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Wrongful Termination in Washington: Understanding Your Rights

Washington is an at-will employment state that provides strong wrongful termination protections through both state and federal law. Unlike employer-friendly states, Washington has the Washington Law Against Discrimination (WLAD), recognizes public policy wrongful termination, and provides comprehensive wage and leave retaliation protections.

At-will employment means your employer can generally fire you for any lawful reason or no reason at all. However, termination is illegal if it violates anti-discrimination laws, constitutes retaliation for protected activities, violates public policy, or breaches an employment contract.

If you’ve been fired in Washington, understanding when termination crosses the line from “unfair but legal” to “illegal wrongful termination” is critical to protecting your rights.

At-Will Employment in Washington

What At-Will Means

Washington law presumes all employment is at-will unless an exception applies:

Employers can:

  • Fire you for any lawful reason or no reason
  • Fire you without advance notice or warning
  • Fire you without progressive discipline
  • Change job duties, pay, or benefits at any time

Employees can:

  • Quit at any time without notice
  • Leave for any reason
  • No legal obligation to give two weeks’ notice (unless contract requires)

Example: Your employer fires you on Friday with no warning and no reason given. This is legal under Washington’s at-will employment doctrine, unless the real (undisclosed) reason is illegal discrimination, retaliation, or public policy violation.

Washington Courts and At-Will Employment

Washington Supreme Court has upheld at-will employment while recognizing important exceptions:

  • Employee handbooks generally don’t create contracts (unless very clear contract language and consideration)
  • Employers have broad discretion in employment decisions
  • However, Washington recognizes meaningful exceptions protecting workers

Washington is more worker-friendly than states like Georgia, Texas, or Florida in recognizing wrongful termination exceptions.

Exceptions to At-Will Employment in Washington

1. Washington Law Against Discrimination (WLAD)

Washington’s state anti-discrimination law prohibits termination based on protected characteristics:

Protected classes under WLAD (RCW 49.60):

  • Race, creed, color
  • National origin, ancestry
  • Sex (including pregnancy, sexual orientation, gender identity, gender expression)
  • Age (40+)
  • Marital status
  • Disability (physical, mental, sensory)
  • Veteran or military status
  • Use of service animal
  • Genetic information
  • HIV/AIDS status
  • Hepatitis C status

Covered employers: 8 or more employees

Key advantages:

  • WLAD covers employers with 8+ employees (federal Title VII requires 15+)
  • Broader protected classes than federal law (marital status, HIV/AIDS, hepatitis C)
  • Strong remedies including compensatory and punitive damages

Example: You work for a 12-person company. You’re fired because you’re gay. Federal Title VII doesn’t apply (only 12 employees, requires 15+), but Washington Law Against Discrimination does apply (covers 8+ employees). You can file complaint with Washington State Human Rights Commission.

Filing: Washington State Human Rights Commission (WSHRC) within 1 year (365 days)

Learn more: Washington Workplace Discrimination Laws

2. Federal Anti-Discrimination Laws

Title VII (race, color, religion, sex, national origin):

  • Covers employers with 15+ employees
  • File EEOC charge within 300 days in Washington

Americans with Disabilities Act (ADA) (disability):

  • Covers employers with 15+ employees
  • Requires reasonable accommodation

Age Discrimination in Employment Act (ADEA) (age 40+):

  • Covers employers with 20+ employees

Genetic Information Nondiscrimination Act (GINA):

  • Covers employers with 15+ employees

Example: You work for a 60-employee company. You’re 59 years old and fired during “restructuring.” Replaced by 31-year-old. You have claims under both federal ADEA and Washington WLAD for age discrimination.

3. Public Policy Wrongful Termination

Washington recognizes wrongful termination when firing violates “clear mandate of public policy.”

Washington courts have recognized public policy claims for:

Exercising statutory rights:

  • Filing workers’ compensation claim (strongly protected)
  • Serving jury duty
  • Voting or taking voting leave
  • Taking military leave
  • Whistleblowing under specific statutes

Refusing to violate law:

  • Refusing to commit perjury
  • Refusing to violate professional licensing requirements (nurses, attorneys, accountants)
  • Refusing to participate in fraud or illegal activity
  • Refusing to violate health and safety regulations

Reporting employer’s illegal conduct:

  • Reporting violations of law to appropriate authorities
  • Washington courts protect reporting in many contexts

Example: Your boss orders you to dispose of hazardous waste illegally in violation of environmental regulations. You refuse and report the violations to Washington Department of Ecology. You’re fired for “not following instructions.” This violates Washington public policy—you cannot be fired for refusing to violate environmental laws or for reporting violations.

Washington’s public policy exception is moderately broad—more protective than Georgia or Texas, though perhaps slightly narrower than California.

4. Wage and Leave Retaliation

Washington statutes prohibit retaliation for wage and leave-related activities:

Wage complaint retaliation (RCW 49.52):

  • Filing wage complaint with Department of Labor & Industries
  • Complaining about unpaid wages or denied breaks
  • Discussing wages with coworkers (protected under Equal Pay Act)

Paid Family and Medical Leave retaliation:

  • Requesting or taking WA Paid Leave
  • Filing complaint about leave denial
  • Opposing interference with leave rights

Example: You file complaint with L&I alleging your employer denied you meal breaks (required by Washington law). One week later, you’re fired for “performance issues” despite excellent reviews. This is likely illegal retaliation for filing wage complaint.

5. WLAD Retaliation

Washington Law Against Discrimination prohibits retaliation for opposing discrimination:

Protected activity:

  • Filing WSHRC discrimination complaint
  • Testifying in WSHRC investigation
  • Opposing discrimination (complaining to HR, confronting harasser)
  • Supporting coworker’s discrimination complaint

Example: You file WSHRC charge alleging sex discrimination. Fifteen days later, you’re fired for alleged “reorganization” while less qualified male employees are retained. Temporal proximity (15 days) creates strong inference of illegal retaliation under WLAD.

6. Federal Retaliation Protections

Federal laws prohibit retaliation for protected activities:

Title VII, ADA, ADEA retaliation:

  • Filing EEOC charge
  • Opposing discrimination
  • Participating in EEOC investigation

FMLA retaliation:

  • Taking federal FMLA leave
  • Requesting FMLA leave

FLSA retaliation:

  • Filing federal wage complaint
  • Complaining about unpaid overtime

OSHA retaliation:

  • Filing safety complaint
  • Reporting OSHA violations

7. Breach of Employment Contract

If you have employment contract, termination violating contract terms is illegal:

Requirements:

  • Written contract (oral contracts hard to prove)
  • Clear terms limiting at-will employment
  • Consideration (something of value exchanged)

Rare in Washington: Most Washington employers maintain at-will relationships

Employee handbook: Generally not a contract unless very clear contract language and consideration

Example: You have 3-year written employment contract stating you can only be terminated for “gross misconduct, criminal activity, or willful policy violations.” Employer fires you in month 20 because new management “wants to go a different direction.” This breaches the contract (reason given doesn’t meet contract’s “for cause” definition).

Remedies: Lost wages through contract term, damages specified in contract

Filing deadline: 6 years for written contracts (Washington statute of limitations)

Common Wrongful Termination Scenarios in Washington

Scenario 1: Small Employer Discrimination (WLAD Protects)

Situation: You work for a 10-person startup. You’re pregnant and request reasonable accommodation (ability to sit during work, additional bathroom breaks). Your manager fires you, stating “we need someone fully available without special needs.” You’re replaced by a non-pregnant employee.

Why this is illegal:

  • Pregnancy discrimination (protected under WLAD and federal Pregnancy Discrimination Act)
  • Washington Law Against Discrimination applies (10 employees meets 8+ threshold)
  • Federal Title VII doesn’t apply (only 10 employees, requires 15+), but state law does
  • Direct evidence of pregnancy bias (“special needs” reference to pregnancy accommodation)
  • Failure to provide reasonable accommodation

What to do:

  • File WSHRC complaint within 1 year
  • Also file EEOC charge (likely administratively closed due to size, but preserves options)
  • Document pregnancy accommodation request and denial
  • Show you could perform job with reasonable accommodation
  • Seek reinstatement, back pay, compensatory damages

Scenario 2: Denied Meal Break Retaliation

Situation: You work at a retail store. Your employer routinely denies you the required 30-minute meal break on 8-hour shifts. You complain to your manager and file complaint with Washington Department of Labor & Industries. Two weeks later, you’re fired for “not being a team player.”

Why this is illegal: Washington law requires meal breaks and prohibits retaliation for wage complaints. Filing L&I complaint is protected activity. Temporal proximity (2 weeks) and pretextual reason (“not being a team player” after complaining about legal violations) suggest illegal retaliation.

What to do:

  • File wrongful termination lawsuit for retaliation
  • File additional complaint with L&I about retaliation
  • Document meal break denials and your complaint
  • Preserve evidence of temporal proximity
  • Continue pursuing underlying meal break violation claim
  • File within 3 years

Scenario 3: Paid Family Leave Retaliation

Situation: You request Washington Paid Family and Medical Leave to care for your mother who has cancer. Your employer approves the leave but when you return after 10 weeks, you’re told your position was “eliminated.” Your duties were redistributed to coworkers and a new “associate” position (essentially your role) was posted and filled.

Why this is illegal: Washington Paid Family and Medical Leave Act prohibits interference and retaliation. “Position elimination” is pretext if duties redistributed and similar position created. This violates both WA Paid Leave protections and potentially federal FMLA if employer size qualifies.

What to do:

  • File complaint with Employment Security Department (Paid Leave program)
  • File lawsuit for WA Paid Leave retaliation
  • If employer has 50+ employees at site, also file FMLA complaint with U.S. Department of Labor
  • Document that position wasn’t really eliminated
  • Show you met all leave requirements
  • File within 3 years

Scenario 4: Public Policy – Refusing Illegal Act

Situation: You’re a registered nurse. Your employer (nursing home) instructs you to administer medications without proper physician orders (violates nursing practice act and endangers patients). You refuse, citing Washington nursing regulations and patient safety. You’re fired for “insubordination.”

Why this is illegal: Washington public policy prohibits firing employee for refusing to violate law or professional licensing requirements. Administering medications without proper orders violates RCW 18.79 (Nursing Practice Act) and endangers patients. You cannot be fired for refusing illegal conduct that would risk your nursing license and harm patients.

What to do:

  • File wrongful termination lawsuit based on public policy exception
  • Cite RCW 18.79 and Washington nursing regulations
  • Emphasize refusal to violate professional standards and endanger patients
  • Document employer’s instruction to violate nursing practice standards
  • Consider reporting to Washington Nursing Commission
  • File within 3 years

Scenario 5: Workers’ Compensation Retaliation

Situation: You injure your shoulder operating machinery at work. You file workers’ compensation claim. Your employer becomes hostile, gives you poor performance reviews (despite years of excellent reviews), and eventually fires you, stating “we can’t have workers who file claims.”

Why this is illegal: Washington strongly protects workers’ compensation rights under public policy. Firing for filing workers’ comp claim violates clear public policy. Employer’s explicit statement is direct evidence of retaliatory motive.

What to do:

  • File wrongful termination lawsuit based on workers’ comp retaliation (public policy)
  • Preserve employer’s retaliatory statement
  • Document excellent prior performance reviews vs. sudden poor reviews after claim
  • Continue pursuing workers’ comp claim (separate from wrongful termination)
  • File within 3 years

Scenario 6: At-Will Termination – No Protection (Legal)

Situation: You’ve worked for a company for 5 years with good performance. New CEO takes over and decides to “restructure” by eliminating your department and outsourcing the work. You’re laid off along with your entire team. No discrimination (team demographically diverse), no protected activity, no contract—just business decision.

Why this is likely legal: Washington’s at-will employment allows business restructurings, departmental eliminations, and outsourcing decisions as long as real reason isn’t illegal discrimination, retaliation, or public policy violation.

No protection because:

  • Legitimate business restructuring affecting entire department
  • No protected characteristic or activity
  • No contract limiting at-will status
  • No public policy violated

Lesson: Many “unfair” terminations are legal under at-will employment. You need specific evidence of illegal motive to overcome at-will presumption.

How to Prove Wrongful Termination in Washington

For Discrimination Claims (WLAD/Title VII)

McDonnell Douglas burden-shifting framework:

Step 1: Prima facie case (you prove):

  1. You’re in protected class
  2. You were qualified for your job
  3. You were terminated
  4. Circumstances suggest discrimination (replaced by person outside protected class, similarly situated employees treated differently, discriminatory comments, etc.)

Step 2: Employer provides legitimate reason:

  • “We fired her for poor performance”
  • “We eliminated the position”

Step 3: You prove reason is pretext (cover-up):

  • Reason is factually false
  • Reason wasn’t real motivation
  • Evidence shows real reason was discriminatory

Types of Evidence

Direct evidence:

  • Discriminatory statements by decision-maker
  • Written policies showing discrimination
  • Explicit admission of illegal motive

Circumstantial evidence:

  • Comparative evidence: Similarly situated employees outside protected class treated better
  • Temporal proximity: Termination shortly after protected activity
  • Pretext: Employer’s stated reason is false or inconsistent
  • Statistical evidence: Pattern of discriminating against protected class
  • Shifting explanations: Different reasons given at different times

Damages for Wrongful Termination in Washington

Washington Law Against Discrimination (WLAD) Damages

Back pay: Lost wages from termination to judgment

Front pay: Future lost earnings if reinstatement not feasible

Compensatory damages: Emotional distress, pain and suffering, humiliation

  • Generally uncapped, though courts may apply reasonableness standards

Punitive damages: To punish egregious discrimination

  • Available for intentional discrimination

Reinstatement: Court can order employer to rehire you

Attorney’s fees: Prevailing plaintiffs recover attorney’s fees from employer

Example: You prove sex discrimination under WLAD at 25-employee company. Jury awards:

  • $95,000 back pay
  • $200,000 compensatory damages
  • $350,000 punitive damages
  • Total: $645,000 + attorney’s fees

Federal Discrimination Claims (Title VII, ADA, ADEA)

Back pay and front pay

Compensatory damages (Title VII, ADA—not ADEA):

  • Capped based on employer size (federal law):
    • 15-100 employees: $50,000
    • 101-200 employees: $100,000
    • 201-500 employees: $200,000
    • 500+ employees: $300,000

Punitive damages: Same caps (combined with compensatory)

ADEA: No compensatory/punitive; liquidated damages (doubling back pay) if willful

Strategy: Pursue WLAD claim to avoid federal caps when possible

Public Policy and Retaliation Claims

Back pay and front pay

Compensatory damages: Emotional distress (uncapped under Washington common law)

Punitive damages: If employer acted with malice or reckless disregard

Reinstatement

Attorney’s fees: Often recoverable

Wage Retaliation Claims

Back pay

Statutory penalties: Washington wage laws provide penalties for violations

Attorney’s fees

Filing Deadlines (Statute of Limitations)

Critical—missing deadlines destroys claims:

Claim Type Deadline Where to File
WSHRC complaint 1 year (365 days) WA State Human Rights Commission
EEOC charge 300 days EEOC (dual-files with WSHRC)
Public policy wrongful termination 3 years Washington state court
Wage retaliation 3 years Washington state court
WA Paid Leave retaliation 3 years Employment Security Dept or court
Workers’ comp retaliation 3 years Washington state court
FMLA retaliation 2-3 years DOL or federal/state court
Breach of written contract 6 years Washington state court

Note: WSHRC complaint deadline is 1 year—longer than many states’ 180-300 day requirements.

How to File Wrongful Termination Claim in Washington

Step 1: Determine Type of Claim

Ask:

  • Does my employer meet size thresholds? (8+ for WLAD, 15+ for Title VII/ADA, 20+ for ADEA)
  • Is this discrimination, retaliation, public policy, or contract breach?

Step 2: File with Washington State Human Rights Commission (WSHRC)

For discrimination/harassment under WLAD:

Olympia Office:

  • Phone: 360-753-6770 or 1-800-233-3247
  • Address: 711 South Capitol Way, Suite 402, Olympia, WA 98504

File within: 1 year (365 days) of discriminatory act

Online filing: hum.wa.gov/file-complaint

Process:

  1. File complaint with WSHRC (or EEOC—work-sharing agreement)
  2. WSHRC investigates
  3. Mediation or finding of reasonable cause
  4. Administrative hearing or lawsuit in court

Step 3: File with EEOC (For Federal Claims)

Seattle EEOC:

  • Phone: 1-800-669-4000 or 206-220-6883
  • Address: 909 First Avenue, Suite 400, Seattle, WA 98104

File within: 300 days

Dual filing: EEOC and WSHRC cross-file

Step 4: File with Department of Labor & Industries (Wage Retaliation)

For wage complaint retaliation:

Step 5: File Lawsuit (Public Policy, Contract)

For public policy or contract claims: File in Washington Superior Court (county where you worked)

Deadline: Generally 3 years (public policy), 6 years (written contract)

Step 6: Consult Employment Attorney

Highly recommended:

  • Evaluate claim strength
  • Navigate WSHRC process
  • File and litigate lawsuit
  • Negotiate settlement

Contingency fee: Many employment attorneys work on contingency

Washington attorney resources:

  • Washington State Bar Association: 1-800-945-9722
  • Columbia Legal Services: 1-888-201-1014 (low-income)

Resources for Washington Workers

State Agencies

Washington State Human Rights Commission (WSHRC):

  • Phone: 360-753-6770 or 1-800-233-3247
  • Website: hum.wa.gov

Washington Department of Labor & Industries (L&I):

Employment Security Department – Paid Leave:

Federal Agencies

EEOC – Seattle:

  • Phone: 1-800-669-4000 or 206-220-6883

U.S. Department of Labor:

  • Phone: 206-398-8039

Free Legal Help

Columbia Legal Services:

Northwest Justice Project:

Related Topics

Get Help with Your Washington Wrongful Termination Claim

Think you’ve been wrongfully terminated in Washington? Get a free consultation from an employment law expert who understands Washington’s worker-friendly protections.

Washington provides strong wrongful termination protections through WLAD (8+ employees), public policy exception, wage/leave retaliation protections, and generous remedies. Understanding which protections apply and filing deadlines (1 year for WSHRC complaints) is critical to protecting your rights.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Washington employment laws are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Washington. Employment Law Aid is not a law firm and does not provide legal representation.