Most employees in Washington have heard the phrase “at-will employment,” but many are unsure what it actually means. Some workers mistakenly believe that employers can fire employees for any reason whatsoever. Others assume that any termination they believe is unfair automatically gives them a legal claim.
The truth lies somewhere in between.
While Washington is an at-will employment state, employers do not have unlimited power when it comes to firing employees. Numerous federal and state laws protect workers from wrongful termination, and understanding these protections can help employees recognize when a termination crosses the line from lawful to unlawful.
What Is At-Will Employment in Washington?
Under Washington’s at-will employment doctrine, employers generally have the right to terminate an employee at any time, with or without notice, and for almost any reason. Likewise, employees are generally free to leave their jobs whenever they choose.
However, “almost any reason” does not mean “any reason.”
Employers cannot terminate workers for reasons that violate state or federal law. When a termination is based on an unlawful motive, the employee may have a wrongful termination claim.
When Does a Termination Become Wrongful?
A termination may be considered wrongful if it violates employment laws or public policy.
A common example of a wrongful termination is when the termination is considered discrimination. Under Washington and federal laws, employers cannot terminate employees on the basis of:
- Race,
- Color,
- National origin,
- Religion,
- Sex,
- Pregnancy,
- Disability,
- Age,
- Sexual orientation,
- Gender identity,
- Marital status, and
- Veteran status.
Further, employers may find protection when they are fired for engaging in legally protected activities, like:
- Reporting workplace discrimination or harassment,
- Requesting reasonable accommodations,
- Filing a workers’ compensation claim,
- Participating in an employment investigation,
- Reporting safety violations, and
- Reporting wage and hour violations
Claims involving any of the above are referred to as “retaliation claims,” and they are among the most common types of wrongful termination cases.
Finally, Washington courts recognize wrongful termination claims when an employee is fired for reasons that violate public policy. Examples may include when an employee is fired for refusing to engage in illegal conduct, reporting illegal activities by an employer, and participating in jury duty.
Can an Employer Fire You Without Giving a Reason?
Yes. In many cases, Washington employers are not required to provide a reason for termination.
However, the absence of an explanation does not necessarily mean the termination was lawful. Employers sometimes avoid giving reasons when they are concerned that the actual motivation may expose them to legal liability.
Employees who suspect discrimination, retaliation, or other unlawful conduct should consult an employment attorney to evaluate the circumstances surrounding their termination.
How Wrongful Termination Cases Can Lead to Class Action Lawsuits
Some wrongful termination cases reveal problems that affect far more than one employee.
For example, an employee may discover that an employer has implemented a company-wide policy that unlawfully impacts an entire group of workers. In these situations, multiple employees may have similar legal claims arising from the same practices.
When numerous employees have suffered similar harm, a class action lawsuit or other representative action may be appropriate. These cases allow groups of workers to pursue claims collectively rather than filing separate lawsuits.
Class actions can significantly increase an employer’s financial exposure because damages may be sought on behalf of a large number of current and former employees.
The Connection Between Wrongful Termination and Unpaid Wage Claims
Wrongful termination claims are often accompanied by wage and hour violations.
In many cases, employees who are fired after raising concerns about compensation discover that their employer has failed to comply with Washington wage laws.
Common wage violations that may accompany wrongful termination may involve:
- Unpaid overtime,
- Final paycheck violations,
- Missed meal and rest breaks,
- Unpaid commissions or bonuses, and
- Wage retaliation.
Contact Nolan Lim Law Today
Nolan Lim Law is a dedicated Seattle employment and civil rights law firm committed to protecting the rights of employees across Washington state and nationwide. If you have questions about being terminated or fired from your job, our experienced Seattle employment attorneys can help further inform you of your rights. Contact us now and let’s provide you with the protection you deserve.
