
• Marital status
• HIV/AIDS
• Gender identity
• Veteran or military status

Retaliation

The term “retaliation,” when referring to a wrongful termination claim, involves an employer firing an employee in retaliation for exercising his rights, i.e. for reporting discrimination in the workplace, for participating in a discrimination investigation, for refusing to take part in illegal activities, for reporting illegal activities on the part of the employer, for reporting unsafe working conditions, or for filing a workers’ compensation claim. Whistleblowers, or employees who report wrongdoing on the part of their employer, have specific protections under anti-discrimination laws that prohibit discrimination against employees who engage in conduct protected by public policy.

Breach of Contract

In the state of Washington, an employer is prohibited from firing an employee when the firing results in the breach of a contractual agreement, such as an employment contract, collective bargaining agreements, or policies outlined in company handbooks or manuals. This also applies to oral agreements, or instances where the employer makes clear and unambiguous statements of job security to the employee. If you have a written, oral or implied employment contract that promises you job security, you may not be considered an at-will employee, and your employer may not be able to fire you without cause, despite Washington’s at-will employment doctrine.

Time Off Work

Under the federal Family Medical Leave Act, eligible employees in Washington have the right to take time off work for certain personal responsibilities and civic obligations, such as jury duty, voting, military leave, and caring for a seriously ill family member, without fear of retaliation in the form of wrongful termination. An employer who fires, threatens, coerces or harasses an employee for taking such time off work may be in violation of state and federal anti-discrimination laws.

Contact a Washington Wrongful Termination Lawyer Today

Understanding the various exceptions to Washington’s at-will employment doctrine can be confusing and frustrating, especially if your termination from employment falls into more than one legally protected category. If you were fired from your job in Washington, and you believe your employer’s motivation for firing you was unlawful, you may have grounds to bring a wrongful termination claim against your employer, even if you are an at-will employee. Contact a knowledgeable WA wrongful termination lawyer as soon as possible to discuss your legal rights.