Washington Wrongful Termination

Washington state wrongful termination occurs when an employee is fired from a job for illegal reasons. Often, reasons for filing a Washington wrongful termination lawsuit have to do with violations of federal law, rather than violations of Washington state employment law.

Washington State is an "at-will" state, meaning businesses and employers do not have to give a reason or warning for terminating an employment. Aside from federal laws governing workplace discrimination and retaliation, there are no laws governing the reasons for an employer ending an employment situation. An employer can fire an employee for no reason, so long as the termination does not violate a contract or the employer's own termination policy.

Despite Washington being an "at-will" state, there are laws that protect workers. Federal laws make it illegal for an employer to fire an employee for discriminatory reasons, such as race, sex, sexual orientation, age, marital status, national origin, gender identity, religion or disability. An employer also may not fire an employee for reasons that violate public policy, such as filing an injured worker claim, exercising legal rights or performing a public duty.

It is also illegal to fire an employee in retaliation for being a whistleblower, for refusing to take part in illegal activities or for complaining about working conditions.

If an employer has a contract or employment agreement with an employee—including an implied contract, such as telling an employee that his or her employment is secure—and the employee is fired in breach of that contract, the employee can file a wrongful termination lawsuit. In such cases, the courts will determine if an implied contract existed and if the firing violated that contract.

Furthermore, if an employer has written guidelines setting out the circumstances that result in firing an employee and the employment termination violates those guidelines, the employee can file a lawsuit.

Although independent contractors have fewer employment protections than employees, they may still be able to file a wrongful termination lawsuit if their termination violates the employment agreement or contract.

If an employee feels he or she has been fired from a job in violation of federal or state laws, or in violation of an employment contract or company policy, the employee can file a wrongful termination lawsuit to be reinstated to the position, to recover lost wages and to obtain damages.

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Last updated on Dec-9-13